HomeMy WebLinkAboutBighorn Construction; 1998-11-13; 3523-31
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CITY OF CARLSBAD 1.
1 San Diego County
California
I CONTRACT DOCUMENTS AND I SPECIAL PROVISIONS
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I 1998 NORTHWEST QUADRAN
I PEDESTRIAN CURB RAMP
I IMPROVEMENT PROJECT
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CONTRACT NO. 3523-3
July 14,1998
*w ts 1/08/98 Contract No. 3523-3 Page 1 of72
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i TABLE OF CONTENTS
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NOTICE INVITING BIDS .......................................................................................................
CONTRACTORS PRO PO SAL .............................................................................................. I BID SECURITY FORM ..........................................................................................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL .................................................................
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUN-
OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR C
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ......................................
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID
DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER
OPERATOWLESSOR WORK
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ...............................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .............................
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........................
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BIDDER’ S STATEMENT OF RE-DEBARMENT
BIDDERS DISCLOSURE OF DISCIPLINE RECORD .................................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
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BY BIDDER AND SUBMITTED WITH BID ............................................................................
CONTRACT PUBLIC WORKS
LABOR AND MATERIALS BOND .........................................................................................
FAITHFUL PERFORMANCENVARRANTY BOND
REPRESENTATION AND CERTIFICATION
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................
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SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORI
CONSTRUCTION PART 1 , GENERAL PROWS IONS .........................................................
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TABLE OF CONTENTS
(con t i nu ed)
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS ............
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOF
CONSTRUCTIQN PART 3, CONSTRUCTION METHODS ....... . ... .. . ... ... ... .. . .. . . . . . . . .. .. . . . . .. .. . . . .
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12 Construct Type G Curb and Gutter 35 LF $ 1200 $4
per SDRSD G-2 at
Dollars per Linear Foot
SDRSD G-1 at
Dollars per Linear Foot
SDRSD G-12 as modified by City
of Carlsbad Standards at
Dollars per Square Foot
13 Construct 6" P C C Curb per 53 LF $ 1000 $t
14 Construct P C C Cross-Gutter per 480 SF $ 3 50 $1 ,'
15 Move Stop Bar Legend at 6 EA $ 30000 $1,
Dollars Each
Construction Subtotal $247,
Contingency (10%) $24,
PROJECT TOTAL $271,8
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carl:
Village Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the IOTH day of Septem
1998, at which time they will be opened and read, for performing the work as follows:
1.
1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-3
The work shall be performed in strict conformity with the specifications as approved by the
Council of the City of Carlsbad on file with the Engineering Department. The specification
the work include the Standard Specifications for Public Works Construction (1 997 Edition)
the 1998 supplement thereto, all hereinafter designated “SSPWC” as issued by the Soul
California Chapter of the American Public Works Association and as amended by the sp
provisions sections of this contract. Reference is hereby made to the specifications fo
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesse
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators
contractors to utilize recycled and recyclable materials when available, appropriate
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bic when a contractor or subcontractor has been debarred by the City of Carlsbad or an
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 Purch,
Department. Each bid must be accompanied by security in a form and amount required b\
The bidder’s security of the second and third next lowest responsive bidders may be wit1
until the Contract has been fully executed. The security submitted by all other unsuccf
bidders shall be returned to them, or deemed void, within ten (IO) days after the Contr
awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appro
securities may be substituted for any obligation required by this notice or for any rr
withheld by the City to ensure performance under this Contract. section 10263 of the I
Contract Code requires monies or securities to be deposited with the City or a state or fed
chartered bank in California as the escrow agent. The escrow agent shall maintain insurar
cover negligent acts and omissions of the agent in connection with the handling of rete!
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, prc
executed and notarized are:
1 approved by the Engineer.
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a 1. Contractor’s Proposal 8. Certificate of Insurance
2. Bidder’s Bond 9. Bidder’s Statement Re Debarme 3. Non-Collusion Affidavit 10. Bidder’s Disclosure of Discipline
4. Designation of Subcontractors and Amount 11. Purchasing Department Represc
5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for !
Deposits - (optional, must be COI
6. Bidder’s Statement of Financial if the Bidder wishes to use the
7. Responsibility Agreement for security.)
of Subcontractor Bid and Certification
Amount of Owner Operator/Lessor Work
Bidder’s Statement of Technical Ability and
Experience
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quat?
approximate and serve solely as a basis for the comparison of bids. The Engineer’s €si
$271,884.
No bid shall be accepted from a contractor who is not licensed in accordance with the proi
California state law. The contractor shall state their license number, expiration (
classification in the proposal, under penalty of perjury. The following classifications are ac
for this contract: A, C12, C32 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documer
of the usual 10% retention from each payment, these documents must be completed and I
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the P
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refunda
$1 5.00 per set. If plans and specifications are to be mailed, the cost for postage should bc
Any prospective bidder who is in doubt as to the intended meaning of any part of the
specifications or other contract documents, or finds discrepancies in or omissions from the
and specifications may submit to the Engineer a written request for clarification or correc
response will be made only by a written addendum duly issued by the Engineer a coy of be mailed or delivered to each person receiving a set of the contract documents. No addi
modification of or interpretation of any provision in the contract documents will be given
may any bidder rely on oral directions.
The City of Carisbad reserves the right to reject any or all bids and to waive any minor irre!
The general prevailing rate of wages for each craft or type of worker needed to execute the
shall be those as determined by the Director of Industrial Relations pursuant to the secti
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a cu
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to
Contract is awarded shall not pay less than the said specified prevailing rates of wa
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of secti
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Sublt
Subcontracting Fair Practices Act.“ The City Engineer is the City’s “duly authorized offic
purposes of section 4107 and 4107.5.
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1 informality in such bids.
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall 0 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 ind
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
words and figures, the words shall prevail. In case of an error in the extension of a unit 1:
corrected extension shall be calculated and the bids will be computed as indicated ab
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
written in with ink and must be initialed in ink by a person authorized to sign for the Contraci
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids without acknowledgment of addenda may be cause of rejectior
Bonds to secure faithful performance and warranty of the work and payment of labo
materials suppliers, in an amount equal to one hundred percent (lOOo/~) and fifty percer
respectively, of the Contract price will be required for work on this project. These bonds
kept in full force and effect during the course of this project, and shall extend in full force a
and be retained by the City until they are released as stated in the Special Provisions sectii
contract. All bonds are to be placed with a surety insurance carrier admitted and auth
transact the business of insurance in California and whose assets exceed their liabiliti
amount equal to or in excess of the amount of the bond. The bonds are to contain the
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, b) other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the I
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual state
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commer
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calend:
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Kt
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of ins
the State of California by the Insurance Commissioner. Auto policies offered to
specification of this contract must: (1) meet the conditions stated above for all insurance cl
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto
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
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement fo
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any cost of said insurance shall be included in the bid price. 0
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The award of the contract by the City Council is contingent upon the Contractor subm
required bonds and insurance, as described in the contract, within twenty days of bid openi
Contractor fails to comply with these requirements, the City may award the contract to the s
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 valil
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 98-22Q on the 7th day of JULY , 1998.
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Bilghorn const 762 Poinset
San Marcos, C
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CITY OF CARLSBAD
1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
'0
CONTRACT NO. 3523-3
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 t Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda the
hereby proposes to furnish all labor, materials, equipment, transportation, and services r
do all the work to complete Contract No. 3523-3 in accordance with the Plans, Spei
Special Provisions and addenda thereto and that he/she will take in full payment th
following unit prices for each item complete, to wit:
Approximate
I tern Quantity Unit
tleSCriDtiOn and Unit Price
/ *7co 32 k 1 Construct Type A Pedestrian Ramp 13 EA
Dollars Each
2 Construct Type B Pedestrian Ramp 14 EA I"7&-0 29
Per SDRSD G-27 at
Dollars Each Seq&'Pe(zm, HbwC(cd E&
3 Construct Type C Pedestrian Ramp a2~~ ,IJfM ZS<
per SDRSD G-29 at
4 Construct Type A-1 Pedestrian Ramp 50 EA / I4-0 .L
per SDRSD G-28 at
5 Construct Type C-I Pedestrian Ramp 16 EA lIG0 4
per SDRSD G-30 at .
4- r.4 1/08/98 Contract No. 3523-3 Page 8 of
Bighorn Constrb 762 Poinsetti:
San Marcos, Cal.
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t SDRSD G-1 at
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Approximate
Item Quantity Unit om. DescriDtion and Unit Price L!
6 Construct Type D Pedestrian Ramp 16EA //,Ac?o,@ /z($d per SDRSD G-31 at
7 EA & 7 Construct Modified Alley-Type
Pedestrian Ramp per Carlsbad
Standard Dwg. GS-20 at
2EA b!@m 42
Dollars Each
9 Modify Existing Curb Inlet at 2 EA A96 87" fih
l 75a
1,235 SF 6.073 m
4 I- 10 Remove and Relocate Traffic 3 EA 3i,j 0,m
Sign/Etc. at
11 Construct P.C.C. Sidewalk per
SDRSD G-7 at
/ I \k ./I[, //46 Dollar; per Sqchre Foot
12 Construct Type G Curb and Gutter per 35~~ (40.673 ?%3 SDRSD G-2 at
13 Construct 6" P.C.C. Curb per 53 LF j7ft-p 5[>/
/ PPA [)O//CC /r
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Bighorn Construe
762 Poinsettia ,c
- Sari Marcos, Caj. 9,
r. 0 item Quantity Unit
- - NO. Description and Unit Price - Tota
dl
Approximate
rl 14 Construct P.C.C. Cross-Gutter per 480 SF 7,A-Q 3eoc
SDRSD G-12 (as modified by
City of Carlsbad standards) at -
(2 v& & c;..;/roz; a
- Dollars per Square Foot
15 MpveStop 6 EA i 3522 m a - -7kme
i Dollars Each
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Total amount of bid in words: /UG HLLM!~CE/ SeJ~fb Mifl e XORS.&LC/ /
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
The Undersigned has carefully checked all of the above figures and understands that the 1
not be responsible for any error or omission on the part of the Undersigned in preparing this I ’ The Undersigned agrees that in case of default in executing the required Contract with ne
bonds and insurance policies within twenty (20) days from the date of award of Contract by
Council of the City of Carlsbad, the City may administratively authorize award of the contra( j second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensc
business or act in the ca acity of a contractor within the State of California, validly license license number X4786b , classification C-,S?, R. A , which ex
, and that this st tement is true and ccrrecthd has the legal
a7y. 9/c- ‘ F
A
hadhave been received and islare included 1
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4$#70,954
1 an affidavit.
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4 OPENED, WITNESSED AND REcOR~~~:
n/ ‘7 & i k4- L2t3 - q.5 /-I -
1 - DATE &W 3.
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A bid submitted to the City by a Contractor who is not licensed as a contractor pursu:
Business and Professions Code shall be considered nonresponsive and shall be rejected b
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted
invalidated by the failure of the bidder to be licensed in accordance with California law. Hc
the time the contract is awarded, the contractor shall be properly licensed. Public Contra 5 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is F
interested, directly or indirectly, in this Contract, or the compensation to be paid hereundc
representation, oral or in writing, of the City Council, its officers, agents, or employees hac
hirnlher to enter into this Contract, excepting only those contained in this form of Contra
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation makin5
the same work, and is in all respects fair and without collusion or fraud.
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(Cash, Certified Chc q Accompanying this proposal is />atdo
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requ
employer to be insured against liability for workers' compensation or to undertake self-in:
accordance with the provisions of that code, and agrees to comply with such provisic
commencing the performance of the work of this Contract and continue to comply until th
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article
to the general prevailing rate of wages for each craft or type of worker needed to e:
Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State
(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 ma
general partner)
J,
3 (Street and Number)
(3) Place of Business
(Street and Number) I @ City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE: .- 7 (1) Name under which business is conducted 21, Lord ~od 2 PiccYiLc ?,
(Title)
Impress Corporate Seal
..
(3) Incorporated under the laws of the State of CAI~ For&/ fi
(4) Place of Business 742 373 3 hisc iv/ i4 &f. 5"
(5) ZipCode qao&(? Telephone No. .7(JQ -7-J-jl - 8937
(Street and Number)
City and State sha H&%O> e& I e
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU: 0 ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporal
partnership, list names of all general partners, and managing partners:
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-- 4PwitS !-tLJ ¶!7 (]/&If/{
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== CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of: CALIFORNIA
Countyof: SAN DlEGO
before me, DAVID LD, NOTARY PUBLIC, perso
0 personally known to me - OR - &roved to me on the basis of satisfactory evidence to bt
person(&) whose name@ is/= subscribed to the v
instrument and acknowledged to me that he/&
executed the same in his/-r author
capacity@@, and that by his/- signature(1
the instrument the persono, or the entity upon beh
which the person(@ acted, executed the instrumer
WITNESS my hand and official seal.
My commission expires
kinkoIs
1921 West San Marcos Boulevard
San Marcos, California 92069
(760) 599-5588 Fax (760) 599-5576
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6 1997 Kinko’s, Inc. 0 1921 West San Marcos Boulevard, San Marcos, CA 92069 (760) 599-5588 Fax (7E
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES M1 4 ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpor:
partnership, list names of all general partners, and managing partners:
./s~+. v- P *
7 JePp A/o.Lpis
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BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.) I.
Accompanying this proposal is a *Certified *Cashiers check payable to the order of
CARLSBAD, in the sum of
this amount being ten percent (IOo/,) of the total amount of the bid. The proceeds of this ct
become the property of the City provided this proposal shall be accepted by the City throu
of its legally constituted contracting authorities and the undersigned shall fail to execute i
and furnish the required Performance, Warranty and Payment Bonds and proof of i
coverage within the stipulated time; otherwise, the check shall be returned to the undersic
proceeds of this check shall also become the property of the City if the undersigned shall
his or her bid within the period of fifteen (15) days after the date set for the opening there!
otherwise required by law, and notwithstanding the award of the contract to another bidder.
1
dollars ($
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BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the
pages shall be executed--the sum of this bond shall be not less than ten percent (IOo/,) c
amount of the bid.)
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BIDDER'S BOND TO ACCOMPANY PROPQSAL
KNOW ALL PERSONS BY THESE PRESENTS:
0
That we, BIGHORN CONSTRUCTION, INC . , as Principal, and INSURANCE COMPANY OF T
as Surety are held and firmly bound unto the City of Car mw4jyp$,fG%~Aqp n t as fori,
for v payment, well and truly made, we bind ourselves, our heirs, executors aqd administrz
successors or assigns, jointly and severally, firmly by these presents.
THE CONUlTlON OF THE FOREGOING OBLIGATION IS SUCti that if the proposal of the at: bounden Principal for:
(must be at least ten percent (10%) of the bid amount) ----___
1998 NORTHWEST QUADRANT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-3
in the City of Carlsbad, is accepted by the City Council, and if the Principal shalt duly enter into
execute a Contract including required bonds and insurance policies within twenty (20) days Ron: date of award of Contract by the City Council of the City of Carlsbad, being duly notified of
award. then this obligation shall become null and void; othetwise, it shall be and remain in full fc
and effect, and the amount specified herein shall be forfeited to the said City,
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CALIFORNDA ALL-PURPOSE ACKNOWLEDGMENT
CAPACITY C LA1 M E [
Though statute does not rec
fill in the data below, doif
invaluable to persons relying
SAN DIEGO
JOHN G. MALONEY, NOTARY PUBLIC
NAME TITLE OF OFFICER E G "JAhE DOE NOTARY PUBLIC'
11/9/98 before me,
ANDREW F. OLWELL, HELEN MALONEY
TITLE(S persoiially appeared NAME(S) OF SIGNER(S)
capacit) 'ies), and that by hts/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
SIGNER IS REPRES
NAME OF PERSON(S) OR ENT
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
In the event Prirlcipal exesuted this bond as an individual, it is agreed that the death of Prinl shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this I
PRINCIPAL: SURETY:
@ 4; 5% A a-
Executed by SURETY this 9TH dz -
day of '%xiiPr~.fi%~ ,199 SEPTEMBER .19E.
BIGHORN CONSTRUCTION, INC. INSURANCE COMPANY OF THE WEST
(name of Principal) (name of Surety)
P. 0. BOX 85563
tsig (address of Surety)
(print name here)
By: SAN DIEGO, CA 92186-5563
ANDREW F. OLWELL 619/350-2909
(telephone number of Surety)
PRESIDENT / SECRETARY ' By: 1L-W / (Title and Organization of Signatory) (signature! of Attorney-h-F$$ct)
I
By: HELEN MALONEY, ATTORNEY-IN-FACT
(sign here) (printed name of Attorney-@Fact)
0 rprint name here)' (Attach corporate resoiution showing cun
a
power of attorney.)
(tiite and organization of signatory)
{Proper notaria1 acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations, If c one ofticer signs, the corporation must attach a resolution certified by the secretary or assisf secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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*e
Q 1/n8/!28 rfintr,,t hl.. 9KT3 9 I-&--- ,e *-e-
5-
Irisurance Company of the West
HOME OFFICE. SAN OIEGO. CALIFORNIA
POWER OF ATTORNEY a
KNOW ALL MEN gy THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corooration. does her1
HELEN MALONEY
its true and lawful Attorney(s)-in-FaCt. with full power and authority. to execute, on behalf of the Comoany. fidelity and surety nons
and other contracts 01 suretyship of a similar nature.
This Power of Attorney 1s granted and is signed and sealed by facsimile under the authority of the following Resolution adOD
of Directors on the 22nd day of November, 1994. which said Resolution has not been amended or rescinded and of which 1
true copy.
"RESOLVED. that the Chairman of the Board, the President. an Executive Vice President or a Senior Vice President
and each of them, is hereby authofized to execute Powers Of Attorney qualifying the attorney named in the given Power of At1
on bshalt of the Coinpany, fidelity and surety bonds. uodertakings. or other contracts of suretyship cf a s:mi!ar iiaturg: ax!
the seitl of the Comoany: provided however, that the absence of the seal shall not affect the validity of the instrument,
FLIRTHER RESOLVED, that the signatures of such officers and the seal of the Company. and the signatures of an'
signatures and seal of any notary. and the signatures of any officers certifying the validity of the Power of Attorney. may be affix
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly auth
this28th day of March is95 0 2 ,+o*'On~fre 5
INSURANCE COMPANY OF THE WEST
4,c*, ,*fl /I r
1 ,/. /&' /.g
C4won\b Le,/.
@ATE: OF CALiFORNiA ss: 1 -1. eP+-- -- /A
,' John L. Hannum: Senior Vice President
/cF
COUNTY OF SAN DlEGO
r/ March 28th, 1995
On this before me personally appeared John L. Hannum. Senior Vice Presiden
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument. ai
to me that he executed the same in his official capacily and that by his signature on the instrument the corporation on bf
acted, executed the instrument.
WITNESS my hand and official seal.
;,]
.. A; f-J ./' @Jm- Notary Public ! h NORMA PORTER COMM. #952644
SAN OEGO COUNN
2 z Notary pUStic:-Ccli~ornia 1
CERTIFICATE:
I. E. Harned Davis. Vice President of INSURANCE COMPANY OF THE WEST. do hereby certify that the original POWEA
of which the foregoing is a true copy. is still in full force and effect. and that this certificate may be signed by facsimile ur
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President. on this 9TH day of
SEPTEMBER 19 98
INSURANCE COMPANY OF THE WEST 'O*''U?& 0 d &on~'J*rr,, '.
*'*or I. tfi 7&&&&&i
4( .ORIN+ E. Harned Davis. Vice President
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
I.
REFERENCES Prior to preparation of the following Subcontractor and Owner Operato
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I(
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor."
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informati
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor 01
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comF
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being
the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item t
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any port
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity 01
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The
materials and transport for materials from sources outside the limits of work, as shown on th
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as t
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included
part of the portion of the work that the Contractor is required to perform with its own organiz:
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numt
be entered on the form. If the Subcontractor does not have a valid business license enter "N
t Work.
I
1 the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to
the required information. The number of additional form pages shall be entered on the fi
page of each type so duplicated. @
QW t r,s 1/08/93 Contract No. 3523-3 Page 17 of 72 PC
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this option the Bidder must indicate the bid item numbers to which the information ir
pertains. This option may not be used where the subcontractor or Owner Operatoi
constructing or installing less than 100 percent of a bid item. The percentages and dollar
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de
of subcontractor or designation of Owner OperatorlLessor forms as applicable. The ex
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of aw:
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS 0
The Bidder MUST complete each information field on this form for each subcontrac proposes to use. Additional copies of this form may be attached if required to accomm Contractor's decision to use more than one subcontractor. This form must be submitted a! the Bidder's sealed bid. Failure to provide complete and correct information may result in ri the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portii Work as designated in the list in accordance with applicable provisions of the specific: section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to pe portion of the Work and that no changes in the subcontractors listed work will be made ex the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address: 1 Street
1 City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
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1 Carlsbad Business License No.:
Exdanation:
Column 1 - Bid Item No. from the bid proposal, pages 8-10. Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid I item on bid proposal pages 8-10. 0
9 3 Page of pages of this form
*- Gs 1/08/98 Contract No. 3523-3 Page 19 of 72 I
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DESIGNATION OF OWNER OPERATOFVLESSOR ANC
AMOUNT OF OWNER OPERATOWLESSOR WORK 0
The Bidder MUST complete each information field on this form for each owner operator/(
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this 1
be attached if required to accommodate the Contractor's decision to use more t
subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure ti
complete and correct information may result in rejection of the bid as non-responsive. Exce individuals listed below the Bidder certifies that no Owner OperatorlLessor will be allowed tc
any portion of the Work. The Bidder further certifies that no changes in the Owner Operat
listed work will be made except upon the prior approval of the Engineer. Provide a separ
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition
0 perator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
City State Zip
Telephone Number plus Area Code:
City of Carlsbad Business License No.:
4
Column 1 - Bid Item No. from the bid proposal, pages 8-10.
Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractor's own forces.
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid p
item on bid proposal pages 8-10.
Page of pages of this form 3.
Qrn t4 1/08/98 Contract No. 3523-3 Page 20 of72
'3
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILll 7. (To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets
submitted under separate cover marked CONFIDENTIAL. t4
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE -I. 1 (To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the F
Contract he/she has successfully performed and give references, with telephone number
will enable the City to judge hidher responsibility, experience and skill. An attachment can t
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Name and Phone No. of Person Name and Address
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4- \a 1/08/98 Contract No. 3523-3 Page 22 of72
0 Lic. #597866
762 Poiriseiiia Ave.
San Mavcos, CA 92069 FAX
Jobs Under Contract
California State University San Marcos (C.I.P. Concrete)
Contractor: Swinerton & Walberg Co.
Contract Price
San Marcos, Ca. 1,200,000 +
225 Towne Center Drive Ste.225
San Diego, Ca. 921 2 I
6 19-622-4040
Contact: Bob Boyles (Superintendent) 760-750-3390
Nazeh Qafiti (Project Manager) 760-750-3390
80% Complete
MALS Addition & Utility Improvements (C.I.P. Concrete)
Camp Pendleton 358,000
Contractor: Soltek of San Diego
Contract Price
2424 Congress Street
San Diego, Ca. 921 10
Terry Luhr (Project Manager)619-296-6247
14% Complete
29 Palms MCAGCC Recreational Swim Pool
Contractor: Cox Construction 165,000
Contact: Gary (Superintendent) 760-385-0942 e
Contract Price
3 170 Scott Street
Vista, Ca. 92083
John GriEs (Project Manager) 727-9020
90% Complete
760-727-9020
Contact:
760-
Las Pulaas Gymnasium Contract Price
Camp Pendleton, Ca. 178,000
Contractor: Chavez Construction
7934 Mirw Road
San Diego, Ca. 92 126
Contact: Keith 619-271-6933
New Job
0
Lie. # 597866
762 Poirtseltia Ave. (42
San Marcos, CA 92069 FAX (6.
Construction Package S-3 (C.I.P. Concrete)
Miramar A.F.B. 110,000 +
Contractor: W.R. Chavez
Contract Price
7934 Miramar Road
San Diego, Ca 92126
6 19-27 1-6933
Contact: Keith
619-271-6933
F-22 ADAL (Tilt-up & C.I.P. Construction) Edwards A.F.B., Ca. $750,000
Contractor: Soltek of San Diego
Contract Price:
2424 Congress Street
San Diego, Ca. 92 1 10
Contact: Dean Neuenswander (PM)
(6 19-296-6247)
Commuter Terminal (C.I.P. Construction)
Contractor: Swinerton & Walberg
9255 Towne Centre Dr. #225
San Diego, Ca. 92121
Contract Price: Lindbergh Field, Ca. 100,000 e
(619-622-4040)
Contact: Gary Cook (Supt)
. El Centro Commissary (Tilt Up Construction) Contract Price:
El Centro N.A.F. 200,000 +
Contractor: Kilgallon Construction Co.Inc.
62 10 Marindustry Drive
San Diego, Ca. 92121
Contact: Matt Gates
(6 19-5 87- 105 0)
Firebird Manor (C.I.P. Concrete) San Marcos, Ca. 375,000
Contractor: AEL Construction Co.
11 0. Market Place “A”
Escon % , Ca. 92029
Contract Price:
Contract: Wally Messersmith 0 (619-432-8605)
Lic. # 597866 0-
762 Poinsettia Ave. (d
San Marcos, CA 92069 FAX (t
Dormitories (C.1.P. Concrete) Contract Price:
Travis A.F.B., Ca.
Contractor: Federal Builders R.A.Burch
30 1,000 +
P.0.Box 630 Ramona,Ca.
Colton, Ca. 92324 Contact : Bob Burcli (619-788-0800)
Security Poke %erations Facility #DACA05-94-C-0073
Beale A.F.B. (C.I.P. Concrete) 250,000 +
Contractor: R.J. Lanthier Co. Inc.
Contract Price:
13 053 Poway Road
Poway, CA. 92064
Contact: Rod Harris V.P.
(6 19-748-8552)
(6 19-486-0775) FAX
Travis A.F.B. Buildings 133 1-1332 (C.I.P. Concrete) Contract Price:
Owner: U.S. Air Force 460,000 +
Contractor: R.J. Lanthier Co. Inc.
13053 Poway Road
Poway, CA. 92064 e
Contact: Mark Franko
(61 9-748-8552)
(619-485-0775) FAX
Oil Spill Containment Upgrades. N.A.F. El Centro, (C.I.P. Concrete)
Owner: U.S.Navy 275,000 +
Contractor: Falcon General Engineering
Contract Price:
572 Collyn Street
Vista, CA. 92083
Contact: Dale Winterquist
(6 19-630-9570)
(6 19-630-3648) FAX
Supdiers :
Nelson & Sloan Concrete (619) 744-8471
Sorrento Ready ,Mix (619) 755-2993
Rick's Concrett@umping (619) 432-2000
Dixieline Lud Go. (6 19) 757-6069
Escondido Ready Mix (619) 745-0556 \
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BlGH construction co,
Lic. # 597866
762 Poinsettia Ave. 0 San Marcos, CA 92069 FAX (t
Free Builders Supply (619) 744-3340
Concrete Tie (619) 541-0211
White Cap (619) 560-9933
S.C.A. Atlas (6 19) 277-2 100
Orco Equipment & Supply (619) 278-8480
Coast Equipment Rental (619) 941-8003
Hub Construction Specialties (619 744-8 124
Merli Concrete Pumping (619) 741-941 1
C. L. Pharris Concrete (909) 784-7900
Lonestar Concrete (707) 437-66 1 I
A.Y. Supply (916) 348-7759
Conw Pumping (5 10) 687-6040
In Business since 1987.
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BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
0 GENEWL LIABILITY, EMPLOYERS' LIABILITY, AUTOMO.
(To Accompany Proposal) a
As a required part of the Bidder's proposal the Bidder must attach either of the following to t
page.
1. Certificates of insurance showing conformance with the requirements herein for: 1
Comprehensive General Liability
Employer's Lia bi I ity I Automobile Liability
Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, anc
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insur:
Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurancc
Agency showing conformance with the requirements herein. I All certificates of insurance and statements of willingness to issue insurance for auto policie
to meet the specification of this contract must: (1) meet the conditions stated in The Noticl
Bids, the Standard Specifications for Public Works Construction and the Special Provision
project for each insurance company that the Contractor proposes, and (2) cover anv vehicll
the performance of the contract, used onsite or offsite, whether owned, non-owned or hi
whether scheduled or non-scheduled. The auto insurance certificate must state the cover:
"any auto" and cannot be limited in any manner. I
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I-WORLD INSURANCE AGENCY, INC
00 CAMPUS DRIVE, SUITE 670
762 POINSETTIA AVENUE
SAN MARCOS, CA 92069
T WITH RESPECT IS SUBJECT TO E
MERCIAL GENERAL LIABlLllY
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS SBA 353901
NCIN-OWNED AUTOS
RPO 114776
RE: 1998 N/W QUADRANT CURB RAMP INSTALLATION
CONTRACT NO. 3523-3
CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR.
CARLSBAD, CA 92008-1989
I
RANGER INSURANCE COMPANY
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ADDITIONAL INSURED ENDORSEMENT
This endorsement forms a part of the policy to which attached, effective on the inception date of the poliq
unless othenvise stated herein. (The following information is required only when this endorsement is
issued subsequent to preparation of policy).
0
Endorsement Effective Date
10/26/98
Policy Number
RPO 114776
Policv Effective Date
Named Insured:
BIGHORN CONSTRUCTION, INC.
762 Poinsettia Avenue 0410 1/98
San Marcos, CA 92069
Policy Expiration Date
Countersigned by
(Authorized Representative) i
It is agreed that:
The "Persons Insured" provision is amended to include as ADDITIONAL INSURED the person o
organization named below, but solely with respect to liability arising out of operations performed for sucl
ADDITIONAL INSURED(S) by or on behalf of the NAMED INSURED.
Name of Person or Organization (Additional Insured):
CITY OF CARLSBAD
1200 CART.,SBAD VILLAGE DRIVE
a
CARLSBAD, CA 92008-1989
It is hereby understood and agreed that policy to which this certificate refers may not be cancelec
materially changed, nor the amount of coverage thereof reduced until thirty (30) days after receipt (
written notice of cancellation ore reduction in coverage by the City Clerk of the City of Carlsbac
Coverage under this policy shall be primary and noncontributing with any other insurance available to tk
City of Carlsbad.
Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, condition
agreements or limitations of this policy other than as above stated. Nothing elsewhere in this policy sh;
be held to vary, alter, waive or limit the terms, conditions, agreements or limitations of this endorsement e
CCIA-01- CC7430 ED (1 1/93
L
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'This is 'to'certify that we'. have ,issued '3 .vaiid Worken' Cornpensatfan i'wut'ance policy -in a, form approv~d''by;the.C,difc
, ..
'. '.. Insurance Commissionerto the;empioy~r.:named be1oky.forth.s policyperiod indicated. 'I ' : ,_ , ' . ,. .... .. ... ....... ... .. ' 38 ... ~ ... ..... .. .. .. -
' ' '. This:polt& is riot subjeqto cancellati.on'.by tBy,fund .ex@ept .... up?wn days' ....... advance written notfce .. to the,ernpio&r. ''
,We &ill.al&o givg.yoy#N days' advance notice should thispoticy be cancelled prior to its normal 6xpi.ration.
.... .. '., . .'..' .. '. . ..... 30' ........... ..' . .. ..
'
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' ' ' described>he.re
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. , B~DOQSE~,EHT ,+gats. EHTXTL,E~ ;A.BDTTIOHA~, INS~~RE~':' ~~~~~~.,EFF~~TIvE~.:, ' . : ..
' .1.8~!29/'&: I$') ATTAC,f@D Ta. ,h?3 FcJRNS. 9 .,PART OF TH:XS PCILICJ':" ' 'I ." .... .... ... ... ... ... ..... ... ... .. .. .. ..
.. '""" 'HilNE 'bF :A&DI.TXDNAl-., INSURGD: CITY OF.:CABLSBWD: ' .. "' , ._ . . , . :. .. .. ..
'. EKI~R&~N'~ ' #2065' 'EM?:ITEEQ, ,CEIZTIFIICA?@:'HdiDEE~' '&KTICF EFFECTI'fE ' '. ' . ""' ' .: ., ..._ ._.. . ......... .... .... ...
': . i&r2Y~?# :'IS ATTA%HED '<ln.'-.AW .FQRBS 8"..'PAwT 0.k THIS. Ki&XCY -" :' ' "-' . : ':'-'
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BIDDER'S STATEMENT RE DEBARMENT I0 (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bi
another jurisdiction in the State of California?
2%- Yes no
2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the per
debarment(s)? Attach additional copies of this page to accommodate more than two debarr
party debarred party debarred
agency agency
period of debarment period of debarment
II BY CONTRACTOR:
0
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD I, (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State
Board which has jurisdiction to investigate complaints against contractors if a complaint reg
patent act or omission is filed within four years of the date of the alleged violation. A cc
regarding a latent act or omission pertaining to structural defects must be filed within 10 yea
date of the alleged violation. Any questions concerning a contractor may be referrec
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826
1. Have you ever had your contractor’s license suspended or revoked by the C
Contractors’ State license Board two or more times within an eight year period? /
/
Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever I
contractor’s license suspended or revoked by the California Contractors’ State license Boai
more times within an eight year period? S
I. Yes no
/
4. Has the suspension or revocation of the license of any subcontractor’s that you pr
perform any portion of the Work r been stayed? u /
Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case,
disciplined, the date of and violation that the disciplinary action pertain to, describe the nati
violation and the disciplinary action taken therefor.
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k 43 1/08/98 Contract No. 3523-3 Page 25 of72 I
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
il
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, i
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
the nature of the violation and the condition (if any) upon which the disciplinary action was ? il
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(Attach additional sheets if necessary)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
0
State of California 1 ) ss.
0 /l,X I 'I An/orfid K
s) ~/JsT&-LLcx~L.3 Zd c-. of l.23 iq [.\OTQ (-
-
County of SW%I~~ 9 )
, being first duly sworn, del
(Name of Bidder) c
(Title)
and says that he or she is ?re si APLL f
'7 - c I I (Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behal
undisclosed person, partnership, company, association, organization, or corporation; that t
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, c(
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sh:
from bidding; that the bidder has not in any manner, directly or indirectly, sought by ag
communication, or conference with anyone to fix the bid price of the bidder or any other bidc
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or t
any advantage against the public body awarding the contract of anyone interested in the F
contract; that all statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fe
corporation, partnership, company association, organization, bid depository, or to any mc
agent thereof to effectuate a collusive or sham bid.
I declare under penalty,of perjury that the foregoing i true and correct and th
@ 0
executed on the I IO day of +*d I- ' 193!fiS affic
Subscribed and sworn to before me on the /& $k-- day of
(NOTARY SEAL)
&--
! I II.
em I .a ts 1/08/98 Contract No. 3523-3 Page 27 of72F
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CONTRACT
PUBLIC WORKS
This agreement is made this 13th day of November , 19 98, between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and BIGHORN CONSTRUCTION COMPANY, INC.whose principal place of busines:
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762 POINSETTIA AVENUE, SAN MARCOS, CA 92069-6135 (he called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract do
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1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP tMPROVEMENT PROJECT
CONTRACT NO. 3523-3 1
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(he rei nafte r called " p roject") ,
2. Provisions of Labor and Materials. Contractor shall provide all labor, materia
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Noticc
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation I
OperatorILessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI Specifications, the Special Provisions, addendum(s) to said Plans and Specifications an(
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans and Specifications, and all bonds for the project; all of which are incorporated
this reference.
Contractor, herlhis subcontractors, and materials suppliers shall provide and install the
indicated, specified, and implied by the Contract Documents. Any items of work not ind
specified, but which are essential to the completion of the work, shall be provided at the Co
expense to fulfill the intent of said documents. In all instances through the life of the Cor
City will be the interpreter of the intent of the Contract Documents, and the City's decision I
said intent will be final and binding. Failure of the Contractor to apprise subcontral
materials suppliers of this condition of the Contract will not relieve responsibility of compliat
4. Payment. For all compensation for Contractor's performance of work under this Con
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as
the Southern California Chapter of the American Public Works Association, and as amenc
Special Provisions section of this contract. The Engineer will close the estimate of work (
for progress payments on the last working day of each month.
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5. Independent Investigation; Contractor has made an independent investigatior
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the pro
the work, and is aware of those conditions. The Contract price includes payment for all \I"
may be done by Contractor, whether anticipated or not, in order to overcome undc
conditions. Any information that may have been furnished to Contractor by City about undc
conditions or other job conditions is for Contractor's convenience only, and City does not
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, i
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac
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 hazardou
as defined in section 25117 of the Health and Safety Code, that is required to be rem0
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 frc
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as
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
or do involve hazardous waste, and cause a decrease or increase in contractor's costs (
time required for, performance of any part of the work shall issue a change order u
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions I
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's ci
time required for, performance of any part of the work, contractor shall not be excused
scheduled completion date provided for by the contract, but shall proceed with all wc
performed under the contract. Contractor shall retain any and all rights provided either by
or by law which pertain to the resolution of disputes and protests between the contracting p
7. Immigration Reform and Control Act. Contractor certifies it is aware of the reqi
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-7525) and has
and will comply with these requirements, including, but not limited to, verifying the eli!
employment of all agents, employees, subcontractors, and consultants that are includc
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Dep:
Industrial Relations has determined the general prevailing rate of per diem wages in ac
with California Labor Code, section 1773 and a copy of a schedule of said general prevai
rates is on file in the office of the City Engineer, and is incorporated by reference herein.
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor
copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defei
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, I
injury and liability of every kind, nature and description, directly or indirectly arising frc
connection with the performance of the Contract or work; or from any failure or alleged 1
Contractor to comply with any applicable law, rules or regulations including those relating 1
and health; and from any and all claims, loss, damages, injury and liability, howsoever tt
may be caused, resulting directly or indirectly from the nature of the work covered by the (
except for loss or damage caused by the sole or active negligence or willful misconduct of t
The expenses of defense include all costs and expenses including attorneys' fees for I
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awar
contract to Contractor, and Contractor will pay all costs, including defense costs for 1
Defense costs include the cost of separate counsel for City, if City requests separate counsc
IO. Insurance. Contractor shall procure and maintain for the duration of the contract ir
against claims for injuries to persons or damage to property which may arise from or in co
with the performance of the work hereunder by the Contractor, his or her agents, represe
employees or subcontractors. Said insurance shall meet the City's policy for insurance as
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimi indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single I
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a I
aggregate in the amounts specified shall be established for the risks for which the City or it5
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident fc
injury and property damage. In addition, the auto policy must cover any vehicle use
performance of the contract, used onsite or offsite, whether owned, non-owned or hi1
whether scheduled or non-scheduled. The auto insurance certificate must state the cover2
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensati
as required by the Labor Code of the State of California and Employers' Liability limits of $1
per incident. Workers' compensation offered by the State Compensation Insurance
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requirt
this agreement contain, or are endorsed to contain, the following provisions. General
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional in!
respects: liability arising out of activities performed by or on behalf of the Contractor; prod completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection afl
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for each I
affording general liability, employers' liability and auto liability coverage.
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b. The Contractor's insurance coverage shall be primary insurance as respects the
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and :
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage I
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each
against whom claim is made or suit is brought, except with respect to the limits of the ii
(C) "Claims Made" Policies. If the insurance is provided on a "claims made'' basis, c(
shall be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be et
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or red
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-
retention levels must be declared to and approved by the City. At the option of the City, eith
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respc
City, its officials and employees; or the contractor shall procure a bond guaranteeing pay1
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall
a waiver of all rights of subrogation the insurer may have or may acquire against the City 01
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its pol
shall furnish separate certificates and endorsements for each subcontractor. Covera!
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bush
insurance by the State of California Insurance Commissioner as admitted carriers as evidencc
listing in the official publication of the Department of Insurance of the State of California
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insuran
original endorsements affecting coverage required by this clause. The certificate
endorsements for each insurance policy are to be signed by a person authorized by that in:
bind coverage on its behalf. The certificates and endorsements are to be in forms approved
City and are to be received and approved by the City before the Contract is executed by the (
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in in the Contractor's bid.
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11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be res
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, A (commencing with section 20104) which are incorporated by reference. A copy of Artic
included in the Special Provisions I section. The contractor shall initially submit all clai
$375,000 to the City using the informal dispute resolution process described in Public (
Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the (
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the C
Government Code) for any claim or cause of action for money or damages prior to filing an)
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement an(
anticipation of litigation or in conjunction with litigation.
(6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code :
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly si
false claim to a public entity. These provisions include false claims made with deliberate ig!
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 thc
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 fats
may subject the Contractor to an administrative debarment proceeding wherein the Contraci
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3. 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referen
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarn
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcor
from participating in future contract bidding.
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I have read and understand all provisions of Section 11 above. 4- 0-
(Initial) 12. Maintenance of Records. Contractor shall maintain and make available at no cosi
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principb
of business as specified above, Contractor shall so inform the City by certified letter accomp
the return of this Contract. Contractor shall notify the City by certified mail of any change of a
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1 of such records.
I 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with !
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be sub:
for any monies withheld by the City to secure performance of this contract for any ob1
established by this contract. Any other security that is mutually agreed to by the Contractor a
City may be substituted for monies withheld to ensure performance under this Contract. e I
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15. Provisions Required by Law Deemed Inserted. Each and every provision of
clause required by law to be inserted in this Contract shall be deemed to be inserted het
included herein, and if, through mistake or otherwise, any such provision is not inserted, c
correctly inserted, then upon application of either party, the Contract shall forthwith be pt
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set fortt
"General Provisions" or "Special Provisions" attached hereto and made a part hereof. I
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~ Page 33 of72Page - b$ 1/08/98 Contract No. 3523-3
CALIFORNIA
CAPACITY CLAIMED I SAN DIEGO Though statute does not requir
fill in the data below, doing invaluable to persons relying on
NAME. TITLE OF OFFICER - E G.. "JANE DOE, NOTARY PUBLIC' III] CORPORATE OFFICI
persor1ally appeared ANDREW Fa OLWELL 5 HELEN MALONEY PRESIDENT
NAME(S) OF SIGNER(S) TITLE(S)
capacity(ies), and that by his/her/their
WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
couid prevent fraudulent reattachment of this form.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
B
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
t a ATTACHED
(CORPORk’i’E SEAL)
CONTRACTOR:
---
By: I (sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations.
one officer signs, the corporation must attach a resolution certified by the secretary or a:
secretary under the corporate seal empowering that officer to bind the corporation. f
8 ,APPROVED AS TO FORM:
IRONALD R. BALL
City Attorney I
I 13y: h!..ci- -k. id t-
-x-
I3eputy City Attorney I /%x- 1 -*
P
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# . *.
.II QW
~ 6$ 1/08/98 Contract No. 3523-3 Page 34 of 72 Pagi
e= -
762 hinsettia Ave. (3 San Marcos, CA 92069 FAX (7
CorDorate Resolution
Be it resolved that Andrew F. Olwell as President and C.F 0. of Bighorn Construction
Co. Inc. has the power and authority to conduct business and sign documents for said
Corporation
Sincerely,
0-
0
BOND NO. 156 56
pRE?#JQ$ $iCl.r,rrJFt? if: ??w,?
LABOR AND MATERIALS BOND .-
WHEREAS, the City Council of the City of Carlsbad, State of California, by Res
NO. 98-342 , adopted OCTOBER 20, 1998 , has awarc
(hereinafter designated as the "Principal"). a Contract for: BIGHORN CONSTRUCTION, INC.
1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-3
in the City of Carlsbad. in strict conformity with the drawings and specificabons, and other c( Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of whi incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terns t require the furnishing Of a bond, providing that if Principal or any of their subcontractors shall
pay for any materials, provisions, provender or other supplies or teams used in, upon or abc
performance of the work agreed to be done, or for any work or tabor done thereon of any kin Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, BIGHORN CONSTRUCTION, INC. , as Prir (hereinafter designated as the "Contractor"). and INSURANCE COMPANY OF THE WEST
as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED it.
DC ($ 139.957.50 >, said sum being fifty percent (50%) of the estimated amount payal the City of Caslsbad under the terms of the Contract, for which payment well and tmiy to be we bind ourselves. our heirs, executors and administrators, successors, or assigns, jointi) severally, firmly by these presents.
THE CONDITION OF THlS OBLiGATION IS SUCH that if the person or his/her subcontract0 to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or abol performance of the work contracted to be done, or for any other work or labor thereon of any or for amounts due under the Unemployment lnsurance Code With respect to such work or lab for any amounts required to be deducted, withheld, and paid over to the Employment Develop Department from the wages of employees of the contractor and subcontractors pursuant to sf 13020 of the Unemployment lnsurance Code with respect to such work and labor that the Sure! pay for the same. not to exceed the sum specified In the bond, and. also, in case suit IS brc upon the bond, costs and reasonable expenses and fees. including reasonable attorney's fef
be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitl
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 308;
Surety stipulates and agrees that no change, extension of time. alteration or addition to the ten
the Contract, or to the work to be performed thereunder or the speafications accompanyinc
same shafl affect its obligations on this bond, and it does hereby waive notice of any chi extension of time, alterations or addition to the terms of the contract or to the work or tc
specifications.
NINE THOUSAND NINE HUNDRED FIFTY SEVEN AND 50/l OO-------------- a*
rrr a
a k? 1/08/98 Contract Nn 3573-8 Pone 3G nf 73 Pernee
CALlFOIRIN1A ALL-PURPOSE ACKNOWLEDGMENT
m OPTIONAL SE
CAPACITY CLAIMED
Though statute does not reqi
fill in the data below, doin
invaluable to persons relying (
B CORPORATE OFFIC
CALIFORNIA
County of SAN DIEGO
JOHN G. MALONEY, NOTARY PUBLIC
NAME TITLE OF OFFICER E G "JAhE DOE NOTARY PUBLIC
11/9/98 before me,
personally appeared ANDREW F. OLWELL PRESIDENT/SE
NAME(S) OF SIGNER(S) TITLE(S) a personally known to me - OR - 0 proved to me or: the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
t+e same in his/her/their authorized
capacit) 'ies), and that by his/her/their
s\gnature(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.
PARTNER(S) L'
ATToRNEY-lN-fAC1
TRUSTEE(S)
0 GUARDIAN/CONSEF
to be ths person(s) whose name(s) idare ClG
SIGNER IS REPRESlt
NAME OF PERSON(S) OR ENTI?
OPTIONAL SECTION
TO TITLE OR TYPE OF DOCUMENT *_ -
NUMBER OF PAGES DATE OF DOCUMENT -
In the event that Contractor is an individual, it is agreed that the death of any such Contract(
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 9TH Executed by SURETY this 9m
dayof NOVEMBER ,1998 ~
CONTRACTOR: SURETY.
a-
of NOVEMBER I19
BIGHORN CONSTRUCTION, INC. INSURANCE COMPANY OF THE WEST
(name of Surety)
(address of Surety)
(telephone number of Surety)
P. 0. BOX 85563
SAN DIEGO, CA 92186-5563
ANDREW F. OLWELL 619/350-2909
(print name here)
PRESIDENT/SECRETARY _.) BY: IJ&I& v (title and organization of signatory)
(signature of Attornby-in-Fact)
(printed name of Attorney-in-Facq
(attach corporate resolution showing cur power of attorney)
By:” .. . . (sign here) HELEN MALONEY, ATTORNEY-IN-FACT
(print name here)
(title and organization of signatory)
.c
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.-
(President or vice-president and secretary or assistant secretary must sign for corporatrons. If
one officer signs, the corporation must attach a resolution certified by the secretary or assi
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
c
* secfetafy under corporate seal empowering that officer to bind the corporation.)
By: LCL<- :\L y-,
JJegwty City Attorney &st-
ar
w kS 11n8r98 Ctmtrart Nn ZG71-1 0e-a ?C: -6 79 b-n-nc
Insurance Company of the West
HOME OFFICE: SAN OIEGO. CALiFORNlA
POWER OF ATTORNEY
KNOW ALL MEN By THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California CorDoration, does here
a
HELEN MALONEY
its true and lawful Attorney(s)-in-faCt, with full power and authority. to execute. on behalf of the Comoany, fidelitv and surety oonc
and other contracts of suretyship of a similar nature.
This Power of Attorney IS granted and is signed and sealed by facsimile under the authority of the following Resotiition adootc
of Directors on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which tP
true copy:
"RESOLVED. that the Chairman of the Board. the President. an Executive Vice President or a Senior Vice President o
and each of them, is hereby authorized to eX~CUte Powers Of Attorney qualifying the attorney named in the given Power of Attc
on bshalt oi ;he Coinpany, fidelity and surety bonds, undertakings. or ?:her cont:acts 3f suetysnip c! a s;si!a: Ilatur2; ar.d <<
the seal of the ComDany; provided however. that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any
sifjnatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney. may be affixe
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly autho
this 2 8 th day of March 1995. 0 2 ,+arraa4rfo t
4.,, , \*+
C41t~m~
INSURANCE COMPANY OF THE WEST
,/-'! y-
/' i / ,/$" /// L&-$f ' ! l. .L*ya...
xhn L. Hannum: Senior Vice President //" z :"--
STATE OF CALIFORNIA ss:
COUNTY OF SAN DlEGO
e
(L/ March 28th, 1995 On this before me personally appeared John L. Hannurn. Senior Vice President c
COMPANY OF THE WEST. petsonaiiy known to me to be the individual and officer who executed the within instrument. and
to me that he executed the same in his Official Capacity and that by his signature on the instrument the corporation on beha
acted, executed the instrument.
WITNESS my hand and official seal.
COMM. NOGWA fltj264.3 PORTE?? >2Ak%& .' I ;-;b
Notary Public Notaw P~%c-c cli [omia (
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST. uo hereby certify that the original POWER 0
of which the foregoing is a true Copy. is Still in full force and effect, and that this certificate may be signed by facsimile unde
ot the above quoted resolution.
IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this 9TH day of
NOVEIBEX 1998 . 0 INSURANCE COMPANY OF THE WEST 7jg$&&~-.~ 3 +afi*o*+a 2
%n,.~~
a
C4timn~+ E. Harned Davis. Vice President
ICW 37
- -x Soctract Term BOND NO. 156 5r
ci To Adjustment PREMIUM: $5,191
,a Fma! Contract Price
FAITHFUL PERFORMANCEMARMNW 8OND e ..
WHEREAS, the City Counal of the City of Carisbad, State of California, by Res
I has awar NO. 98-342 , adopted OCTOBER 20, 1998
, (here1 designated as the "Principal"), a Contract for:
BIGHORN CONSTRUCTION, INC.
1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP fMPROVEMENT PROJECT CONTRACT NO. 35233
in the City of Carlsbad, in stnct conformity with the contract, the drawings and specification other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Said Contract and the terms ti require the furnishing of a bond for the faithfui performance and warranty of said Contract;
NOW, THEREFORE, WE, BIGHORN CONSTRUCTION, INC. , as Prin (hereinafter designated as the "Contractor"), and JNSURANCE COWANY OF THE WEST
as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of TWO HUNDREC
O( FIFTEEN AND OO/OO----------
($ 279,915.00 ), said sum being equal to one hundred percent (?OO%) of the estir amount of the Contract to be paid to City or its certain attorney, its successors and assigr
which payment, well and truly to be made, we bind ourselves, our heirs. executor3 administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDlTlON OF THIS OBLIGATION IS SUCH that if the above bounden Contractor,
heirs, executors, administrators. successors or assigns, shall in all things stand to and abide by well and truly keep and perform the covenants, conditions, and agreements in the Contract an1 alteration thereof made as therein provided on their part, to be kept and performed at the trmc in the manner therein specified, and in all respects according to their true intent and rneanrng shall indemnify and save harmless the City of Carlsbad, its officers, employees and agent therein stipulated, then this obligation shall become null and void; otherwise it shall remain i force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified the
there shall be included costs and reasonable expenses and fees, including reasonable attor fees, incurred by the City in successfully enforcing such obligation, all to be taxed as cost:
included in any judgment rendered.
Surety stipulates and agrees that no change. exterrsiorr of time, alteration or addition to the terr the Contract, or to the work to be performed thereunder or the specificatlons accompanyin!
same shall affect its obligations on this bond, and it does hereby waive notice of any chi extension of time. alterations or addition to the terms of the contract or to the worrC or tc
specifications.
SEVENTY NINE THQUSAND NINE HUNDRED
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P. a-
t3 1/08/98 Contract No. 3523-3 Paoe 177 nf 77 Panes
CALlFOlRNlA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SE[
CAPACITY CLAIMED
Though statute does not requ
fill in the data below, doing invaluable to persons relymg o
m CORPORATE OFFIC
CALIFORNIA
JOHN G. MALONEY, NOTARY PUBLIC
NAME TITLE OF OFFICER E G "JAhE DOE NOTARY PUBLIC
personally appeared ANDREW F. OLWELL, HELEN MALONEY PRESIDENT/SE
Gt
NAME(S) OF SIGNERIS) TITLE(S) D personally known to me - OR - c] proved to me OR the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that heishelthey executed
t+e same in his/her/their authorized
capacitb'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
PARTNER(S) c] LI'
a ArfoRNEY-IN-FACT
TRUSTEE(S)
c] G~~RD~~~/co~sE~
to be the person(s) whose name(s) idare
SIGNER IS REPRESE
NAME OF PERSON@) OR ENTIT'
OPTIONAL SECTION
PE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
In the event that Contractor is an individual, it is agreed that the death of any such Contract01
not exonerate the Surety from its obiigations under this bond.
Executed by CONTRACTOR this 9TH .' Executed by SURED this 9TH da
dayof NCNEMBER ,1998 ._1 , NOVEMBER I19E.
CONTRACTOR: SURETY:
BIGHORN CONSTRUCTION, INC. INSURANCE COMPANY OF THE WEST (name of Contractor) (name of Surety)
P. 0. BOX 85563
By: SAN DIEGO, CA 92186-5563 (address of Surety)
(telephone number of Surety) ANDREW F. OLWELL 619/350-2909 (print name here)
PRESIDENT/SECRETARY By: 1 UeQL. hJ-kJvy
(Title and Organization of Signatory) (signature of Attomehm-Fact)
HELEN MALONEY, ATTORNEY-IN-FACT
(printed name of Attorney-In-Fad) (sign here)
(print name here)
(Title and Organization of signatory)
(Attach corporate resolution showing cu
power of attorney.)
e - By:
s
* (Proper notarial acknowledge of execution by CONTRACTOR and SUREV must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If one officer signs, the corporation must attach a resolution certified by the secretary or asis
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
14 6
*r -a
a $# 1/08/98 Pnntrart Nn 1ZJ7-2 01no 2Q -8 71 0-r-r
Insurance Company of the West
HOME OFFICE: SAN OIEGO. CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN By THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Calffornia Corooration. does here
e
HELEN MALONEY
its true and lawful Attorney(s)-in-Fact. with full power and authority. 10 execute, on behalf of the Comoany, fidelity and surety bond
and other Contracts of suretyship of a similar nature.
This Power of Attorney 1s granted and is signed and sealed by facsimile under the authority of the following Resoliltion adoots
of 0irec:tors on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which th
true copy:
“RESOLVED. that the Chairman of the Board. the President, an Executive Vice President or a Senior Vice President o
and each of (nem, is hereby authorized to execute Powers Of Attorney qualifYing the attorney named in the given Power of Atto.
on bshalt of ;he Coinpanye fidelity and surety bonds. undertakings. or other centracts of suretyship o! a smila; iiztura: ar.2 !c
the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company. and the signatures of any
signatures and seal of any notary. and the signatures of any officers certifying the validity of the Power of Attorney, may be affixe
IN WITNESS WHEREOF, iNSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly autho
th$s 2 8 th day of March 1995. 0 $ ,*Go~’Q~A7co *
448CH , , !*fl
lNSURANCE COMPANY OF THE WEST
,f’! /- .’ ’ i /;,I.’ /:/# I i f ,
C4160011’~ /*-.,-
fi STATE OF CALIFORNIA ss: x‘ J.j .&*-/ _. -- /A
e
ixhn L. Hannum: Senior Vice President z COUNTY OF SAN DIEGO
0 March 28th, 1995
On this berore me personally appeared John L. Hannurn. Senior Vice President c
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed tne within instrument. and
io me that he executed the same in his official capacity and that by his signature on the instrument the corporation on beha
acted, executed the instrument.
WITNESS my hand and ofticial seal.
COMM. NWA #95264.4 PORTER j2jfl I /,J -1 i r/!) ; ??z 1
Notary Public tory Rkdic-Cclifo~a
CERTl FICATE:
I, E. Harned Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER 01
of which the foregoing is a true copy, is still in full farce and effect. and that this certificate may be signed by facsimile unde
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 9TH day of
NOVEMBER ‘’ 98. 0 IFO OW\^
INSURANCE COMPANY OF THE WEST F.&&&!gyL;) $ ,,~0~*0*4rc0 2
%i,,~~
e
E. Harned Davis. Vice President
ICW 37
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008
REP RES E NTATI ON AN D C E RTI F I CAT1 0 N
The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
Are you currently certified CALTRANS? YES
Certlfication #:
CERTIFICATION OF BUSINESS REP RES E NTATlO N 6):
9 NO ~ m
1
This firm is-, i This firm is-, i a minority busines: a woman-owned b
: A woman-ow
owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE:
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DEFINITIONS:
M IN 0 R ITY BUS IN E S S E N T E R P R I S E : " M i no ri t y Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly
owned businesses, at least 51 percent of which IS owned, operated and controlled by minority group members . The Small Business Administration c o NSTRUCTION CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, CLASSIFICATION(S): c- 8 i3 Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LICENSE NUMBER: s97 8G;e Americans (Le., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS I.D. NO. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTl FlC AT10 N : The information furnished is certified to be factual and correct as of the date submitted.
COMPANYN ME PRINTED NAME'
! 0
-3 3 i.1 A a &< (?oh; h%rfiG$ 'B w .L~~C "
/-fqwto:>. &# c)aod;.9
AI..nrei~ E Cj/LL;e I I
70 a $oi dse~, I 4 lke-
CITY, STATE AND ZIP '
TELEPHONE NUMBER 760- 727- 223'1
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I OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbac
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C I whose ad(
hereinaft
"Contractor" and whose ad(
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called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as f
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Ci
the contractor has the option to deposit securities with the Escrow Agent as a subst
retention earnings required to be withheld by the City pursuant to the Construction Contract
into between the City and Contractor for the 1997 Pavement Overlay and Concrete Repairs
Contract No. 3257-0, in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written request of the contra1
City shall make payments of the retention earnings directly to the escrow agent. W
Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agc
notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance .
negligent acts and omissions of the escrow agent in connection with the handling of re
under these sections in an amount not less than $100,000 per contract. The market vatu1
securities at the time of the substitution shall be a least equal to the cash amount then req
be withheld as retention under the terms of the contract between the City and Cont
Securities shall be held in the name of the , ai designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwis
be withheld from progress payments pursuant to the Contract provisions, provided that the
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the
agent shall hold them for the benefit of the contractor until such time as the escrow create
this contract is terminated. The contractor may direct the investment of the payme
securities. All terms and conditions of this agreement and the rights and responsibilitie:
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
Agent in administering the Escrow Account and all expenses of the City. These expens
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
interest earned on that interest shall be for the sole account of Contractor and shall be su
withdrawal by Contractor at any time and from time to time without notice to the City.
dated
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contra(
7. The City shall have a right to draw upon the securities in the event of default by the Coi Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrc shall immediately convert the securities to cash and shall distribute the cash as instructe
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c and that the Contractor has complied with all requirements and procedures applicablt
Contract, the Escrow Agent shall release to Contractor all securities and interest on dep
escrow fees and charges of the Escrow Account. The escrow shall be closed immediatt
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 c( pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor s
Escrow Agent harmless from Escrow Agent's release, conversion and disbursemeni
securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receivt
notice on behalf of the City and on behalf of Contractor in connection with the forego,
exemplars of their respective signatures are as follows:
For City: Title
0
Name I. Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title 1 Name
Signa tu re
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrov
a fully executed counterpart of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office1
date first set forth above. 0 8 For City: Title
Name
Sign at u re I Add ress
For Contractor: Title
Name 1 Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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Page 42 of72Pac I r.4 1/08/98 Contract No. 3523-3
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SPECIAL PROVISIONS FOR
1998 NORTHWEST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-3
SUPPLEMENTAL PROVISIONS TO
II PART I, GENERAL PROVISIONS
I.
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCl
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB1
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sch
or words of similar import are used, it shall be understood that reference is made to tt
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar im
used, it shall be understood that the direction, designation or selection of the Engineer is in
unless stated otherwise. The word "required" and words of similar import shall be under:
mean "as required to properly complete the work as required and as approved by the En
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", ar
words of similar import are used, it shall be understood such words are followed by the exp
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ap,
"acceptance", or words of similar import are used, it shall be understood that the ai
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor
expense, shall perform all operations, labor, tools and equipment, and further, inciud
furnishing and installing of materials that are indicated, specified or required to mean tf
Contractor, at its expense, shall furnish and install the work, complete in place and ready
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, SI
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
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Dispute Board - persons designated by the City Manager to hear and advise the City Mar
claims submitted by the Contractor. The City Manager is the last appeal level for informal
Engineer - the City Engineer of the City of Carlsbad or hislher approved representative. -.
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than IO percent (10%) of the
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ar
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, St:
Federal income taxes paid and administered, as applicable, by the Contractor. When ,
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or
and uses to accomplish the Work. Equipment that is owner operated or leased equipment
operator is not part of the Contractor’s Own Organization and will not be included for the pur
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator p
who is employed by neither the Contractor nor a subcontractor and is neither an agent or en
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of apF
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract admink
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of app
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
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2-3.1 General. add the following: Should the Contractor fail to adhere to the provisions re1
the Contractor to complete 50 percent of the contract price with its own organization, the P
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 perc
the value of the work performed in excess of 50 percent of the contract price by other th
Contractor’s own organization. The City Council shall be the sole body for determinatior
violation of these provisions. In any proceedings under this section, the prime contractor st
entitled to a public hearing before the City Council and shall be notified ten (IO) days in adva
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS. modify as follows: Delete the third sentence of the first pan
having to do with a surety being listed in the latest revision of US. Department of Treasury C
570.
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Modify Paragraphs three and four to read: The Contractor shall provide i performance/warranty bond and payment bond (labor and materials bond) for this contr:
faithful performance/warranty bond shall be in the amount of 100 percent of the contract I
the payment bond shall be in the amount of 50 percent of the contract price. Both bo1 extend in full force and effect and be retained by the Agency during this project until
released according to the provisions of this section.
The faithful performancelwarranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the (
warranty period and until all warranty repairs are completed to the satisfaction of the Engine
The payment bond shall be released six months plus 30 days after recordation of the P
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admi
authorized to transact the business of insurance in California and whose assets exce
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
2) A certified copy of the certificate of authority of the insurer issued by the in
If the bid is accepted, the Agency may require a financial statement of the assets and liat
the insurer at the end of the quarter calendar year prior to 30 days next preceding the dat
execution of the bond. The financial statement shall be made by an officer's certificate as dt
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemt
be verified by the oath of the principal officer or manager residing within the United States.
1: following documents:
other instrument entitling or authorizing the person who executed the bond to do so,
commissioner.
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i 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. add the following: The specifications for the work include the S
Specifications for Public Works Construction, (SSPWC), 1997 Edition and the 1998 sup1
thereto, hereinafter designated "SSPWC'', as issued by the Southern California Chapter
American Public Works Association, and as amended by the Special Provisions section
con tract.
The construction plans consist of Sheets 1 to 15 and are attached hereto. The standard dl
used for this project are the latest edition of the San Diego Area Regional Standard Dri
hereinafter designated SDRS, as issued by the San Diego County Department of Public
together with the City of Carlsbad Supplemental Standard Drawings.
2-5.3.3 Submittals. add the following: When submitted for the Engineer's review
Drawings shall bear the Contractor's certification that he has reviewed, checked, and appro
Shop Drawings and that they are in conformance with the requirements of the Contract Docu
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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 F
to be incorporated into this Project, is in compliance with the Contract Documents, can be
in the allocated spaces, and is submitted for approval.
By: Title:
Date: II Company Name:
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Add the following:
2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete ‘I,
record set of blue-line prints, which shall be corrected in red daily and show every change 1
original drawings and specifications and the exact “as-built“ locations, sizes and kinds of eqi
underground piping, valves, and all other work not visible at surface grade. Prints for this 1
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
used only as a record set and shall be delivered to the Engineer upon completion of the
Payment for performing the work required by section 2-5.4 shall be included in various bid ite
no additional payment will be made therefor.
Add the following:
2-6 Work to be Done. The work to be done consists of removal of A.C., curb,
crosswalk and sidewalk, installation of concrete pedestrian curb ramps, road surface patchit
leveling. Contractor shall be responsible for restoring landscaping and irrigation to pre-const
condition. The Contractor shall furnish all materials required by this contract and provii
necessary labor and equipment to complete the operations specified herein.
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2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records. The Contractor shall provide copies of all records
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may requ
Add the following section:
2-10.2 Audit And Inspection. Contractor agrees to maintain and/or make available,
Engineer, within San Diego County, accurate books and accounting records relative to
activities. The Engineer shall have the right to monitor, assess, and evaluate Contr
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to il
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intc
of Contractor’s staff. At any time during normal business hours and as often as the Engine
deem necessary, upon reasonable advance notice, Contractor shall make available to the EL
for examination, all of its records with respect to all matters covered by this Contract and will
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and re
and to make audits of all invoices, materials, payrolls, records of personnel, and other data r
to all matters covered by this Contract. However, any such activities shall be carried oi
manner so as to not unreasonably interfere with Contractor’s ongoing business oper
Contractor shall maintain such data and records for as Bong as may be required by applicabl
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SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices. add the following: In the case of an increase or decre
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that F
the change, which together will all previous changes to that item is not in excess of 25 percc
total cost of such item based on the original quantity and Contract Unit Price. Adjust]
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3
Work.
3-3.2.2 ( c ) Tool and Equipment Rental. Regal
ownership, the rates and right-of-way delay factors to be used in determining rental and del
shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAL
current at the time of the actual use of the tool or equipment. The right-of-way delay factoc
shall be used as multipliers of the rental rates for determining the value of costs for del;
Contractor and subcontractors, if any. The labor rates published therein are not a par
contract.
3-3.2.3 Markup.
and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's cc
shall constitute the markup for all overhead and profits:
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second paragraph, modify as follows:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the 1
Labor ................................... 20
Materials ............................. 15
Equipment Rental 15
Other items and Expenditures .. 15
1) 2)
4)
...................
To the sum of the costs and markups provided for in this section, 1 percent shall be ac
compensation for bonding.
(b) When all or any part of the extra work is performe
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portior
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcor
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. add the following after the second sentence: Payrr
extra work will not be made until such time that the Contractor submits completed daily rep0
all supporting documents to the Engineer.
34 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete par
five (5), and add the following: The Contractor shall not be entitled to the payment of any ad
compensation for any act, or failure to act, by the Engineer, including failure or refusal to i!
change order, or for the happening of any event, thing, occurrence, or other cause, unless h
have first given the Engineer due written notice of potential claim as hereinafter spt Compliance with this section shall not be required as a prerequisite to notice provisions in 5
6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measuren
errors of computation as to contract quantities. The written notice of potential claim for ct
Work by Subcontractor.
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conditions shall be submitted by the Contractor to the Engineer upon their discovery and pr
time that the Contractor performs the work giving rise to the potential claim. The contractor to give written notice of potential claim for changed conditions to the agency upon their a
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 descriptior
particular circumstances giving rise to the potential claim, the reasons for which the Cc
believes additional compensation may be due and nature of any and all costs involved v
working days of the date of service of the written notice of potential claim for changed cor
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Cla
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C
False Claims Act, Government Code sections 12650-12655. The undersigned further undc
and agrees that this potential claim, unless resolved, must be restated as a claim in respons
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Co
shall submit substantiation of its actual costs to the Engineer within 20 working days a
affected work is completed. Failure to do so shall be sufficient cause for denial of an
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 v
the contract be brought to the attention of the Engineer at the earliest possible time in orc
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 ni
potential claim prior to commencing any disputed work. Failure to give said notice shall cons
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with (
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the cor
shall attempt to resolve all disputes informally through the following dispute resolution ct
command:
1. Project Inspector 2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion
disputed work stating its position on the claim, the contractual basis for the claim, along \n
documentation supporting the costs and all other evidentiary materials. At each level of cli
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of
review the Contractor’s report and respond with a position, request additional information or rc
that the Contractor meet and present its report. When additional information or a meei
requested the City will provide its position within 10 working days of receipt of said adc
information or Contractor’s presentation of its report. The Contractor may appeal each
position up to the City Manager after which he may proceed under the provisions of the I
Contract Code.
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The authority within the dispute resolution chain of command is limited to recommc
resolution to a claim to the City Manager. Actual approval of the claim is subject to the char
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commen
Section 201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTlON CLAIMS
20104 (a)(l) This article applies to all public works claims of three hundred seventy-five tl
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 contract(
public agency when the public agency has elected to resolve any disputes pursuant to At
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code
that "public work" does not include any work or improvement contracted for by the stat,
Regents of the University of California,
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pay
money or damages arising from work done by, or on behalf of, the contractor pursuan
contract for a public work and payment of which is not otherwise expressly provided fo
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by 1
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specil
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate thc
Claims must be filed on or before the date of final payment. Nothing in this subdivision is inte
extend the time limit or supersede notice requirements otherwise provided by contract for tt
of claims.
(b)(l) For claims of less than fifly thousand dollars ($50,000), the local agency shall res1
writing to any written claim within 45 days of receipt of the claim, or may request, in writing
30 days of receipt of the claim, any additional documentation supporting the claim or rel:
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 pursuan
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be subm
the claimant within 15 days after receipt of the further documentation or within a period oft
greater than that taken by the claimant in producing the additional information, whichever is gi
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three h
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of re(
the claim, any additional documentation supporting the claim or relating to defenses to the cla
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
subdivision, upon mutual agreement of the local agency and the claimant.
the claimant within 30 days after receipt of the further documentation, or within a period of ti
greater than that taken by the claimant in producing the additional information or reqi
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(d) If the claimant disputes the local agency's written response, or the local agency fails to
within the time prescribed, the claimant may so notify the local agency, in writing, either
days of receipt of the local agency's response or within 15 days of the local agency's
respond within the time prescribed, respectively, and demand an informal conference to P
confer for settlement of the issues in dispute. Upon a demand, the local agency shall scl
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 disi
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C
purposes of those provisions, the running of the period of time within which a claim musi
shall be tolled from the time the claimant submits his or her written claim pursuant to subdi\
until the time that claim is denied as a result of the meet and confer process, including any i
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor
construed to change the time periods for filing tort claims or actions specified by Ct
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
3.6 of Title 1 of the Government Code.
20104.4 The following procedures are established for all civil actions filed to resolve claim:
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, tl
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both
The mediation process shall provide for the selection within 15 days by both partic
disinterested third person as mediator, shall be commenced within 30 days of the submit
shall be concluded within 15 days from the commencement of the mediation unless
requirement is extended upon a good cause showing to the court or by stipulation of both pq
the parties fail to select a mediator within the 15-day period, any party may petition the
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur:
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Pro
notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of 1986 (A
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil pro
shall apply to any proceeding brought under the subdivision consistent with the rules perta
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators apl
for purposes of this article shall be experienced in construction law, and, upon stipulation
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pa!
exceed their customary rate, and such fees and expenses shall be paid equally by the 1
except in the case of arbitration where the arbitrator, for good cause, determines a different d
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the C
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo bi
not obtain a more favorable judgment shall, in addition to payment of costs and fees und
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 medis
arbitration process.
20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is undi
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal I
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is fik
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I 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 a
access to any and all parts of work at any time. Contractor shall furnish Engineer wil
information as may be necessary to keep the Engineer fully informed regarding progrc
manner of work and character of materials. Inspection or testing of the whole or any portioi
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials. add the following: Except as specified in these Special Provisi
Agency will bear the cost of testing materials and/or workmanship where the results of su
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approve(
before the delivery is started. All materials proposed for use may be inspected or tested at i
during their preparation and use. If, after incorporating such materials into the Work, it is fo.
sources of supply that have been approved do not furnish a uniform product, or if the prod1
any source proves unacceptable at any time, the Contractor shall furnish approved mater
other approved sources. If any product proves unacceptable after improper storage, handlin
any other reason it shall be rejected, not incorporated into the work and shall be removed f
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or excl
requirements of the specifications shall be borne by the Agency. Said tests may be made
place along the work as deemed necessary by the Engineer. The costs of any retest5
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 f
satisfactory performance of substituted items. If, in the sole opinion of the Enginee
substitution is determined to be unsatisfactory in performance, durability, compatibilit
associated items, availability of repair parts and suitability of application the Contractoi
remove the substituted item and replace it with the originally specified item at no cost
Agency.
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SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a
of known records, endeavored to locate and indicate on the Plans, all utilities which exist wit
limits of the work.. However, the accuracy and/or completeness of the nature, size and/or loci
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor cau
the failure of other parties to relocate utilities that interfere with the construction, the Coni
upon request to the Engineer, may be permitted to temporarily omit the portion of work affec
the utility. Such omission shall be for the Contractor’s convenience and no additional comper
will be allowed therefor. The portion thus omitted shall be constructed by the Con
immediately following the relocation of the utility involved unless otherwise directed by the En5
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SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engi
set the time and location for the Preconstruction Meeting. Attendance of the Cor
management personnel responsible for the management, administration, and executior
project is mandatory for the meeting to be convened. Failure of the Contractor to h
Contractor’s responsible project personnel attend the Preconstruction Meeting will be gro
default by Contractor per section 6-4. No separate payment will be made for the Cor
attendance at the meeting. The notice to proceed will only be issued on or after the comF
the preconstruction meeting.
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s prei
revision and maintenance of the Construction Schedule are incidental to the work and no s
payment will be made therefor.
6-2 PROSECUTION OF WORK. Add the following after the first sentence: The Contraci
prosecute work so that a maximum of seven (7) calendar days elapse between the ren
existing improvements and completion of new construction.
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I 6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writte
to the Engineer within two hours of the beginning of any period that the Contractor has plac
workers or equipment on standby for any reason that the Contractor has determined to be cai
the Agency or by any organization that the Agency may otherwise be obligated by. The Co
shall provide continuing daily written notice to the Engineer, each working day, through
duration of such period of delay. The initial and continuing written notices shall incli
classification of each workman and supervisor and the make and model of each piece of eqt
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the c
the delay and a cogent explanation of why the Contractor could not avoid the delay by rea!
means. Should the Contractor fail to provide the notice(s) required by this section the COI
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecu
work to completion within sixty-five (65) working days after the starting date specified in the ’
6-7.2 Working Day. Unless otherwise approved in writing by the En
the hours of work shall be between the hours of 7:OO a.m. and 500 p.m. on Mondays t
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Ei
if the Contractor desires to work outside said hours or at any time during weekends and/or ho
This written permission must be obtained at least 48 hours prior to such work The Engine
approve work outside the hours and/or days stated herein when, in hidher sole opinion, suc
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractc
pay the inspection costs of such work.
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Add the following:
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The Contractor shall incorporate the dates, areas and types of work prohibited in this sect
Construction Schedule required by section 6.1. No additional payment, adjustment of bid
adjustment of contract time of completion will be allowed as a consequence of the prot
work being performed within the dates, areas and/or types of work prohibited in this section
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted
(1) year after recordation of a "Notice of Completion" and any faulty work or materials dis
during the warranty period shall be repaired or replaced by the Contractor, at its expense.
five percent of the faithful performance bond shall be retained as a warranty bond for the c
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first I
of the second paragraph and add the following: For each consecutive calendar day in E
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrac
pay the Agency, or have withheld monies due it, the sum of five hundred ($500.00) dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor
hundred ($500) dollars per day is the minimum value of costs and actual damages cause
Contractor to complete the Work within the allotted time. Any progress payments made
specified completion date shall not constitute a waiver of this paragraph or of any damages.
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insui
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc
conduct business in the state of California and are listed in the official publication of the Der
of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance
placed with insurers that are admitted and authorized to conduct business in the state of C
and are listed in the official publication of the Department of Insurance of the State of Ca,
Policies issued by the State Compensation Fund meet the requirement for workers' compe
insurance .
7-5 PERMITS. Except as specified herein the age
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building
necessary to perform work for this contract on Agency property, in streets, highways (exce
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
permits incidental to the work are obtained. The Contractor shall obtain and pay for all per
the disposal of all materials removed from the project. The cost of said permit(s) shall be ii
in the price bid for the appropriate bid item and no additional compensation will be allowed thl
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Modify the first sentence to read:
I 7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility con
during the relocation or construction of their lines. The Contractor may be granted a time ex
if, in the opinion of the Engineer, a delay is caused by the utility company. No ac
compensation will be made to the Contractor for any such delay. I.
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7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requirt
shall also be executed on weekends and other non-working days when needed to pre:
health safety or welfare of the public. The Contractor shall conduct effective cleanup
control throughout the duration of the Contract. The Engineer may require increased
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the heal
and welfare of the public. Cleanup and dust control shall be considered incidental to the
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall
construction meter for water used for the construction, plant establishment, maintenance,
testing and all other work requiring water related to this contract. The Contractor shall cc
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup
meter and any, and all, other charges, deposits andlor fees therefor.
considered incidental to the items of work that they are associated with and no additional
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be
with mufflers in good repair when in use on the project with special attention to the C
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls s
accordance with the plans, Chapter 5 of the California Department of Transportation "R
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traff
system is displaced, or ceases to operate or function as specified, from any cause, d
progress of the work, the Contractor shall immediately repair said component to its original
or replace said component and shall restore the component to its original location. In the E
the Contractor fails to install and/or maintain barricades or such other traffic signs, r
delineation or devices as may be required herein, the Engineer may, at hislher sole optic
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
per day per traffic sign or device, or the actual cost of providing such traffic contrc
whichever is the greater.
Add the following section:
7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices in
placed to provide traffic control, direction and/or warning shall be furnished, installed, m
and removed by the Contractor when no longer required. Care shall be used in PI
excavation for signs in order to protect underground facilities. Warning and advisory I
remain in place overnight shall be stationary mounted signs. Stationary signs that wart
existant conditions shall be removed from the travelled way or shielded from the vie
travelling public during such periods that their message does not pertain to existing condi
excavation required to install stationary construction area signs shall be performed
methods without the use of power equipment. Warning and advisory signs that are used 01
working hours may be portable signs. Portable signs shall be removed from the travelled
shielded from the view of the travelling public during non-working hours.
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During the hours of darkness, as defined in Division 1, Secticn 280, of the Califmnia Vehic
portable signs shall be illuminated or, at the option of the Contractor, shall be in conform:
the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specific<
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sht
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retro
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be
on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the samt
shown on CALTRANS Standard Plans RS I, RS 2, RS 3 and RS 4 for installation of roads1
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platf supports as approved by the Engineer, or the signs may be installed on existing lighting I
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shE made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the PC 500-C-2500 concrete.
(f) When break-away sign posts (SDRS M-45) are used one post shall be provided for e
square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Sectior
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axi diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless (
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminur Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The u
be capable of being delivered to the site of use and placed in immediate operation. Sign F
portable signs shall conform to the requirements of sign panels for stationary mounted
206-7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cc
fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be USE
the hours of darkness. Size, color, and legend requirements for portable signs sha
described for stationary mounted sign panels in Section 206-7, “Reflective Sheeting Pi
Signs”. The height to the bottom of the sign panel above the edge of traveled way shall bc
0.3 m. All parts of the sign standard or framework shall be finished with 2 applications of a
enamel which will match the color of the sign panel background. Testing of paint wi
required. If portable signs are displaced or overturned, from any cause, during the progre
work, the Contractor shall immediately replace the signs in their original locations.
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Add the follaiing section:
7-1 0.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC "Public Con
and Safety." Nothing in these Special Provisions shall be construed as relieving the Contra
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than 1
delineators are used during the hours of darkness, they shall be affixed or covered with
cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves
seven (7) inches long.
The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment v
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be n
from the closest approach of any part of the equipment as it is operated and/or mane(
performing the work. This requirement may be waived when the Engineer has givet
authorization to the reduction in clearance that is specific to the time, duration and locatior
waiver or for the work of installing, maintaining and removing traffic control devices. As a 1
of such waiver the Engineer may require the Contractor to detour traffic, adjust the wid
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor's employees shall not be parked within the trave
including any section closed to public traffic. Whenever vehicles or equipment are parke
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescc
cones or portable delineators placed on a taper in advance of the parked vehicles or equipr
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet pasi
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mo
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engii
construction traffic control devices shall be maintained in good order and according to
throughout the duration of work. During the entire construction, a minimum of two pavt
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each dir
travel.
Contractor shall maintain traffic flow in both directions at all times on all streets, unless o
approved by the Engineer.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists o traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual c Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its respon:
provide such additional devices or take such measures as may be necessary to mainta
safety.
When lanes are closed for only the duration of work periods, all components of the traffil
system, except portable delineators placed along open trenches or excavation adjacer
traveled way, shall be removed from the traveled way and shoulder at the end work perioc
Contractor so elects, said components may be stored at selected central locations, approve
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 trafl
operations, traffic shall be controlled with lane closures, as provided for under "Traffic
System for Lane Closure" of these Special Provisions or by use of an alternative traffic con
proposed by the Contractor and approved by the Engineer. The Contractor shall not st;
striping operations using an alternative plan until he has submitted its plan to the Engineer
received the Engineer's written approval of said plan.
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Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation
furnished, placed, maintained and removed in accordance with the minimum standards sp
Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever
causes obliteration of pavement delineation, temporary or permanent pavement delineatior
in place prior to opening the traveled way to public traffic. Lane line or centerline F
delineation shall be provided at all times for traveled ways open to public traffic. All work nc
including any required lines or marks, to establish the alignment of temporary pavement de
shall be performed by the Contractor. When temporary pavement delineation is removed.
and marks used to establish the alignment of the temporary pavement delineation shall be
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
Temporary pavement delineation shall not be applied over existing pavement delineation
temporary pavement delineation. Temporary pavement delineation shall be maintair
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engir
temporary pavement delineation conflicts with the permanent pavement delineation or wii
traffic pattern for the area and is no longer required for the direction of public traffic
temporary pavement delineation is required to be removed, all lines and marks used to t
the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Traffic Control Plan Sheets. The Contractor shall submit Traffic Cohrol Plar
for the Engineer’s review for all construction activities. The Contractor must obtain the Er
approval of the TCP prior to implementing them. The Engineer may choose to modify, a
supplement the TCP. The level of detail, format, and graphics shall be of reasonable quali
size no less than a scale of I” = 100’. All expenses and time to prepare and review modii
additions, supplements and/or new designs shall be included in the lump sum bid for traffic
or, in the absence of a traffic control bid item, borne by the Contractor and no additional I
will be made therefor. Such modifications, supplements and/or new design shall n
requirements of the “MANUAL OF TRAFFIC CONTROLS1’, 1996 Edition as published by t
of California Department of Transportation and of the Engineer. Such design shall be prepai
professional engineer appropriately registered in the State of California unless otherwise a
in writing by the Engineer. The Engineer shall be the sole judge of the suitability and qualit
modifications, supplements, and/or new designs. The Engineer may approve any modifi
supplements, and/or new designs to the traffic control plans when, in hidher sole opinic
modifications, supplements, and/or new designs to the traffic control plans prepared
registered engineer retained by the Contractor will be beneficial to the best interests of the /
Such modifications, additions, supplements, and/or new designs shall not be implemented
work shall be commenced that is contingent on such approval until the changed traffic contr
are approved by the Engineer. The preparation of modifications, additions, supplements
new designs shall not presuppose their approval or obligate the Agency in any fashion. S
and review requirements for such modifications, supplements, and/or new designs shall COI
the requirements of section 2-5.3 Shop Drawings and Submittals.
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Add the following section:
7-10.3.7 Payment. The Contractor shall include all costs for traffic control in the contract
for pedestrian curb ramps, which shall include full compensation for furnishing all labor (
flagging costs), materials (including signs), tools, equipment and incidentals, and for doir
work involved in preparation, reproduction and changing of traffic control plans, placing,
traffic stripes and pavement markers with bituminous adhesive, removing, storing, ma
moving to new locations, replacing, and disposing of the components of the traffic control s
shown on the plans and approved additions and modifications, as specified in thesc
provisions, and as directed by the Engineer.
Add the following section:
7-10.4.4 SafeUy and Protection of Workers and Public. The Contractor shall take all n
precautions for the safety of employees on the work and shall comply with all applicable p
of Federal, State and Municipal safety laws and building codes to prevent accidents or
persons on, about, or adjacent to the premises where the work is being performed. The C
shall erect and properly maintain at all times, as required by the conditions and progre:
work, all necessary safeguards for the protection of workers and public, and shall use dan!
warning against hazards created by such features of construction as protruding nails, ho
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or
materials, such as borrow pits or gravel beds, for use in the proposed construction proje
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the c
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become c
of the contract.
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SECTION 9 - MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mo
Engineer will make an approximate measurement of the work performed to the closure
basis for making monthly progress payments. The estimated value will be based on contr
prices, completed change order work and as provided for in Section 9-2 of the S
. Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend
after the closure date. Five (5) working days following the closure date, the Enginel
complete the detailed progress pay estimate and submit it to the Contractor for his inforr
Should the Contractor assert that additional payment is due, the Contractor shall within t
days of receipt of the progress estimate, submit a supplemental payment request to the E
with adequate justification supporting the amount of supplemental payment request. Upon
of the supplemental payment request, the Engineer shall, as soon as practicable after
determine whether the supplemental payment request is a proper payment request.
Engineer determines that the supplemental payment request is not proper, then the reque
be returned to the Contractor as soon as practicable, but not later than seven (7) days after
The returned request shall be accompanied by a document setting forth in writing the reasa
the supplemental payment request was not proper. In conformance with Public Contrac
Section 20104.50, the City shall make payments within thirty (30) days after receipt
undisputed and properly submitted supplemental payment request from the Contractor. If p
of the undisputed supplemental payment request is not made within thirty (30) days after re(
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate s
in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. 0
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9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Ager
retain 10 percent of such estimated value of the work done and 10 percent of the value of n
so estimated to have been furnished and delivered and unused or furnished and st
aforesaid as part security for the fulfillment of the contract by the Contractor, except tha
time after 20 percent of the work has been completed, if the Engineer finds that sat1
progress is being made, the Agency may reduce the total amount being retained from I
pursuant to the above requirements to 5 percent of the total estimated value of said w
materials and may also reduce the amount retained from any of the remaining partial payr
5 percent of the estimated value of such work and materials. In addition, on any partial F
made after 95 percent of the work has been completed, the Agency may reduce the
withheld from payment pursuant to the requirements of this Section to such lesser amount!
Engineer determines is adequate security for the fulfillment of the balance of the work ar
requirements of the contract, but in no event will said amount be reduced to less than 125
of the estimated value of the work yet to be completed as determined by the Engineer
reduction will only be made upon the written request of the Contractor and shall be appr
writing by the surety on the Performance Bond and by the surety on the Payment Bon
approval of the surety shall be submitted to the Engineer; the signature of the person exes
approval for the surety shall be properly acknowledged and the power of attorney authoriz
to give such consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspec
Engineer will make a Final Payment Estimate and process a corresponding payment. This 1
will be in writing and shall be for the total amount owed the Contractor as determinec
Engineer and shall be itemized by the contract bid item and change order item with quanti
payment amounts and shall show all deductions made or to be made for prior payme
amounts to be deducted under provisions of the contract. All prior estimates and progress p
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate
written statement disputing any bid item or change order item quantity or payment amou
Contractor shall provide all documentation at the time of submitting the statement suppc
position. Should the Contractor fail to submit the statement and supporting documentatic
the time specified, the Contractor acknowledges that full and final payment has been mac
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned ti
Engineer will review the disputed item within 30 calendar days and make any apF
adjustments on the Final Payment. Remaining disputed quantities or amounts not approvec
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor’
and it will be the responsibility of the Contractor to furnish within a reasonable time suck
information and details as may be required by the Engineer to determine the facts or con involved in its claims. Failure to submit such information and details will be sufficient ci
(denying the claims.
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9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittf
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire prc
claim will be considered that was not included in this written statement, nor will any claim bc
for which written notice or protest is required under any provision of this contract including
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6..
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comr
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor
and it will be the responsibility of the Contractor to furnish within a reasonable time suc
information and details as may be required by the Engineer to determine the facts or cor
involved in its claims. Failure to submit such information and details will be sufficient c
a
I denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statc
further information, whichever is longer, for those claims approved by the Engineer. The CI
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for thos
remaining in dispute.
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I Type of Construction
I A11 Concrete Used Within the Right-of-way
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' ' -Trench Backfill Slurry
- Street Light Foundations and Survey Monuments
Traffic Signal Foundations -
- Concreted-Rock Erosion Protection
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Concrete Maximu
Class Slump mm (I
330-C-23 (2)
1 15-E-3 200 (8'
(560-C-3250) (I)
(1 90-E-400)
(560-C-3250)
(590-C-3750)
(520-C-25OOP)
330-C-23 100 (4
350-C-27 100 (4
31 0-C-17 per Table 30C
P m SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class D2-AR 4000 fo
course over concrete slurry.
203-6.6.1, Batch Plant Method, modify as follows:
from the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.”
203-6.7 Asphalt Concrete Storage.
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be
the work.
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Third paragraph, last sentence, de 1
add the following: Open graded asphalt concrete
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of all signs used f
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon th
completion of the Work.
Add the following section:
206-7.1 .I General. Materials, legend, proportion, size, and fabrication of all signs use(
(direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall
to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, Octobe
Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING
(October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHAR7
February 1980, all published by the State of California, Department of Transportation, Dij
Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacrame
‘35819 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SH
SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transi
or to certify compliance to said SPECIFICATIONS, to provide a quality control program or
‘testing, approval, observation of manufacturing or assembly operations by the State of C4
IDepartment of Transportation and/or its employees or officials, such rights shall be veste
IEngineer.
,4dd the following section:
206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SH
:SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIOf
IREFLECTIVE SHEETING SIGNS, October 1993”, except that the notation shall be “PROPEI
’THE CITY OF CARLSBAD”.
,4dd the following section:
206-7.1.3 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1
follows: Standard signs shall be as per the most recently approved “Approved Sign Spec
Sheets” of the State of California, Department of Transportation. The date of approval shal
date most closely preceding the date of manufacture of the sign(s) or the date of the “h
Proceed” of this contract, whichever is most recent.
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Add the following section:
206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs.
1993” as follows: All warning signs and all regulatory signs, excepting only those hereinaf
shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requiremer
specification. Signs listed below shall be fabricated with Type II encapsulated lens
conforming to the requirements of this specification. Regulatory signs which shall be fabric
Type I1 encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 thro
including, R53C; R62A through, and including, R62D; R74 through, and including, R96C;
through, and including, R105A.
Add the following section:
206-7.1.5 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October
follows: All permanent traffic signs used for the direction, warning, and regulation o
(including bicycle) and pedestrian traffic shall use aluminum substrate.
Add the following section:
206-7.1.6 Mounting traffic Signs. Traffic signs shall be installed as required by S:
Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allow
that drawing, on wood posts in the same manner shown on the State of California, Depai
Transportation “Standard Plans” 1995 edition standard plans numbers RS1 , RS2, RS3 anc
installation of roadside signs
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during
Contractor’s performance of the Work. Temporary traffic signs include both stationary and I
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Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary tral
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrii
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, Octobc
Sheets I through 5 that accompany “Specifications For Reflective Sheeting Signs, October
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated Februa
all published by the State of California, Department of Transportation, Division of Proc
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581E
modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” re’
Contractor or supplier to notify the Department of Transportation or to certify compliance
“Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control prc
to allow testing, approval, observation of manufacturing or assembly operations by the
California, Department of Transportation and/or its employees or officials, such rights
vested in the Engineer.
Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1
follows: Standard temporary traffic signs shall be as per the most recently approved “A
Sign Specification Sheets’’ of the State of California, Department of Transportation. The
approval shall be the date most closely preceding the date of manufacture of the sign(s) or
of the “Notice to Proceed” of this contract, whichever is most recent.
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Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs,
1993” as follows: All warning signs and all regulatory signs, excepting only those hereinaf
shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requiremer
specification. Signs listed below shall be fabricated with Type I1 encapsulated lens
conforming to the requirements of this specification. Regulatory signs which shall be fabric
Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 thro
including, R53C; R62A through, and including, R62D; R74 through, and including, R96C;
through, and including, R105A.
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October
follows: Excepting only construction warning signs used at a single location during daylic
for not more than five (5) consecutive days, all signs used for the direction, warning, and r(
of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and I
aluminum substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporz
signs shall be installed on wood posts in the same manner shown on the State of C
Department of Transportation “Standard Plans” 1995 edition standard plans numbers R:
RS3 and RS4 for installation of roadside signs, except as follows:
a)
b)
c)
Back braces and blocks for sign panels will not be required.
The height to the bottom of the sign panel above the edge of traveled way st
least 2.1 m (7’).
Construction area sign posts may be installed on above ground temporary
sign supports as approved by the Engineer, or the signs may be installed on
lighting standards or other supports as approved by the Engineer. When con
area signs are installed on existing lighting standards, holes shall not be mad
standards to support the sign.
The post embedment shall be 0.8-m (32”) if post holes are backfilled arc
posts with 295-C-17 (500-C-2500) portland cement concrete.
When break-away sign posts (SDRS M-45) are used one post shall be pro!
each 0.48 m2 (5 ft2)of sign area.
d)
e)
Post size and number of posts shall be as shown on the plans, except that when stationary I
signs are installed and the type of sign installation is not shown on the plans, post size
number of posts will be determined by the Engineer. Posts shall be good sound woo
suitable for the purpose intended. Sign panels for stationary mounted signs shall consist
IllA reflective sheeting applied to a sign substrate. Sign panels shall conform to the requ
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1
Add the following section:
206-7.2.6 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall cc
a base, standard or framework and a sign panel. The units shall be capable of being deli!
the site of use and placed in immediate operation. Sign panels for portable signs shall COI
the requirements of sign panels for stationary mounted signs in the “Specifications For R
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric,
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color,
end requirements for portable signs shall be as described for stationary mounted sign p
section 206-7.2 of these Special Provisions. The height to the bottom of the sign panel at
e- tS 1/08/98 Contract No. 3523-3 Page 64 of72P: 1
edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framew
be finished with 2 applications of an orange enamel which will match the color of the si1
background. Testing of paint will not be required.
Add the following section:
206-7.2.6 Maintenance of Temporary Traffic Signs. If temporary traffic signs are disp
overturned, from any cause, during the progress of the work, the Contractor shall imr
replace the signs in their original locations. The Contractor shall maintain all temporary tra
used in the Work in a clean, reflective and readable condition. The Contractor shall re
restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
marked by graffiti.
Add the following section:
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206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
,Add the following section:
206-8.1 General. This Section pertains to IO-gage and 12-gage cold-rolled steel pt
tubing used for the support and stabilization of signs. All shapes shall have a galvanized fii
shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvaniz
conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forn
punching operations have been completed. Cold-rolled steel perforated tubing shall be pr
on all four faces with 1 Imm (7116”) holes on 25 mm (1”) centers.
Add the following section:
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+O.i
0.005). Convexity and concavity measured in the center of the flat side shall not exceed a ti
(of +0.25 mm (+0.010”) applied to the specific size determined at the corner. Straightness tj
variation shall not exceed 1.6 mm in 1 m (1/16 “ in 3’). Tolerance for corner radius is 4.0mt-r
plus or minus 0.40 mm (1/64“). Weld flash on corner-welded square tubing shall permit :
(9/64”) radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, con
size tubes shall telescope freely for 3.lm (IO’). Tolerance on hole size is plus or minus (
(1/64“) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8” in
(addition, for the following specific sizes of light gage steel tubing, dimensional tolerances
(exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
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11 (I) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed.
(2) Twist is measured by holding down the edge of one end of a square tube on a surface 1
with the bottom side of the tube parallel to the surface plate, and noting the height
either corner on the opposite end of the bottom side is above the surface plate.
Add the following section:
206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shal
“pull-through’’ electrogalvanized rivets with 9.5 mm (3/8”) diameter shank, 22 mm (7/8”)
head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall cc
ASTM B-633, Type Ill SCI.
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TABLE OF CONTENTS
SPECIAL PROVISIONS
Section Description . Pa
PART 3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICA TlONS FOR P UBLlC WORKS CONSTRUCTION FOR CONSTRUCTION METHODS .......................................................... 68
300 Earthwork ................................................................................................. 68 300-1 Clearing and Grubbing .............................................................................. 68 300-1.3 Removal and Disposal of Materials ........................................................... 68 300-1.4 Payment ..................................................................................................... 68 300-2 Unclassified Excavation ............................................................................ 69
300-2.9 Payment ..................................................................................................... 69
,300-4.7 Compaction ............................................................................................... 69
,300-4.9 Measurement and Payment ...................................................................... 69
301-1 Subgrade Preparation ............................................................................... 69 301-1.2 Preparation of Subgrade ........................................................................... 69
302 Roadway Surfacing ................................................................................. 70
302-5 Asphalt Concrete Pavement ..................................................................... 70
302-5.9 Measurement and Payment ...................................................................... 70
303-5.5.5 Alley Intersections, Access Ramps, and Driveways ................................. 70 303-5.9 Measurement and Payment ...................................................................... 70
308 Landscape and Irrigation Installation ................................................... 71
308-8 Payment ..................................................................................................... 71
31 0-5 Painting Various Surfaces ......................................................................... 71
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1 ,30 0-4 Unclassified Fill .......................................................................................... 69 ,300-4.2 Preparation of Fill Areas ............................................................................ 69 300-4.6 Application of Water .................................................................................. 69
301 Treated Soil, Subgrade Preparation, and Placement of
Base Materials ......................................................................................... 69
301-1.7 Payment ..................................................................................................... 69
0 302-5.5 Distribution and Spreading ........................................................................ 70
303 Concrete and Masonry Construction .................................................... 70 11
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31 0 Painting ................................................................................................. , ... 71
31 0-5.6 71 Painting Traffic Striping, Pavement Markings and Curb Markings ...........
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
a
SECTION 300 - EARTHWORK B 300-1 CLEARING AND G JBBING.
300-1 .I General. add the following to the third paragraph: During surface clearing opera
Contractor shall not cover or bury any plant growth or other objectionable materials
Contractor cannot successfully separate the plant growth from the surface soil and adve
inadvertently mixes organic or other objectionable materials with the soil, the soil so cont
shall be removed from the site by the Contractor. All costs, if any, associated with removin
mixed with organic or other objectionable materials and importing soil to replace said cont
soil shall be borne by the Contractor and no additional payment therefor shall be mac
Contractor.
300-1.3 Removal and Disposal of Materials,
Delete subsection 300-1.3.1 and replace with the following:
300-1.3.1 General. Also included in clearing and grubbing shall be removal and disl
existing street poles and lights, fences, asphalt concrete and aggregate base, concrete c
gutter, concrete sidewalk, existing gate, existing abandoned underground pipes and conduii
signs, and other existing features which interfere with the roadwork, whether or not such it called out on the plans or in the specifications for removal. Tree removal shall include remc tree stump and roots greater than 0.1’ in diameter to a depth of 21” below grade for CI
concrete and bituminous materials removed shall be disposed of at a legally permitted I:
recycling site.
Delete subsection 300-1.3.2(a) and replace with the following: 300-1.3.2(a) Bituminous Pavement. Bituminous pavement shall be removed to sawcut lines. Unless otherwise shown on the plans, A.C. shall be sawcut a minimum of 18“ lip of gutter and removed where curb and gutter or cross gutter is designated to be rem0
Delete subsection 300-1.3.2(c) and replace with the following:
300-1.3.2(c) Concrete Curb, Walk, Gutters, Cross-Gutters. Drivewavs. anc
1ntersections.Concrete curb, curb and gutter, and sidewalk shall be removed between ti
shown on the plans which shall coincide with the nearest existing weakened plane joint or SI
or as directed by the Engineer. The joint shall be sawed if necessary before removing cor prevent damage to adjacent improvements. If the adjacent curb, curb and gutter or sid damaged during the removal process, it shall be removed to the nearest joint outside the d area and replaced at the Contractor’s expense.
Delete subsection 300-1.4 and replace with the following:
300-1.4 Pavment. Payment for clearing and grubbing, including sawcutting curb, c
gutter, sidewalk, and A.C. paving, removing and disposing of same shall be included in the unit price bid for pedestrian ramp construction. Payment for traffic control necessary for sa and removals shall be incidental to the work and no additional compensation shall be
therefor.
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300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following:
d suitable material, recompaction, mixing, disposal of unsuitable materials not included ir
item for clearing and grubbing, all cut and fill including salvaging clean excavated material E
areas to the required grades and cross section. Unclassified excavation shall be utilized
make all fills shown on the plans. Unclassified excavation shall also include scarifica
moisture adjustment and compaction of the top 300 mm (I”) of subgrade in the roadway pri
percent relative compaction, export of remaining excess material to a disposal site or s
acquired by the Contractor and pumping and disposal of pumped water.
300-2.9 Payment. modify as follows: Unclassified excavation is considered incident;
construction of surface improvements, and no additional payment will be made.
Unclassified excavation shall include removal and I
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u 300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section
“Compaction”, areas proposed for improvements all fill (including backfill and scarifiec
surfaces) shall be compacted to no less than 90 percent of maximum dry density as deter
accordance with ASTM Test Procedure Dl 557-91.
300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisturc
no less than one (I) percent below optimum moisture per ASTM test D-1557.
300-4.7 Compaction. add the following: Fill soils placed within the top 1 foot of subgrade shall be compacted to a minimum of 95 percent relative compaction. On all receive planting, the top 6” shall be compacted to 85% to allow for plant growth.
300-4.9 Measurement and Payment. delete and substitute the following: Unclas:
grading, shaping, compacting or consolidating, slope rounding, construction of transition5
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a p: work appurtenant to the pedestrian ramp construction, and no additional payment will t therefor.
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SECTION 301- TREATED SOIL, SUBGRADE PREPARATION,
AND PLACEMENT OF BASE MATERIALS I 301 -1 SUBGRADE PREPARATION.
301 -1.2 Preparation of Subgrade. add the following: The Contractor shall scarify,
condition and recompact the portion of subgrade 12 inches below the aggregate structural s
the street as an integral part of the street section (structural section and typical section) TI
12 inches of subgrade beneath paved areas shall be compacted to no less than 95
maximum dry density (ASTM-1557).
301-1.7 Payment. add the following: Payment for subgrade preparation shall be includl
contract bid price for pedestrian ramp construction and shall include all labor, materials;
water, operations and equipment to scarify, adjust moisture, compact or recompact the s
both in cut areas and in fill areas, and no further compensation will be allowed.
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SECTION 302- ROADWAY SURFACING @ 302-5 ASPHALT CONCRETE PAVEMENT.
302-5.5 Distribution and Spreading.
Add the following: Asphaltic concrete overlay shall only be applied when existing pavement and dry. Contractor shall remove any weeds or organic matter prior to application of n i overlay.
To subsection 302-5.5 add the following:
The Contractor shall not be required to use a self propelled spreading machine when placin!
the slot adjacent to new curb or new curb and gutter. In these areas the A.C. shall be pla
compacted to the density specified in subsection 302-5.6.2. Compacted A.C. shall be no hig 6 mm (114 in.) above the lip of gutter. The Contractor shall grind, at its expense, A.C. not F the correct elevation.
302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched jo procedures shall be required, and vibratory rollers shall be limited to breakdown, unless ( directed by the Engineer.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete application of tack coat shall be included in and incidental to the bid item for constr pedestrian curb ramps, and no additional payment will be made therefor.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTIOh
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSE
ACCESS RAMPS, AND DRIVEWAYS.
Add the following section:
303-5.5.5 Alley Intersections, Access Ramps, and Driveways. add the following: P curb ramps shall be constructed per the San Diego Regional Standard Drawing indicate Plans, modified where indicated according to details on the Plans. Transitions from ramps gutters, or streets shall be flush and free of abrupt vertical changes in excess of % of
Contractor shall ensure that pedestrian curb ramps finish shall be free of any form of graffiti.
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb,
considered as continuing across driveways and access ramps when constructed adjacen
Neither curb and gutter nor curb will be paid for across the length of local depressions, e>
which occurs in gutter transitions at each side of an inlet.
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I SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATIOP,
308-8 Payment. modify as follows:
Payment for landscape and irrigation replacement shall be incidental to the work they are as
with and included in the bid items for pedestrian curb ramp construction and no additional
will be made therefor.
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SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
31 0-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings.
310-5.6.1 General. Modify the fifth paragraph as follows: The Contractor shall furnish all eq
materials, labor, and supervision necessary for painting traffic lanes, directional arrows, gL
curbs, parking lines, crosswalks, and other designated markings in accordance with the Plai
approved temporary detours essential for safe control of traffic through and around the con
site. The Contractor shall remove by wet grinding (or by other approved methods) all e>
temporary traffic markings and lines that may confuse the public. When temporary detours
markings are no longer required, they shall be removed prior to painting the new traffic s
markings.
Add the following: Where a portion of a stop bar, stop legend or crosswalk is remove
remaining stop bar, stop legend or crosswalk is not thermoplastic paint, the entire stop I
legend or crosswalk shall be removed in accordance with 31 0-5.6.6 (as modified), and repls 1 0 thermoplastic paint.
310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contrac
provide a wet grinding machine with sufficient capacity to completely rernove all ex
temporary traffic striping or markings that conflict with the striping plan, or are contrary to tt
Manual, or that may be confusing to the public. The surface produced by grinding the e) temporary traffic striping or markings on pavement shall not exceed variations from a unifoi more than 3 mm (’/,”) in 3 m (IO’) when measured parallel to the centerline of the street or rr 6 mm (1/4’’) in 3 m (10’) when measured perpendicular to the centerline of the street. The UI equipment that leaves ridges, indentations or other objectionable marks in the pavement
discontinued, and equipment capable of providing acceptable surface shall be furnishec
Contractor. This equipment shall meet all requirements of the air pollution control distric
jurisdiction. Removal of striping by high velocity water jet may be permitted when there it
potential of the water and detritus from the high velocity water jetting to damage vehicles c
property nor to flow from the street into any storm drain or water course and when approve
Engineer. All water from high velocity water jet striping removal shall be vacuumed
pavement immediately after the water jetting and shall not be allowed to flow in the gutter, 1 storm drain system or to leave the pavement surface. Surface variation limitations for higt
water jet striping removal shall be the same as for grinding.
310-5.6.5 Traffic Stripes and Markings. Add the following: Crosswalks or portions of crc
shall be painted the same color as the previous or existing crosswalk.
31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows:
markings and striping, either permanent or temporary, which are to be abandoned, obliteratc
conflict with the plans shall be removed by grinding methods. Dry or wet sandblasting mz
used in any areas. Alternate methods of paint removal require prior approval of the Ei
Obliteration of traffic striping with black paint, light emulsion oil or any other masking mett
than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted.
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310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The C
Shall establish the necessary control points for all required pavement striping and mar
surveying methods. No layout of traffic striping shall be performed by the Contractc
establishment of the necessary control points. The Contractor shall establish all traffic
between these points by stringline or other method to provide striping that will vary less th;
per lOOm (112 inch in 50 feet) from the specified alignment.. Straight stripes deviating IY
80mm per 1OOmm (I/ 2 inch in 50 feet) shall be obliterated by grinding, and the markings c
The Contractor shall lay out (cat track) immediately behind installation of surface course as1
as the work progresses.
310-5.6.8 Application of Paint. Modify the second paragraph as follows: The first coat of F
be done immediately upon approval of striping layout by the Engineer. Ten days shz
between the application of a bituminous seal coat and the permanent traffic marking. The r:
not bleed, curl or discolor when applied to bituminous surfaces. If bleeding or discoloring o(
unsatisfactory areas shall be given an additional coat of paint. This additional painting wi
for as work incidental to the preparation of final and temporary pavement striping and marl
be applied in two coats, a minimum of seven days apart, and all streets shall incluc
pavement markers. Paint end of median noses yellow.
310-5.6.1 0 Measurement and Payment. Modify as follows:
Final and temporary traffic striping, curb markings and pavement markings as shown on
and required by the specifications shall be included in the lump-sum price bid for temporary traffic striping, and no additional compensation will be allowed therefor. The lump sum r
and shall include all labor, tools, equipment, materials, and incidentals for doing all work in
the final and temporary traffic striping. All costs for temporary pavement painting for.the con
of the Contractor, including costs for sandblasting of existing lines and markings, shall
expense and no additional compensation shall be made therefor.
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6" CURB 8" CURB
0 rea = 1.09 sa. FT. Area = 0.89 SQ. FT.
Weakened Plane Joint
GUTTER
NOTES: LEGEND ON
1. Concrete shall be 520-C-2500.
2. See Standard Drawing G-10 for joint details.
3. Slope top of curb 1/4" per foot toward street
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2" Weakened Plane Joint
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0 s ---
1 1/2" except where B
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TYPE G & H CURB 'AREA TYPE w SQ. FT.
G 24" 1.34 , H 130" 1.61 ' with 6" Curb Face
NOTES:
1. Concrete shall be 520-C-2500.
2. See Standard Drawing G-10 for joint details.
3. Slope top of curb 1/4" per foot toward street,
LEGEND ON PLANS
-
Revision By Approvl ECOMYENOEO BY THE SAW DIEGO IEGIONAL SlANOAROS COYYlnEE I "--.-- Li?4%M*&AL/ &.ms
0 RAW1 N G l NUMBEI~ 6-2
& m.O. SAN DIEGO REGIONAL STANDARD DRAWING
sConc
Note 3 I% 4 p
CURB AND GUTTER - COMBINED
- 114" per ft.
Weakened Plane Joint fl-------------- J
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NON-CONTIGUOUS
Weakened Plane Joint
CONTIGUOUS
1. Concrete shall be 520-C-2500. 2. See Standard Drawing G-9 and G-10 for joint details. LEGEND ON PLANS
SIDEWALK - TYPICAL SECTIONS
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+ Mid Point of Curb Return
NOTES
1. Expansion Joints -at curb returns, adjacent to structurm and at 45' intervals.
2. Weakened Plane Joints----- at mid point of curb return, when required,
3. 1/4" grooves - with 1/4" radius edges at 5' intervals.
(See Standard Drawing G-10).
and at 15' intervals from P.C.R.'s (See Standard Drawing G-10).
111
Rcvision By Approved Date -- SAN DIEGO. REGIONAL STANDARD DRAWING ~:~~,","d:",:",,",',,', 1 blo.te 4 $e m.s. 5-~6 --
A .w;<- --- COOId~NIOl R C E 1981
SIDEWALK JOINT LOCATIONS DRAWING
--- ---
NUMBER -
I
r xpansion Joint Filler Material
EXPANSION JOINT CONTACT JOINT
Prefomed Joint filler
WEAKENED PLANE JOINT
GUTIER AND PAVEMENT
WEAKENED PLANE JOINT
CURB AND SIDEWALK
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KEYED JOINT
Spellina 06 0.fl.b REGIONAL STANDARD DRAWING
RCE 25902 Date CONCRETE JOINT DETAILS
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c- ()a
Drawing G-10 when
separate pours are made
PLAN
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10' unlen otherwise
shown on plan 1/2" R typical
Base material as shown on plans
SECTION A-A
NOTES:
1. Concrete shall be 560-C-3250. 2. ------ ------_
3. - - =Typical flowlines.
4. 0 =Elevations to be shown on plans. 5. Return segments to be 7' Thick.
6. Curb between P.C.& shall be considered as
7. In all cases subgradr shall be compacted io OC% min
-Weakened plane joints.
part of cross gutter.
relative compaction lo e depth of 12'.
LEGEND ON PLANS
8-5
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Revision By Approve( ECOYYENOED BY THE SAN DIEGO REGIONAL IiTANOAROS COYYITTEE 1 *WL7&44 CoDrdmItor R C.E 19801 &./m Out -
DRAWING I NUMBER 6-12 -
0s:
Note 6 qd 711.8,
Thickness =
Note 1 ~*q M-0.
SAN DIEGO REGIONAL STANDARD DRAWING
CROSS GUTTER
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TYPE A
2. Where shown on the plans. construct monolithic curb for retention of street drainage or to meet adjacent
NOTE
SH Standard Drawing 6-32 for general nom
SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENOED 8" TH REGIONAL STANOARO!
Cooidmior R C E CZII PEDESTRIAN RAMP
TYPES A AND B ORAWING (NEW CONSTRUCTION) NUMBER G
1
12' Wide Border
-1
NOTES Std. Dwg. G-32
1. If inadequate R/W exists to
provide 4' landing, side slopes
shall be increased to 12:l pel
side slope "Zl" in Table A. Landlng shall be 3' minimum
in all other cases.
general notes.
ramp at curb return.
ramp at straight curb.
2. See Standard Drawing G-32 fc
3. Type A-1 is a designation for
4. Type 8-1 is a designation for
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12" wide border with X"
grooves approx. %" O.C.
curb
Height
SECTION A-A
X' Y' NOTES Curb Height Ramp L
4" 1' * 6 1.
conditions where inadequate right of way exists to use 5 " 2' . 6
standard drawing 6-27, G-28 or G-30 and are not to be 6" 3' - 6
used in new construction. 7" 4' - 6
2. See Standard Orawing 6-32 for general notes. 8" 5' - 6
9" 6-6
Type C ramps are only to be used to mitigate existing
10" 7' - 6
12" 9' - €
13" 10 - f
11** a- - 6
1
4' Min. Landing
12- ,wide border with 1/4" groove
See Detail4 Std. Dwg. G-32
NOTES
1. See Standard Drawing G-32 for general
2. X= Design Curb Height as shown on plan!
notes.
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Street
Property side "Z" dimension and/or grooves may be eliminated by the Engineer and replaced by a retaining curb flush with existing ground and sidewalk.
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12" wide border with 1,
grooves approx. 3/4 "
See Detail-B - Std. Dwg. G-32
SECTON A - A I See Standard Drawing G-32 for general notes.
I* PEDESTRIAN RAMP
1
1. The removal of existing concrete curb, gutter, sidewalk and pavement for pedestrian ramp installation shall comply with Standard Drawing G-1 1 .
2. Areas shown thus: m shall have a heavy broom "npple" texture finish.
transverse to axis of ramp contrasting visually with adjoining surfaces.
3. Areas shown thus: -1 are the minimum required for a complete ramp
installation and shall be concrete class 520-C-2500.
4. If obstructions such as inlets, utility poles. fire hydrants, etc., are
encountered, the ramp locations may be adjusted upon the approval
of the Resident Engineer.
5. Ramp slope shall be a minimum grade of 15:l.
6. The ramp slopes will be measured relative to the sidewalk slope, see Detail A be
Adjoining slope beyond ramp shall not exceed 2O:l (5%).
+Y
Slope = X:Y Remove & reconstruct Where X is level plane
Line of Curb
.QmLR
Driveway Wld t h - (24’ Minimum)*
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See Note 4
TYPICAL PLAN
CENTERLINE X-SECTION
1.
2.
3. All concrete shall be 560-C-3250
4.
t or as required by the City Engineer
The ramp shall have a 12” wide border with 1/4” deep score lines and 1/8” radius.
The spacing shall be approximately 3/4“ 0 C.
= Elevation shown on plans (top of curb, and gutter elevation)
Transition from full height curb to no curb.
OF CARLSBAD
c SUPPLEMENTAL DRIVEWAY STANDARD NO.
ALLEY-TYPE
'T = -- ec 2- j+.. y?& > a = L%t;ii_S-.-i! 1 -a g x. J,- 7- n;f $ --!&b?d 9- $'
-; G3FL:gQ 12 f IkZ3 5 3- -> _.? ;*$ A y
3113 a +b
{\
Recording requested by: 1
)
CITY OF CARLSBAD )
) 7 Ti* < *I,jO r-rnZs r il~ Ij When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
ll
Space above this line for Recorder's
NOTICE OF COMPLETION
Notice is hereby given that:
I. I I is urrdei-signed is GW~G; of :he ii-iterasi ~r zstate stated belzlw in ths p:oi;eky
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbac
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed I
1999.
6. The name of the contractor, if any, for such work of improvement is Bighorn C
Company, Inc.
7. The property on which said work of improvement was completed is in the City (
County of San Diego, State of California, and is described as the Northwe
pedestrian curb ramp improvements, Project No. 3523-3.
8. The address of said property is within the limits of the City of Carlsbad.
A T'..
VERiFiCATiON OF C1TY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drivt
California, 92008; the City Council of said City on May 4, , 1999, a
above described work as completed and ordered that a Notice of Completion be file(
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 5 , 1999, at Carlsbad, California.
CITY OF CARLSBAD
6 7R &cEkcs-
ALETHA L. RAUTENKRANZ
City Clerk
EXHIB