HomeMy WebLinkAboutGuatay Equipment; 2002-03-05; 3623CITY OF CARLS
San Diego County
California.
CONTRACT DQCUMENTS AND
SUPPLEMENTAL PROVISIONS
Contract No. 3623 Paae 1 of 8U Pages
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TABLE OF CONTENTS
Notice lnvltrng Bids 5
Contractor's Proposal .............................................................................................................. 9
Bid Security Form .................................................................................................................... 14
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Bidder's Bond to Accompany Proposal .................................................................................... 15
Guide for Completing the "Designation of Subcontractor and Amount of Subcontractor's
Bid items" and 'Designation of Owner Operator/Lessor and Amount of Owner Operator/ Lessor Work" Forms ........................................................................................................... 17
Designation of Subcontractor and Amount of Subcontractor's Bid items ............................... 19
Designation of Owner Operator/Lessor and Amount of Owner OperatorlLessor Work ........... 20
Bidder's Statement of Financial Responsibility ......................................................................... 21
Bidder's Statement of Technical Ability And Experience ........................................................... 22
Bidder's Certificate of Insurance for General Liability, Employers' Liability. Automotive
Liabiiity and Workers' Compensation ...................................................................................... 23
Bidder's Statement of Re Debarment ...................................................................................... 24
Bidder's Disclosure of Discipline Record ........................................................................ 25
Non-Collusion Affidavit to be Executed by Bidder and Submitted with Bid ............................... 27
Contract Public Works ............................................................................................................. 28
Labor and Materials Bond ........................................................................................................ 34
Faithful PetformanceNarranty Bond: .............................. ....................................................... 36
Optional Escrow Agreement for Surety Deposits in Lieu of Retention ...................................... 38
e 9/11/00 Contract No . 3623 Page 2 of 80 Pages
SUPPLEMENTAL PROVISIONS
General Provisions
Terms. Definitions Abbreviations and Symbols Terms ...............................................................................................................
Definrtions
Abbrevlations
Scope and Control of the Work
Subcontracts .....................................................................................................
Contract Bonds ................................................................................................. Plans and Specifications ...................................................................................
Authority of Board and Engineer
Surveying
Changes In Work
Changes Initiated by the Agency ......................................................................
Extra Work ........................................................................................................
Changed Conditions
Disputed Work ..................................................................................................
Control of Materials
Materials and Workmanship ............................................................................
Materials Transportation, Handling and Storage ...............................................
Utilities Location ............................................................................................................
Cooperation Relocation
Prosecution. Progress and Acceptance of the Work
Construction Schedule and Commencement of Work .......................................
Prosecution of Work ......................................................................................... Delays and Extensions of Time ........................................................................
Time of Completion ...........................................................................................
Completion and Acceptance .............................................................................
Liquidated Damages .........................................................................................
Responsibilities of the Contractor
Workers' Compensation Insurance
Liability Insurance
Permits ............................................................................................................. Cooperation and Collateral Work ......................................................................
Project Site Maintenance ..................................................................................
Public Convenience And Safety ........................................................................
Laws to be Observed ........................................................................................
Measurement and Payment Measurement of Quantities for Unit Price Work ................................................
Payment ...........................................................................................................
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Part 1
Section 1
1-1
1-2
1 -3
section 2
2-3
2-4
2-5
2-9 2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
"
Section 5
5-1
5-4
5-6
Section 6
6-1
6-2
6-6 6-7
6-a
6-9
Section 7
7-3
7-4
7-5
7-7
7-1 0
7-1 3
7-a
Section 9
9-1
9-3 <-
41
41
42
43
43
44
46
49
50
50
51
52
54 55
56
56 56
56
56 57
57
5a sa
5a 5a
5a
5a
59
59
63
63
64
G 9/11/00 Contract No . 3623 Page 3 of 80 Pages
" Part 2
Section 200
200-2
Section 201
201-1
Section 203
203-6
Section 204
204-1
Section 206
206-7
Section 21 2
212-1
Part 3
Section 300
300-1
300-2
300-4
Section 301
301-1
301 -2
301 -6
Section 302
302-5
Section 303
303-1
303-5
Section 308
308-4
Section 31 3
31 3-4
Appendix
Appendix A
Appendix B
31 3-2
Construction Materials
Rock Materials
Untreated Base Materials .................................................................................
Concrete, Mortar and Related Materials
Portland Cement Concrete ..............................................................................
Bituminous Materials Asphalt Concrete ..............................................................................................
Lumber and Treatment With Preservatives
Lumber and Plywood ........................................................................................
Miscellaneous Metal Items
Traffic Signs ......................................................................................................
Landscape and Irrigation Materials
Landscape Materials .........................................................................................
Construction Methods
Earthwork Clearing and Grubbing .....................................................................................
Unclassified Excavation ....................................................................................
Unclassified Fill .................................................................................................
Treated Soil, Subgrade Preparation and Placement of Base Materials
Subgrade Preparation .......................................................................................
Untreated Base .................................................................................................
Soil Sterilant .....................................................................................................
Roadway Surfacing
Asphalt Concrete Pavement .............................................................................
Concrete and Masonry Construction.
Concrete Structures ..........................................................................................
Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
Access Ramps, and Driveways ........................................................................
Landscape and Irrigation Installation
Planting ............................................................................................................
Temporary Traffic Control Devices
Temporary Traffic Signing .................................................................................
Measurements and Payment ............................................................................
Resident Notification Example
San Diego Area Regional Standard Drawings D-25, D-27, G-2. G-14B
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70
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70
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9/11/00 Contract No. 3623 Page 4 of 80 Pages
,- CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on November 27, 2001, the City shall accept sealed bids, clearly marked as such, at
the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
will be opened and read, for performing the work as follows: The work to be done on CHARLEEN
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
Circle consists of clearing and grubbing (root pruning), unclassified excavation, reconstruction of
asphalt concrete, aggregate base, PCC curb & gutter, driveway, drainage structure, adjust andlor
relocate interfering utilities, and miscellaneous appurtenant construction as required by the plans and
specifications for this project.
CHARLEEN CIRCLE
CONTRACT NO. 3623
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2000 Edition, and the
supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
Chapter of the American Public Works Association and as amended by the supplemental provisions
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
bidder's security of the second and third next lowest responsive bidders may be withheld until the
Department. Each bid must be accompanied by security in a form and amount required by law. The
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the
any obligation required by this notice or for any monies withheld by 'the City to ensure performance provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
under this Contract, section 10263 of the Public Contract Code requires monies or securities to be
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
a 9/11/00 Contract No. 3623 Page 5 of 80 Pages
The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
I. Contractor's Proposal
2. Bidder's Bond 3. Non-Collusion Affidavit
4. Designation of Subcontractors
5. Designation of Owner OperatorLessors &
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and
and Amount of Subcontractor Bid
Amount of Owner OperatorlLessor Work
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering
the City. its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of
this contract. 10.Bidder's Statement Re Debarment 11.Bidder's Disclosure Of Discipline Record
12.Escrow Agreement for Security Deposits -
wishes to use the Escrow Agreement for (optional, must be completed if the Bidder
Security)
All bids will be comDared on the basis of the Engineer's Estimate. The estimated quantities are approximate and sebe solely as a basis for the comparison of bids. The Engineer's Estimate is
$72.000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
Where federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A, General Engineering.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
be mailed or delivered to each person receiving a set of the contract documents. No oral response
or lnterpretatlon of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
except as hereinbefore specified.
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
a 9/11/00 Contract No. 3623 Page 6 of 80 Pages
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773. and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures. the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bldders are advised to verify the Issuance of all addenda and recelpt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
total amount payable does not exceed five million dollars ($5,000,000).
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($10,000,000).
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These bonds shall be kept in full force and effect during the course of this project, and shall extend
in full force and effect and be retained by the City until they are released as stated in the
Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance
carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
~ 2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
?@ 9/11/00 Contract No. 3623 Page 7 of 80 Pages
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
2) Are admitted and authorized to transact the business of insurance in the State of California by the
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
1) Meet the conditions stated above for all insurance companies.
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-302,
adopted on the 25'h day of September, 2001.
@ 9/11/00 Contract No. 3623 Page 8 of 80 Pages
I- h
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. California 92008
CITY OF CARLSBAD
CONTRACTOR'S PROPOSAL
CHARLEEN CIRCLE
CONTRACT NO. 3623
OPENED, WITNESSED AND
The ;Inciz?si.:!:sci declares ne/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and
do all the work to complete Contract No. 3623 in accordance with the Plans, Specifications,
hereby proposes to furnish all labor, materials, equipment, transportation, and services required to
Supplemental Provisions and addenda thereto and that he/she will take in full payment herefore the following unit prices for each item complete, to wit:
BID SCHEDULE
Bid Items 1 through 12, Street Improvements, Contract No. 3623
Item
Approximate
Quantity Unit - No. DeSCriDtiOn pl&
Mobilization and preparatory work for all 1 LS 15 803 bid items at
Dollars (Lump Sum)
Clearing and Grubbing at 1 LS Is; Yod
Dollars (Lump Sum)
Unclassified excavation at 325 CY' I sw 3 8 5) 000
Dollars per Cubic Yard
'Final Pay Quantity. Refer to
Section 9-1.015 of Specifications
CNShed aggregate base at 279 TONS &LOO 6: 13 8
Dollars per Ton
Asphalt concrete at 298 TONS 30. OO
Dollars per Ton
a 9/11/00 Contract No. 3623 Page 9 of 00 Pages
Item - No.
6
7
0
9
10
11
12
13
DescriDtion
6" curb and gutter at
Dollars per Linear Foot
Driveway per G-146 at
Dollars per Square Foot
Curb outlet per D-25 at
Dollars Each
Saaewalk under drain per D-27 at
Dollars Each
Bio barrier at - . . - , . - __ .. - Dollars par Linear FGct
Adjust manhole frame and cover to
Grade at
-
Dollars Each
Adjust water valve box to grade at
Dollars Each
Relocate existing water meter at
Dollars Each
Approximate
Quantity
514 LF
1-43? SF
1 EA
1 EA
203 LF
1 EA
1 EA
2 EA
/ 0, 00
ao
I; 000
so0
7m
3-00
I, 000
Total amount of bid, Contract No. 3623, Bid Items 1 through 13, in words:
Total amount of bid, Contract No. 3623, Bid Items 1 through 13, in numbers:
Price(s) given above are firm !or 90 days after date of bid opening.
Addendum(a) No@). haslhave been received and islare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will
proposal.
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad. the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
El LW* dl&€ "Iol~,tAd-D rJldF HdMOQCD - FoPTCI FI La QOW
8 R9.9LtI3
9/11/00 Contract No. 3623 Page 10 of 80 Pages
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity fa contractor within the State of California v lid1 licensed under
license number 9 I,-L 6 8 , classification &fd.fd6 (A &ich expires on
and that this statement is true and correct and has the legal effect of
who is not licensed as a contractor pursuant to the
5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
invalidated by the failure of the bidder to be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5
20104.
The Undersigned bidder hereby represents as follows:
i) Thzt no Council member, officer agent, or employee of !he City of Carlsbad is personal!y
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that
inducted himlher to enter into this Contract, excepting only those contained in this form of
no representation, oral or in writing, of the City Council, its officers, agents, or employees has
Contract and the papers made a part hereof by its terms; and
2) T!?s+ his hi:: is made without connection with any persw, firm, 01~ corporation making a bid for
ths sumr? work, md is in aii respects fair and without collusion or fraud.
Accompanying this proposal is 13 b n/ c> (Cash, Certified Check, Bond
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 requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Contract No. 3623 Page 1 I of 80 Pages
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted GOATA~ FC+J~P~E.~
(2) Signature (given and surname) of proprietor-?-
(3) Place of Business a ‘I A ALP,;?/C l3i Ila
City and state A L P 1 A/ F C A/ IF-
(.4) Zip Code 7 I q 0 1 Telephone KO. ( 6 I ? ) 4 4 S” 5 / b S-
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Sir.nat~d (given and surname and character of parbar: (F.!o’.e: Signature must be made by a
.
(Street and Number)
gunarai Qartner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
a 9/11/00 Contract No. 3623 Page 12 of 80 Pages
r-
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(2) (Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
G 9/11/00 Contract No. 3623 Page 13 of 80 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CHARLEEN CIRCLE
CONTRACT NO. 3623
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a 'Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word
executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
*Ir w 9/11/00 Contract No. 3623 Page 14 of 80 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CHARLEEN CIRCLE
CONTRACT NO. 3623
KNOW ALL PERSONS BY THESE PRESENTS:
~~
(must be at least ten perceit (10%) of the bid ;mount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
CHARLEEN CIRCLE
CONTRACT NO. 3623
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amountspecified herein shall be forfeited to the said City.
”
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a# 9/11/00
m
Contract No. 3623 Page 15 of 80 Pages
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NOV 14 2000 1:45PM HP LRSERJET 3200 P.6
Naul 14 01 12r53p Guatsr Equipment 619-445-3628
..
p.3
In (he ewnt PrlnCrPd executed thk bond as an Individual. It is agreed that the death of Principal shall not exonerate the Surety from its obligations der this bond,
Executed by PRINCIPAL his 15TB day of-,~20_gg.
PRINCIPAL:
DW&&K
(Title and Organization of Si~1%9bty)
E*ecuted by SURETY thls 15TB day of -, 2001.
SURETY
AMERICAN CONTRACTORS INDEpIHlTY COMPANX .- ... I" *
(name of Surety) .*.:.x ..-
1081 CAMINO DEL RIO SOUTB #lo7 .,
. ... ;11.. . .,<
I SAN DIEGO. CA 92108 (adpp of SUR@)
[sign here)
!t nema here)
I and organization of slgnatory)
1 Ich cwporats resolution showing qrrent power of attorney.) -
per notaid acknowledgment of execution by PRINCIPAL and SURETY must be atteched.)
ddent or vicbpresldent and secmtary or essistanl secretyy must sign for cwpo~tions. If only offker signs, the corporation must eHach a resolution wrtifled by the secretary or assistant
etary under corpomts seal empower!nd that oRicer to bind the corporation.)
ROMD AS TO FORM: IALD R. eALL
Atlamey
Contract No. 3623 Pap 16 of 6O'Pages
A .. .
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American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles. California does hereby constitute and appoint:
Corrine Brm
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which ate or may as its true and lawful Attorney(s)-in-fact, in amount of S?~ooo*ooo~oo, to execute, seal and deliver for and on its behalf as surety, any
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY. as fully and amply, to all
be allowed, required or permitted by law, statute, rule. regulation, contract or otherwise, and the execution of such insmment(s) in pwu-
intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
?his Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMMTY COhPN, at a mecting called and held on thc 6th day of December. 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s>in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the name thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
b, ‘id and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of Nav I 2QQ!L.
AMERICAN CONTRACrO s
By: Mz9MPm Andy Faust. President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the insmment the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
May 9, 2000 before me, Deborah Reese , personally appeared Andv Faust
dL hi?& ASCJ5.L CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPm, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked znd is now in full
fo- nd effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 15TE day of NOVEklBW 2001
9” #- 3-
James H. FergusonlJSecretary
State of CALIFORNIB
County of SAN DIEGO
On 11-15-01 before me, c,
DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC
NOTARY PUBLIC
personally appeared CORRIIiJ3 BROWN
NAMEIS)OFSIGNERiSI
5 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
..
WITNESS my hand and official seal. rn P-"
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLEIS)
0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT
TRUSTEE(S) 0 GUARDIAWCONSERVATOR
. . NUMBER OF PAGES
0 OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING NMAE OF pERMN(Sl DR ENTIPI(IES1
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION * 8236 Rwnrnel Ave.. P.O. Box 7184 - Cawa Park. CA 91309.7184
, '"
/"
i ,-
WFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ul
0 personally known to me
ga,proved to me on the basis of satisfactory
evldence
to be the person(s) whose nameM isk
subscribed to the within instrument and
the same in hislhedbw-
capacitw, and that by his/he&beir
' authorized
signatureflon the instrument the personH, or
the entity upon behalf of which the personlsf
acted, executed the instrument.
WITNESSfiy handyl-qfficial Seal.
Notow Public - Califanio
Sol Diq;.:jo County
hh~t:l'~.- ,y?i-c- Ajxi6.m 1 acknowledged to me that he/9b&bvexecuted
~ ..l -I . -. _- -
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reanachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Capacity(ies) Claimed by Signer
0 Individual
Signer's Name:
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder, "Contract", "Contractor", "Contract Price". "Contract Unit Price", "Engineer". "Subcontractor'' and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner
Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to
specially fabricate and install any portion of the work or improvement according to detailed drawings
total bid or ten thousand dollars ($10,000) whichever is greater. Said name@) and location(s) of contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's
business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner OperatorlLessor of
forms must be attached if required to accommodate the Contractor's decision to use more than one
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
Subcontractor or Owner OperatorlLessor. All items of information must be completely filled out.
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's .overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner OperatorslLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including
Owner Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any
Subcontractor or Owner OperatorlLessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
OperatorlLessor installs or constructs any portion of a bid item the entire amount of the Contract
that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item
installed.
a 9/11/00 Contract No. 3623 Page 17 of 80 Pages
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor. as the case
materials and transport of materials from sources outside the limits of work, as shown on the plans,
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner OperatorlLessor installed bid item that is supplied by the Bidder shall
be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the
"Bid Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE' in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
43 9/11/00 Contract No. 3623 Page 18 of 80 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CHARLEEN CIRCLE
CONTRACT NO. 3623
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100 bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Subcontractor's Location of Business e 0. 8 0 .x- 21 70L
Street Address
.- >ucx.ii!ractor's TeItqi1o;ie Number including Area Cole: "9 s Y 0 - 8 I Y 3
'Subcontractor's California State Contractors License No. and Classification: '543379, c-*
'Subcontractor's Carlsbad Business License No.: 0 d -f.
Pursuant b sedlon 4104 (aM2HA) Califomla Pubilc Conhad Code. wiDt of the wrtions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 7-4 hbun a&; the deadline for submiffltig bids iXfiained in the 'Notice inviting Bids.'
. .. .. .
a 9/11/00 Contract No. 3623 Page I9 of 80 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CHARLEEN CIRCLE
CONTRACT NO. 3623
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100 bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Subcontractor's Location of Business 7 9 0 I I F M ad LROdE
Street Address
Column 1 - Bid Item No. from the bid proposal, pages 9 through IO, inclusive. Exdanation:
Column 2 -The dollar amowt of the item to be performed by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and proflt for work done by both the Contractor's and the
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal Subcontractor's forces on the item.
pages 9 through 10, inclusive.
Page ? ofL pages of this Subcontractor Designation form
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids mntained in the Pursuant to sedlon 4104 (a)(2XA) California Public CMltract Code. rewipt of the pciUons of the information preceded by an asterisk
'Notiw Inviting Bids.'
Contract No. 3623 Page 19 of 80 Pages
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CHARLEEN CIRCLE
CONTRACT NO. 3623
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in
the portions of the Work as designated in the list in accordance with applicable provisions of the preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform
specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operatorllessor Location of Business Street Address
City Slate zip
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 -
'Owner Operator/Lessor City of Carlsbad Business License No.:
I m: 1 ~ Bid Item No. from the bid Drowsal. pages 9 through 10. inclusive. Column Column 2 -The dollar amount of the iiem to be peiformed by the Owner OperatorlLessor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractoh overhead and profit for work done by both the Contractor's and the Owner OperatorlLessor's forces on the Item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages 9 through 10, inclusive.
Page of pages of this Owner Operator/Lessor form
.r-
Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on thls document may be submitted by the Bidder up to 24 hours after the deadline for submining bids contained in the NoUca InvlUng Bids.'
~~
9/11/00 Contract No. 3623 Page 20 of 80 Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
CHARLEEN CIRCLE
(To Accompany Proposal)
CONTRACT NO. 3623
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
43 9/11/00 Contract No. 3623 Page 21 of 80 Pages
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BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CHARLEEN CIRCLE
CONTRACT NO. 3623
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge hisher responsibility, experience and skill. An attachment can be used.
Q 9/11/00 Contract No. 3623 Page 22 of 80 Pages
f
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERSJ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CHARLEEN CIRCLE
CONTRACT NO. 3623
As a required part of the Bidder's proposal the Bidder must attach either of the following to this
page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
cumpany that the Contractor proposes.
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
G 9/11/00 Contract No. 3623 Page 23 of 80 Pages
ACORQn CERTIFICATE OF LIABILITY INSURANCE DllElMM~Oll*)
02/14/2002
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATER OF INFORMATION
S.J.P. INSURANCE SERVICES ONLY AND CONFERS NO RlQHTS UPON THE CERTIFICATE WDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR '33 N. LANTANA ST. #I20
805-484-8707
ALTER THE COVERAQE AFFORDED BY THE POLICIES BELOW.
MARILLO, CA 93010 INSURERS AFFORDINQ COVERAGE
NSURm GUATAY EQUIPMENT CO.
MICHAEL HUSLEIN,dba
NSURER*: NORTH AMERICAN CAPACITY INS. CO.
NBVRERL TOPA INSURANCE COMPANY
INSURERC: GREAT AMERICAN- INSURANCE co. 2455 ALPINE BLVD #A
ALPINE, CA 91901
1619-445-5165
MSURER D
NSURERE
COMRNED SlmLE LiMlT (ES emam 1,000,000
BOOILYMJURY I
1,000 DED COLL PROPEW OWE (Pel added) s 1 hAOEWBLITI AWO ONLY - EA ACCIDENT S
E.L. DI8E4Ee - €4 EMPLOYEE I I
OmUI EQUIPMENT
SCHEDULED
E.L.DISEP~E.PDUCVLM a
$1,000 DEDUCTIBLE
C $100,000 LIMIT 02/06/03 02/06/02 MAC1359307 LEASED/RENTED
DEIICRPTW OF OFS3ATIDIIStDCbTKNSNeHC~LUSIJNS RWED BY~~SEMENTWECULbROM%MS
$374,690 LIMIT
*lo-DAYS NOTICE FOR NON-PAYMENT OF PREMIUM.
SEE ATTACHED CG 20 10 11 85 FOR ADDITIONAL INSUREDS.
ALL OPERATIONS OF THE NAMED INSURED.
CERTIFICATE HOLDER I X I aD-NIL ~SWR NWBI LEITLW A CANCELLATION
BHOUU)ANVOF~HEA~OMDESCRIBEDWUClEdBECdNCELLA)WBORETHEEXPRITD~
OIlTE TIRWM. THE BUN0 WSUR6R WLL ENDE*W)R TO HbL 2 BbY% WlITl'Vd THE CITY OF CARLSBAD , PURCHASING DEPARTMENT
1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 I I I I
ACORD 25-6 IflS7) I 0 ACORD CORPORATION 1908
INSURED: GUATAY EQUIPMENT CO
r-
Policy Number: PNG 0000186-00 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-
SCHEDULED PERSON OR ORGANIZATION
(FORM B)
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: The City Of Carlsbad, ita officials, employees
and volunteers
(If no entry appears above, information required to complete this endorsement will be show
in the Declarations as application to this endorsement.)
...' any person or organization with whom you agreed, because of a written contract or
agreement or permit insurance such as is afforded under this policy, but only with respect
to your operation, 'your work' or facilities owned or used by you'
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your
work" for that insured by or for you.
PRIMARY WORDING
It is agreed that such insurance as is afforded by the policy for the benefit of the listed
Additional Insured shall be primary insurance, and any other insurance maintained by the
Additional Insured shall be excess and non-contributory.
CG 20 10 f 1 85
CERTIFICATE HOLDER COPY
.STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
FUN D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
COMPENSATION
INSURANCE
”
JANUARY 25, 2002 GROUP: POLICY NUMBER: CERTIFICATE ID: CERTIFICATE EXPIRES: 02-01-2003
1525956-2002 30
02-01-2002/02-01-2003
CITY OF CARLSBAE
PURCHASING DEPARTMENT
1635 FARADAY AVE
CARLSBAD CA 92008-7314
.Insurance Commissioner to the employer named below for the policy period indicated. This is to certify that we have issued a valid Worker’s Compensation insurance policy in a form approved by the California
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer,
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
AUTHORIZED REPRESENTATIVE PRESlOENl
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
EMPLOYER
.. -
‘2455 ALPINE BLVD # A HEUSLEIN, MICHAEL
ALPINE CA 91901
SClF 10265 [EPF-VI: MP 1
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CHARLEEN CIRCLE
CONTRACT NO. 3623
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California? x Yes no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred
period of debarment
party debarred
agency
period of debarment
BY CONTRACTOR: c’
By:
Page I of pages of this Re Debarment form
9/11/00 Contract No. 3623 Page 24 of 80 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
CHARLEEN CIRCLE
(To Accompany Proposal)
CONTRACT NO. 3623
Contractors are required by law to be licensed and regulated by the Contractors' State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California
Contractors' State license Board tws ar more times within an eight year period? x no
2) Has the suspension or revocation of your contractors license ever been stayed? x " no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
L no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to
perform any portion of the Work ever been stayed? K
Yes nu
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page 1 of3 pages of this Disclosure of Discipline form
9/11/00 Contract No. 3623 Page 25 of 80 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
CHARLEEN CIRCLE
CONTRACT NO. 3623
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
”
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR
\-,tJA”fi~.\ €0 c/ I PmEdT (namaf Contractor)
By: d
(sign here)
mrrgWI kj !?us LE/n)/OL*ln/E.R (print namehitle)
Page 3 of 7 pages of this Disclosure of Discipline form
e 9/11/00 Contract No. 3623 . Page26of 80Pages
E I NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CHARLEEN CIRCLE
CONTRACT NO. 3623
PUBLIC CONTRACT CODE SECTION 7106
State of California )
0dfi"Y 6&"7om.G)L1/ " , being first duly sworn, deposes ' (Name of Bidder) u
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
genuine a~rl not collusive or sham; that the bidder has not directly or indirectly induced or solicited
ccd:adrsc;d person, ?artnership, company, associatiopl? orpnization, or corpcration; that the bid is
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded. conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the 26 day of Nnve~,br .2u.
-
Signahre of Bidder
Subscribed and sworn to before me on the sb day of -s 2oa.
(NOTARY SEAL)
., .. ." Signature of Notary
5c.q We@
Contract No. 3623 Page 27 of 80 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 5Th day of Ma uH , 20=, by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "Civ),
and GUATAY FOUIPM€NT CO. whose principal place of business is
2455 ALPINE BLVD.,STE A, ALPINE CA 91901 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: CHARLEEN CIRCLE CONTRACT NO. 3623
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
Supplemental Provisions, and all proper amendments and changes made thereto in accordance
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision
relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract wilt not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard
Specifications for Public Works Construction (SSPWC) 2000 Edition, and the supplements thereto,
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working
day of each month.
a 9/11/00 Contract No. 3623 Page 28 of 80 Pages
5. Independent investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about underground
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
conditions or other job conditions is for Contractor's convenience only, and City does not warrant
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class 111 disposal site in accordance with provisions of existing law.
B. Dlffering Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditlons. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or
In the event that a dispute arises between City and Contractor whether the conditions materially
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
employment of all agents, employees, subcontractors, and consultants that are included in this
and will comply with these requirements, including, but not limited to. verifying the eligibility for
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
to California Labor Code, section 1775. Contractor shall pay prevailing wages. Contractor shall post
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant
copies of all applicable prevailing wages on the job site.
G 9/11/00 Contract No. 3623 Page 29 of 80 Pages
"
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
The expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
against claims for injuries to persons or damage to property which may arise from or in connection
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provlsions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain. or are endorsed to contain, the following provisions.
"
rlli 9/11/00 Contract No. 3623 Page30of 80Pages
"
"
a. The City, its officials, employees and volunteers are to be covered as additional insured as
completed operations of the contractor; premises owned, leased, hired or borrowed by the
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it.
to the City, its officials, employees or volunteers.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
(C) Notice Of Canceilatlon. Each insurance policy required by this agreement shall be endorsed
coverage or limits except after thirty (30) days' prior written notice has been given to the City by
certified mail, return receipt requested.
(D) Dedudlbles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain
its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(0) Acceptabliity Of insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
(H) Verlflcatlon Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
a 9/11/00 Contract No. 3623 Page 31 of 80 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
$375,000 to the City using the informal dispute resolution process described in Public Contract
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
for breach of this agreement.
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(0) Debarment from Other Jurlsdlctlons. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
I have read and understand all provisions of Section 11 above. bi%&nb init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail
of any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
9/11/00 Contract No. 3623 Page 32 of 80 Pages
14. Securlty. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL) n
ne and title) k. LOMI
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Q 9/11/00 Contract No. 3623 Page 33 of 80 Pages
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r-
_. .-
’.! ..
OrlJLv\ au,
Data ’ 2a2. before me, -c am^ ana me of orur (0.9.. ‘~ane DOC. NWW pycPc-)
personally appeared Tu\\r %.act t\ P ci 5 k \ v\ NamelI) d Sgnsrln)
@personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person
subscribed to th
acknowledged to me that he/%e/%ey executed
the same in his/Mr/tyir authorized
the entity upon behalf of which the personp)
acted, executed the instrument.
WITNESS my hand and official seal.
), and that y his/h)er/tqir
on the instrument the person@, or
OPTIONAL
Thowh lhe information below is not required by law. if may prove valuable lo persons relying on the document
.:x% and could Prevent fraudulent removal and realiachmenl of this form lo another docu 7‘
Description of Attached Document
Title or Type of Document: ,
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Altorney in Fact
Signer Is Representing:
. Jan.28 02 10: 15a Guatay Equipment
MND# 156170
PREMIUM INCLUDED IN PWPORELANCE BOND
LABOR AND MATERIALS BOND
P.4
. '. .b ..
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
n17 ,adopted 1/8/02 , has awarded to
GUATAY EQUIPMENT
(hereinafter designated as the "Principal"), a Contract for:
CONTRACT NO. 3623
CHARLEEN CIRCLE
in the City of Carlsbad. in strict conformity with the drawings and specifications, and other Contract
incorporated herein by this reference.
Documents now on file in the Ofke of the City Clerk of the City of Carlsbad and all of which are
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
as Principal, (hereinafter designated as the "Contractor"). and -TY cowpBNy
as Surety, are held Rrmly bound unto the City of Carlsbad in the sum of *
NINE BUNDRED FORTY SE"4 AND N0/100* Dollars
($ 89,947.00 ), said sum being an amount equal to:
One hundred percent (100%) of the total estimated amount payable under said contract by the City
of Carisbad under the terms of the contract when the total amount payable does not exceed five
million dollars ($5,000,000) or,
Carlsbad under the terms of the contract when the total amount payable is not less than five million
Fifty percent (50%) of the total estimated amount payable under said contract by the City of
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) or,
Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000)
and for which payment well and truly to be made we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hislher subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court. as required by the provisions of section 3248 of the California Civil Code.
9/11/00 Contract No. 3623 Page 34 of 80 Pages
P- 5 Jan'2B 02 10:lSa Guatay Equipment 619-445-3628
[
!
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to
tile claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
specifications.
extension of time, alterations or addition to the terms of the contract or to the work or to the
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surely from its obligations under this bond.
Executed by CONTRACTOR this Executed by SURETY this 28TE day
day of JANUARY ,2002. of JANUARY I 20". 02
CONTRACTOR: SURETY:
GCIATAY EQUIPMENT
lnarne of Contractor\
AWEBICAN coNTRAcmIis INDEMNITY COPIPANY
fname of Sure&\
BY:- (sign here)
ItiCCM&L Dws LAJ (print name here)
DWVY~ - PgvATpLI €..+@X:
(litre and organization of dignatory)
By: ATTORNEY-IN-FACT
(sign here)
-
of Attorney-in-Fact)"
(print name here)
(attacwoiution showing current powei
of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary rnusf sign for corporations. If only one Officer signs, the corporation must attach a resolution certified by the secrelary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attornev
a @/11/00 Contract No. 3623 Page 35 of 80 Pages
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles. California does hcreby constitute and appoint:
Corrine Brown
as its true and lawful Attorney(s>in-fact, in amount of ~~ooogO~~oo, to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law. statute. rule, regulation. contract or otherwise, and the execution of such instrument@) in pursuance
of these presents, shall be as binding upon the said -CAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all
intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed. and may be certified to and may be revoked, pursuant to and by authority of nsolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of Dccember, 1990.
RESOLVED that the Chief Executive Officer. Pmident or any Vice President, Executive vice President Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s>in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
2. To remove, at any time, any such Attorney-in-fact ad revoke the authority given.
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nahue thereof and,
RESOLVED FURTHER. that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
sbdl be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
t lid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of Mav 9 aQQ-. 0 AMERICANCONTRACT0 S E
3 5 lKoIwuTfD SfK26.Ip90 E 1‘ By: &ZYrnrn Andy Faust, Resident
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he exsuted the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WIRIESS my hand and official sal.
”’
May 9. 2000 before me. Deborah R eese . personally appeared Andv Faust
dl 4@4- c/lecz CERTIFICATION
I. the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Directors of said Company
comet transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
as set forth in said Power of Attorney. with the ORIGINALS ON FLE IN THE HOME OFFICE OF SAID COlviF’ANY, and that same are
fc mdeffect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 28m day of JANUARY 2002 ,
v James H. FergusonYSecretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
On 1-28-02 before me, -.
DATE
NOTARY PUBLIC
NAME. TITLE OF OFFICER - E.G.. .JANE DOE. NOTARY PUBLIC
personally appeared COWNE BROWN
NAMEIS) OF SIGNERIS)
5 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLEIS)
0 PARTNER(S) 0 - LIMITED u GENERAL 0 - ATTORNEY-IN-FACT NUMBER OF PAGES u TRUSTEE(S) 0 GUARDIAtVCONSERVATOR 0 OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSONIS) OR EEmTYIIES)
SIGNER(S) OTHER THAN NAMED ABOVE
019-33 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 - Calloga Park. CA 91309-7184
..
personally known to me
proved to me on the basis of satisfactory
evidence
to be the nameJ.sfis/jid
instrument and
acknowledged to me
the same in
signaturewon the instrument the persoMor
the entity upon behalf of which the person$-$
acted, executed the instrument.
capacityM and
OPTIONAL
7hough the information below is mt mqbWd by law, I may pmva valuable to persons relyfng on the document
and could pnveni fraudulent mnmd and reattachment d this fonn to another document.
Description of Attached Docurne t
Tile or Type of Dccurnent abr a. .,.,a! Rmd
Document Date: \-a8 -02 Number of Pages:
Capacity(les) Claim
Signer’s Name:
0 Individual ~
0 Corporate Officer - Ttle(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 TNStee
Rother:
0 Guardian or Conservator oLLr\4x-
I
Signer Is Representing: r?. 9 U
Jan. 2R 02 10: 153 Guatay Equipment
BOND# 156170
PREMILM:$2,698.00
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No, 2002-012 , adopted 1/8/02 , has awarded to
GUATAY EQUIPWENT , (hereinafter
designated as the "Principal"), a Contract for:
CONTRACT NO. 3623
CHARLEEN CIRCLE
other Contract Documents now on fiie in the Office of the City Clerk of the City of Carlsbad, ail of in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, GUATAY WuIPMwT , as Principal,
(hereinafter designated as the "Contractor"). and AMERICAN CONTRACTORS INDEMNITY COMPANY
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of n"iollars ($ 89.947.00 ), said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, lo be paid to City or its
certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
alteration thereof made as therein provided on their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Carlsbad. its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs an(
there shall be included costs and reasonable expenses and fees, including reasonable attorney':
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, ar.d it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
EIGFEY NINE TEOUSAND,
ie"s 9/11/00 Contract No. 3623 Page 36 of BO Pages
Jan.28 02 10: 15a Guatav Equipment 619-445-3628 P. 3
I i
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 28TE
day of -, 20~.
CONTRACTOR:
GUATAY EQUIpnwT
(name of Contractor)
By:
(sign here)
Executed by SURETY this 28'1~ day of
JAMIBRY, 2002.
SURETY:
AMERICAR CONTRACTORS INDEnxiITY COMPANY
(name of Surety)
1081 CAMIlyO DEL RIO SOUTB 1107
ssWrety)
/ (belep4one +mber of Surety)
By:
(sign here)
(Attach corporate resolution showing Current
(print name here) power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
(President or vice-president and secretary or assistant secretary must sign for corporations. If Only
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
9H 1/00 Contract No. 3623 Page 37 of 80 Pages
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF AlTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMF’M, a California Corporation
(the “Company”), and having its principal office in Los Angeles. California does hereby constitute and appoint:
Corrine Brm
as its true and lawful Attorney(s)-in-fact, in amount of ~3.000*ooo.m, to execute, seal and deliver for and on its behalf as surety, any
allowed, required or permitted by law, statute. rule, regulation, contract or otherwise, and the execution of such instrument(s) in pun-=
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which arc or may
of these presents, shall be as binding upon the said AMERICAN CONTFWCTORS INDEMNITY COMPANY, as fully and amply. to 41 intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may h: revoked. pursuant Lo and by authority of rcsdutions doped by thc Board of Ditors of AMERICAN CONTRACTOM INDE” COMF’ANY, at a meuing called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secrelary.
shall have power and authority.
1. To appoint Attorney(s>in-fact and to authorize them to execute on behalf of the Company. and anach the Seal of the Company
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
RESOLVED FURTHER. that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal sWl bc valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile wal shall t lid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized ofticer this 9th day of Mav 9 2ooo.
On personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person. or the entity upon behalf of which the person actcd.
executed the instrument.
nay 9, 2000 Deborah before me. Reese . personally appeared
WITNESS my hand and official seal.
CERTIFICATION
I. the undersigned offker of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Duectors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
fc mdeffect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 28TA day of .TANITbRV, 7nn7 .
9” #- 3-
James H. FergusonqSecretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907
CALIpoRlyIA
County Of SAN DIEGO
before me, -TT. NOTARY PUBLIC , NAME. TITLE OF OFFCER . E.G.. 'JANE WE. NOTARY PUBLIC'
personally appeared
5 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
CORRI~ BROWN
NAMEW OF SIGNERIS)
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
TITLEIS) TITLE OR TYPE OF DOCUMENT
0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIANICONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NIMEOF PERSONPI MI ENrIlY(IES1
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmel Ave.. P.O. Box 7184 - Canopa Park. CA 91309.7184
personally known to me
evidence
proved lo me on the basis of satisfactory
to be the persorfwhose narneflsw
subscribed to t e within instrument and
the same in hid
acknowledged to me that he/ t executed
and that by his&$+
lr authorized
Zz:$$n the inst cow or
the entity upon behalf of which the persoH
acted, executed the instrument.
OPTIONAL
Though Ihe infomalion Mow is mt qUmd by law, X maypmve valuable lo persons relying on the document
and could pwni kaudubnt remMll and reattachment of this fomt to adher document.
Document Date: \
Signer(s) Other Than Named Above:
- FJ-oa- Number of Pages:
_ys P=(
0 lndviduai ~
0 Corporate Officer -Ttle(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other: T'X93-
Signer Is Representing: \ 1
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad. California, 92008. hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for CHARLEEN CIRCLE, CONTRACT NO. 3623 in the amount
"Contract"). Alternatively, on written request of the contractor, the City shall make payments of the
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
retention earnings directly to the escrow agent. When the Contractor deposits the securities as a
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow
agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial
owner.
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
2. The City shall make progress payments to the Contractor for such funds which otherwise would
Agent holds securities in the form and amount specified above.
agent shall hold them for the benefit of the contractor until such time as the escrow created under
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
this contract is terminated. The contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
of dated (hereinafter referred to as the
@ 9/11/00 Contract No. 3623 Page 38 of 80 Pages
"
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
shall immediately convert the securities to cash and shall distribute the cash as instructed by the Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
securities and interest as set forth above.
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and IO. The names of the persons who are authorized to give written notices or to receive written
exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
G 9/11/00 Contract No. 3623 Page 39 of 80 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
Name
Signature
Address
For Escrow Agent:
a 9/11/00
Title
Name
Signature
Address
Contract No. 3623 Page 40 of 80 Pages
.-
SUPPLEMENTAL PROVISIONS
FOR
CHARLEEN CIRCLE
CONTRACT NO. 3623
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVlSlO.NS
SECTION I --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
or words of similar import are used, it shall be understood that reference is made to the plans
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance". or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further. including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use.
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
- Agency -the City of Carlsbad, California.
City Councll - the City Council of the City of Carlsbad.
e 9/11/00 Contract NO. 3623 Page 41 of 80 Pages
.”
”
”
Clty Manager - the City Manager of the City of Carlsbad or hisher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Englneer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Mlnor Bid item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organlzatlon - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered. as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Publlc Works Manager- The Construction Manager’s immediate supervisor and second level of
appeal for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviatlon Word or Words
Apts ...................................... Apartment and Apartments
CMWD .................................. Carlsbad Municipal Water District
CSSD .................................... Carlsbad Supplemental Standard Drawings
cfs ......................................... Cubic Feet per Second
Comm ................................... Commercial
DR ........................................ Dimension Ratio
E ........................................... Electric
G ........................................... Gas
gal ......................................... Gallon and Gallons
Gar ....................................... Garage and Garages GNV ...................................... Ground Not Visible
gpm ....................................... allons per minute
IE .......................................... Invert Elevation
LCWD ................................... Leucadia County Water District
Bldg ...................................... Building band Buildings
@ 9/11/00 Contract No. 3623 Page 42 of 80 Pages
..
MSL ...................................... Mean Sea Level (see Regional Standard Drawing "12)
MTBM ................................... Microtunneling Boring Machine
NCTD .................................... North County Transit District OHE ...................................... Overhead Electric
OMWD .................................. Olivenhain Municipal Water District
ROW ..................................... Right-of-way S ........................................... Sewer or Slope, as applicable
SDNR ................................... San Diego Northern Railway
SDRSD ................................. San Diego Regional Standard Drawing
SFM ...................................... Sewer Force Main T ........................................... Telephone
W Water, Wider or Width, as applicable
UE Underground Electric
WD ..................................... Vallecitos Water District
........................................ ..........................................
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor's own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (IO) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete,
"who is listed in the latest version of U.S. Department of Treasury Circular 570,".
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performanceharranty bond shall be in the amount of 100 percent of the contract price. The
equal to:
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
total amount payable does not exceed five million dollars ($5,000.000)..
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($10,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section.
_-
a 9/11/00 Contract No. 3623 Page43of 80Pages
The faithful performanceharranty bond will be reduced to 25 percent of the original amount 30 days
afler recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
days after recordation of the Notice of Completion if all claims have been paid.
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
following documents:
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
2) A certified copy of the certificate of authority of the insurer issued by the insurance
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner.
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2000 Edition, and the 2000 supplements
thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative
Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of one set of drawings designated as City of Carlsbad Drawing No.
395-2 which consists of 3 sheets. The standard drawings used for this project are the latest edition
of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the
San Diego County Department of Public Works, together with the most recent editions of the City of
Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City
of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as
CMWDSD. as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
standard drawings are enclosed as an appendix to these Supplemental Provisions.
the most recent edition of the following documents listed in order of highest to lowest precedence:
Contract Documents, the document highest in precedence shall control. The precedence shall be
2) Supplemental Provisions.
1) Permits from other agencies as may be required by law.
4) Standard Plans.
3) Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
a 9/11/00 Contract No. 3623 Page 44 of 80 Pages
"
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of
transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
4) Specification section number(s) pertaining to material submitted for review.
3) Contractor's certification statement.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval."
the same materials.)
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion
various bid items and no additional payment will be made therefor.
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
f
a 9/11/00 Contract No. 3623 Page 45 of 80 Pages
”
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor
or a registered civil engineer authorized to practice land surveying within the State of California,
The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days
hereinafter Surveyor, to establish the location of the monument before it is disturbed.
after construction at the site of the replacement is completed. The Surveyor shall file corner
record(s) as required by §$ 8772 and 8773, et seq. of the California Business and Professions
Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary
to construct the work, provide surveying services as required herein and provide surveying, drafting
and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise
and certify the surveying work.
Add the following section:
2-9.2.1 Submlttal of Surveylng Data, All surveying data submittals shall conform to the
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
requirements of section 2-5.3.3. ‘Submittals”, herein. The Contractor shall submit grade sheets to
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (8’4” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the
location of the monuments set. The field notes and calculations will be labled with name of the
They shall be annotated with the date of observation or calculation, be numbered with consecutive Surveyor, the party chief, field crew members and preparer of the field notes or calculations.
page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with
the CALTRANS ‘Surveys Manual”. The Contractor shall have a Record of Survey prepared by the
Surveyor and file it in conformance with $9 8700 - 8805 of the State of California Business and
Professions Code when the Surveyor performs any surveying that such map is required under $5
8762 of the State of California Business and Professions Code and whenever the Surveyor shall
establish, set or construct any permanent survey monument. SDRS drawing “10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing
steel and all monuments and marks that are at, or accessory to, property corners and street
centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the
The record of survey shall show the location and justification of location of all permanent
unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000.
” procedure of survey and the degree of accuracy attained by the field surveying including the
Q 9/11/00 Contract No. 3623 Page 46 of 80 Pages
monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be
submitted for the Engineer's review and approval before submittal to the County Surveyor and
before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations
where the curb is not being built as a part of this contract. Staking and marking shall be completed
by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was
set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be
activities within the limits of the work. When curb and gutter does not exist and is not being installed
preserved that are shown on the plans shall be staked and flagged prior to the start of any other
the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility
as a part of the project the location of adjacent facilities being constructed as a part of the contract
vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by
the Contractor and/or those noted on the plans as to be installed by others.
Survey Requirements for Construction Staking
TABLE 2-9.2.2(A)
Feature Staked Stake Settlng Tolerance Lateral Centerllne or Parallel to Centerline
Description
0,
Spaclnga, @ Spaclng @, @ (Wlthln)
Street Centerline 7 mm (0.02') on street 5300m (1000'), Street Intersections, Begin SDRS "10 Monument
0.3 m (1') Horizontal at clearing line lath - Intervisible, 5 15m (50') on tangents Lath in soil, Clearing
section 2-9.2.1 herein plans
Horizontal. also see centerline and end of curves, only when shown on the
painted line 8 5 7.5m (25') on curves, Painted line - on PCC & AC
surfaces continuous
Slope
30 mm (0.1') Horizontal N/A 5 60 m (200') on tangents, 5 15m (50') on RP + Marker Fence
30 mm (0.1') Vertical & Grade Breaks lntervislble and 5 15m (50') RP + Marker
Stake
curves when R2 300m (1000') & 7.5m (25') on Stake
Horizontal 8 57.6 m (25')
(Constant
curves when Rs 300m (1000') offset)
Rough Grade Cuts 30 mm (0.1') Vertical & NIA 5 15m (50') RP + Marker
or Fills 2 10 m Horizontal Stake
(33')
Final Grade 10 mm ('1;) Horizontal 56.7 m (22') 5 15 m (50') on tangents & curves when R2 RP + Marker & 7 mm (i/;) Vertical (includes top of:
area subbaseand top in grading Basement soil. 300m (1000') as 7.5m (25') on curves when Stake, Blue-
R 5 300m (1000')
base)
Asphalt Pavement 10 mm e/:) Horizontal edge of
8 7 mm ('I,") vertical pavement, points shown on the plan whichever provides previous Finish Course 5 7.5m (25') or as per the intersection grid RP, paint on
course the denser information width, crown
paving pass
llne & grade
breaks
Drainage 8 7 mm (V,") Vertical
Alignment breaks, Junctions, Inlets & similar & similar
10 mm ('1;) Horizontal as appropriate intervisible & I: 7.5177 (257, beginning and end, RP + Marker Structures, Pipes BC & EC of facilities. Grade breaks, Stake
~- Facilities@, CB facilities, Rlsers & similar facilities (except I I I
curb I RP + Marker I 5 7.5m 125'1. BC & EC. at Vi. YA & %A on I ( constant I10 mm (%') Horizontal
plumbing), Skewed cut-off lines ~ I
Q 9/11/00 Contract No. 3623 Page 47 of 80 Pages
Abutments 8 Engineer, BC 8 EC. transition points &at Stake + Line
Wingwalls beginning & end. Elevation points on footings Point +Guard
8 7 mm ( /;)Vertical
Stake
Superstnrctures & 7 mm (I/,") Vertical 10 mm ('4") Horizontal as appropriate 3 m to 10 m (10' to 33') sufficient to use string RP
at bottom of columns
lines, BC & EC. transition points 8 at
beginning 8 end. Elevation points on footings
at bottom of columns
Miscellaneous Q
Contour Grading
8 7 mm (V,") Vertical 300m (1000') & s 7.5m (25') on curves when Stake
Horizontal line Stake (D
10 mm e//) Horizontal as appropriate s 15 m (50') on tangents & curves when R> RP + Marker Utilities (D, @
30 mm (0.1') Vertical 8 along contour s 15 m (50') RP + Marker
Channels, Dikes & 7 mm (V,") Vertical facilities. Grade breaks, Alignment breaks, Stake a Ditches (D
30 mm (0.1') Horizontal as appropriate Intervisible 8 530 m (low), BC & EC of RP + Marker
R 5 300m (1000') or where grade s 0.30%
Signs (D
Point +Guard
Stake + Line
RP + Marker
Junctions, Inlets & simiiar facilities
At sign location 30 mm (0.1') Vertical & Line point Horizontal
Subsurface 8 7 mm (I/,") Vertical facilities, Grade breaks, Alignment breaks, Stake Drains (D
30 mm (0.1') Horizontal as appropriate intervisible & s 15m (507, BC & EC of RP + Marker
Stake
Junctions, Inlets 8 simiiar facilities. Risers & I I I I Overside Drains I RP + Marker I longitudinal location IAt beginning 8130 mm (0.1') Horizontal
similar facilities
a I Stake I I end
Markers (D RP + Marker for asphalt street surfacing 5 15 m (50') on At marker 7 mm ('/.") Horizontal
I 8 7 mm ('/,"I Vertical
Stake tanoents 8 curves when k 300111 (1000') 8 s iomtion(s)
7.G (25) on curves when R 5 300m (1000).
Railings & 10 mm ('I:) Horizontal at railing 8 At beginning 8 end and s 15 m (50') on RP + Marker
Barriers 0, Stake
10 mm ('1:) Horizontal as appropriate 3 m to 10 m (10' to 33') as requlred by the Box Culverts
30 mm (0.1') Horizontal as appropriate At beginning 8 end RP + Marker AC Dikes (D
8 Vertical barrier tangents & curves when R 2 300m (1000') 8 s
Engineer, BC & EC. transition points & at & 7 mm ('/,"I Vertical
7.5m (25') on curves when R s 300m (1000') location(S)
Stake 8 Vertical * 9/11/00 Contract No. 3623 Page 48 of 80 Pages
" I beginning & end. Elevation points on footings
& at invert I
Pavement I RP I60 m 1200') on tanaents. 15m (50') on curves I at pavement I 7 mm ('I.") Horizontal
I I surfaced streets lane cold joints will suffice I I f.D Staking for feature may be omitted when adjacent marker stakes reference the Offset and elevation of those features
a Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the
installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table
and the accuracy requirements of the RP meet the requirements for the feature
UI Perpendicular to centerline.
0, Some features are not necessarily parallel to centerline but are referenced thereto
@ Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
@ 2 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number
following the symbol. CJ The cut datum for storm drainaoe & sanltarv sewer DiDes 8 similar struchrres shall be their invert. The cut datum for all other utllities shall be the top oftheir pipe 0; conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake
Bench marks
alignments, etc.
Vertical Control
WhiteIRed Coordinated control points, control lines, control reference points, centerline. Horizontal Control
Color- Description
Whte/Orange
Clearing Limits of clearing YellowIBlack
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow 1 grade, etc. I
Structure I Bridges, sound and retaining walls, box culverts, etc. I White
Drainage. Sewer, Curb I PiDe culverts, junction boxes, drop inlets, headwalls, sewer lines. Storm I Blue -. drains, slope protectlon, curbs, gutters. etc. I
Right-of-way
Signs, railings, barriers, lighting, etc. I Orange Miscellaneous
Fences, RI W lines, easements. property monuments. etc. I WhitelYellow
* Flagging and marking cards, if used.
Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
for the replacement of disturbed monuments and the filing of records of survey and/or corner
compensation for attendant survey work and no additional payment will be made therefor. Payment
said monuments and no additional payment will be made therefor.
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
.- of all records in the Contractor's or subcontractor's possession pertaining to the work that the
Engineer may request.
G 9/11/00 Contract No. 3623 Page 49 of 80 Pages
"
Add the following section:
2-10.2 Audlt And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same.
The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its
subcontractors performance pursuant to this Agreement, said monitoring, assessments, and
evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts.
subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract.
At any time during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination, all of
its, and all subcontractors to this contract, records with respect to all matters covered by this
such data and records, and to make audits of all invoices, materials, payrolls, records of personnel,
Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from
and other data relating to all matters covered by this Contract. However, any such activities shall be
carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business
operations. Contractor and all subcontractors to this contract shall maintain such data and records
for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3,
Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by
CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay
factors therein shall be used as multipliers of the rental rates for determining the value of costs for
delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are
not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
and shall constitute the markup for all overhead and profits:
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
2) Materials 15
1) Labor 20
4) Other Items and Expenditures .. 15
3) Equipment Rental 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
................................... ............................. ...................
G 9/11/00 Contract No. 3623 Page 50 of 80 Pages
" (b) Work by Subcontractor. When all or any part of the extra work is performed by a
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Dally Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph fwe (5), and add the following:
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that
the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
believes additional compensation may be due and nature of any and all costs involved within
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
20 working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
e= t? 9/11/00 Contract No. 3623 Page 51 of 80 Pages
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
attempt to resolve all disputes informally through the following dispute resolution chain of command:
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
1. Project Inspector
2. Construction Manager
3. Public Works Manager
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
that "public work" does not include any work or improvement contracted for by the state or the
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
e 9/11/00 Contract No. 3623 Page 52 of 80 Pages
" for any work which may give rise to a claim under this article.
(c) The provisions of this article or a summary thereof shall be set forth in'the plans or specifications
20104.2. For any claim subject to this article, the following requirements apply:
(d) This article applies only to contracts entered into on or after January 1, 1991.
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements othelwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference. if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
purposes of those provisions, the running of the period of time within which a claim must be filed
time utilized by the meet and confer process.
until the time that claim is denied as a result of the meet and confer process, including any period of
(9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
G 9/11/00 Contract No. 3623 Page 53 of 80 Pages
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
The mediation process shall provide for the selection within 15 days by both parties of a shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
the parties fail to select a mediator within the 15-day period, any party may petition the court to
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
judicial arbitration.
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of In no event shall these fees or expenses be paid by state or county funds.
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4. Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
manner of work and character of materials. Inspection or testing of the whole or any portion of the
this Contract.
9/11/00 Contract No. 3623 Page 54 of 80 Pages
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
Add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
found that sources of supply that have been approved do not furnish a uniform product, or if the
any time during their preparation and use. If, after incorporating such materials into the Work, it is
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility
with associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped
to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide
the Engineer a copy of lease agreements for each property where such materials are stored.
The lease agreement shall clearly state the term of the lease, the description of materials allowed
to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that
may pertain to the materials stored and to preparation of the storage site and the location of the
site on which the materials are stored. Loss, damage or deterioration of all stored materials shall
be the Contractor's responsibility. Conformance to the requirements of this section, both within and
outside the limits of work are a part of the Work. The Engineer shall have the right to verify the
suitability of materials and their proper storage at any time during the Work.
a 9/11/00 Contract No. 3623 Page 55 of 80 Pages
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the
limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb
or curb and gutter that is a part of the work and adjacent to the location where such utility structures
are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other
parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
temporary omission is approved by the Engineer the Contractor shall place survey or other physical
control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency
or company. Such temporary omission shall be for the Contractor's convenience and no additional
temporary omission. The portion thus omitted shall be constructed by the Contractor immediately
compensation will be allowed therefor or for additional work, materials or delay associated with the
following the relocation of the utility involved unless otherwise directed by the Engineer.
5-6 COOPERATION.
Add the following:
SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection
6-1 and substitute the following: The Contractor shall begin work within 15 calendar days after
receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or afler the completion of
the preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of sections 6-1.2 through
6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
9/11/00 Contract No. 3623 Page 56 of 80 Pages
"
"
Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work to be done on Charleen Circle
consists of clearing and grubbing (root pruning), unclassified excavation, reconstruction of asphalt
concrete, aggregate base, PCC curb & gutter, driveway, drainage structure, adjust and/or relocate
specifications for this project.
interfering utilities, and miscellaneous appurtenant construction as required by the plans and
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6. "The Contractor's
Representative", SSPWC. No separate payment for these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused
Contractor shall provide continuing daily written notice to the Engineer, each working day,
by the Agency or by any organization that the Agency may otherwise be obligated by. The
throughout the duration of such period of delay. The initial and continuing written notices shall
equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of
include the classification of each workman and supervisor and the make and model of each piece of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within 40 working days after the starting date specified in the Notice to Proceed.
(See also Section 308-6.)
6-7.2 Worklng Day. Add the following: Unless otherwise approved in writing by the Engineer, the
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
hours of work shall be between the hours of 8:30 a.m. and 3:30 p.m. on Mondays through Fridays,
This written permission must be obtained at least 48 hours prior to such work The Engineer may
Contractor desires to work outside said hours or at any time during weekends and/or holidays.
approve work outside the hours and/or days stated herein when, in hislher sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall
pay the inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
G 9/11/00 Contract No. 3623 Page 57 of 80 Pages
."
6.8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for
one (1) year after recordation of a "Notice of Completion" and any faulty work or materials
discovered during the warranty period shall be repaired or replaced by the Contractor, at its
expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty
bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first
sentence of the second paragraph and add the following: For each consecutive calendar day in
excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the
Contractor shall pay the Agency, or have withheld monies due it, the sum of 500 Hundred Dollars
($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor Five Hundred
Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the
specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be
placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers' compensation
insurance.
7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will
obtain, at no cost to the Contractor, alt encroachment, right-of-way, grading, and building permits
necessary to perform work for this contract on Agency property, in streets, highways (except State
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all
the disposal of all materials removed from the project. The cost of said permit(s) shall be included permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for
in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
Es, 9/11/00 Contract No. 3623 Page 58 of 80 Pages
- 7-8 PROJECT SITE MAINTENANCE
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in hislher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered
incidental to the items of work that they are associated with and no additional payment will be made
therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
-. '7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following section:
7-10.1 Traffic and Access. The Contractor shall schedule and control the work so as to prevent
damage by all traffic, including but not limited to mail delivery.
The Contractor shall be responsible for residential trash, vard waste, and recvclinq pickup. Prior to
construction, the Contractor shall make arrangements with the City's contracted waste disposal
company, Coast Waste Management, at 929-9417. Also. the Contractor shall allow for normal mail
deliverv to the residences durina the construction.
Seventy-to hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
impending disruption. For a full street closure, all residences andlor businesses on the affected
the residences and/or businesses directly affected by the work shall be notified.
"
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor's permanent office or field office and the
other number shall be a 24-hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
work and simple instructions to the home or business owner on what they need to do to facilitate the
shall not be connected to either number. The notification shall also give a brief description of the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
G 9/11/00 Contract No. 3623 Page 59 of 80 Pages
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability
to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of
such notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic control
system is displaced, or ceases to operate or function as specified, from any cause, during the
progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that
the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00)
delineation or devices as may be required herein, the Engineer may, at hidher sole option, install
per day per traffic sign or device, or the actual cost of providing such traffic control facility.
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according to
the approved traffic control plan. All construction area signs shall conform to the provisions of
Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of
Section 214-5.1 et seq. All temporary reflective channelizers shall conform to the provisions of
Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking and curb marking
shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be
rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et. seq. for
workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic
control, direction and/or warning shall be furnished, installed and maintained by the Contractor.
Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary
traveled way and from the view of motorists in the traveled way or shielded from the view of the mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the
traveling public during such periods that their message does not pertain to existing conditions.
All excavation required to install stationary construction area signs shall be performed by hand
Care shall be used in performing excavation for signs in order to protect underground facilities.
methods without the use of power equipment. Warning and advisory signs that are used only during
working hours may be portable signs. Portable signs shall be removed from the traveled way and
shielded from the view of the traveling public during non-working hours. During the hours of
darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall
be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in
Section 206-7.2 et. seq. If illuminated traffic cones rather than post-type delineators are used during
Contract No. 3623 G 9/11/00 Page 60 of 80 Pages
the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in
Caltrans '"Standard Specifications", except the sleeves shall be 180mm (7") long. Personal vehicles
of the Contractor's employees shall not be parked within the traveled way, including any section
shoulder within 1.8m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic
closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the
along the edge of the pavement at not less than 7.6m (25') intervals to a point not less than 7.6m
cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and
delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead)
(25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable
sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags.
The sign post or flag tree shall be placed where directed by the Engineer.
Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC "Public Convenience
and Safety." Nothing in these Special Provisions shall be construed as relieving the Contractor from
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications". except the sleeves shall be
seven (7) inches long.
The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within two
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured
from the closest approach of any part of the equipment as it is operated and/or maneuvered in
performing the work. This requirement may be waived when the Engineer has given written
authorization to the reduction in clearance that is specific to the time, duration and location of such
waiver or for the work of installing, maintaining and removing traffic control devices. As a condition
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor's employees shall not be parked within the traveled way,
including any section closed to public traffic. Whenever vehicles or equipment are parked on the
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic
cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and
along the edge of the pavement at 25-fOOt intervals to a point not less than 25 feet past the last
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
All construction traffic control devices shall be maintained in good order and according to the plan
throughout the duration of work. During the entire construction, a minimum of two paved traffic
travel.
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual of Traffic
Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Special
Provisions. The provisions in this section will not relieve the Contractor from its responsibility to
provide such additional devices or take such measures as may be necessary to maintain public safety.
e 9/11/00 Contract No. 3623 Page 61 of 80 Pages
When lanes are closed for only the duration of work periods, all components of the traffic control
the traveled way, shall be removed from the traveled way and shoulder at the end work period.
system, except portable delineators placed along open trenches or excavation adjacent to
by the Engineer, within the limits of the right-of-way.
If the Contractor so elects, said components may be stored at selected central locations, approved
Add the following section:
7-10.3.4 Trafflc Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan
striping operations using an alternative plan until he has submitted its plan to the Engineer and has
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
received the Engineer‘s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and
marks used to establish the alignment of the temporary pavement delineation shall be removed by
grinding.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic.
When temporary pavement delineation is required to be removed, all lines and marks used to
establish the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Preparation of New or Modifications and Additions to Existing Traffic Control Pian
Sheets. If no traffic control plans (TCP) or Traffic Control Staging Plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as part of the Work for any and all
construction activities that are located within the traveled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of Section 2-5.3 et seq. and obtain the
specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
new, modified or added to. for the Engineer’s review. New or revised TCP submittals shall include
features affecting the traffic control plan and the methodology proposed to transition to the
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
subsequent TCP phase. When the vertical alignment of the traveled surface differs from the
e= w 9/11/00 Contract No. 3623 Page 62 of 80 Pages
finished pavement elevation, vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer and of the 'Manual of Traffic
Controls", 1996 Edition, as published by the State of California Department of Transportation.
Such modification, addition, supplement and/or new design of TCP shall be prepared by a
registered professional engineer appropriately registered in the State of California. The Engineer
shall be the sole judge of the suitability and quality of any such modifications. supplements and/or
new designs to the TCP. The Engineer may approve any such modifications, supplements and/or
and/or new designs to the TCP prepared by the registered professional engineer retained by the
new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements
Contractor will be beneficial to the best interests of the Agency. Such modification, addition,
supplement and/or new design shall not be implemented and no work shall be commenced that is
of such modification, addition, supplement and/or new designs of TCP shall not presuppose their
contingent on such approval until the changed TCP are approved by the Engineer. The preparation
approval or obligate the Agency in any fashion. Submittal and review requirements for such
modifications, supplements and/or new designs to TCP shall conform to the requirements of Section
2-5.3, Shop Drawings and Submittals.
Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for-the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions
of the contract.
SECTION 9 - MEASUREMENT & PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.015 Final Pay Quantities. When the estimated quantity for a specific portion of the work is
designated on the bid schedule as a final pay quantity, the estimated quantity shall be the final quantity
for which payment for the specific portion of the work will be made, unless the dimensions of the portion of the work shown on the plans are revised by the Engineer, or unless the portion of the work is
eliminated. If the dimensions of the specific portion of the work are revised, and the revisions result in
an increase or decrease in the estimated quantity of the portion of the work, the final quantity for
payment will be revised in the amount represented by the changes in the dimensions. If the specific
will be eliminated.
portion of the work is eliminated, the final pay quantity designated for the specific portion of the work
The estimated quantity for each specific portion of the work designated on the plans or specifications
as a final pay quantity shall be considered as approximate only and no guarantee is made that the
quantities which can be determined by computations, based on the details and dimensions shown on
the plans, will equal the estimated quantities. No allowance will be made in the event that the
quantities based on computations do not equal the estimated quantities.
a 9/11/00 Contract No. 3623 Page 63 of 80 Pages
9-1.4 Unlts of Measurement. Modi as follows: The system of measure for this contract shall be
the US. Standard Measures.
9-3 PAYMENT
9.3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”.
9-3.2 Partlal and Flnal Payment. Modify the second paragraph as follows: Each month,
the Engineer will make an approximate measurement of the work performed to the closure date as
basis for making monthly progress payments. The estimated value will be based on contract unit
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
prices, completed change order work and as provided for in Section 9-2 of the Standard
afier the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for his information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt
of the supplemental payment request, the Engineer shall, as soon as practicable afler receipt,
determine whether the supplemental payment request is a proper payment request. If the
Engineer determines that the supplemental payment request is not proper, then the request shall
be returned to the Contractor as soon as practicable, but not later than seven (7) days afler receipt.
The returned request shall be accompanied by a document setting forth in writing the reasons why
the supplemental payment request was not proper. In conformance with Public Contract Code
Section 20104.50, the City shall make payments within thirty (30) days afler receipt of an
of the undisputed supplemental payment request is not made within thirty (30) days afler receipt by
undisputed and properly submitted supplemental payment request from the Contractor. If payment
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: Afler final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will review the disputed item within 30 calendar days and make any appropriate
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
a 9/11/00 Contract No. 3623 Page 64 of 80 Pages
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2, all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of Final Payment estimate. No claim will be
written notice or protest is required under any provision of this contract including sections 3-4 considered that was not included in this written statement, nor will any claim be allowed for which
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
and it will be the responsibility of the Contractor to furnish within a reasonable time such further basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobllizatlon and Preparatory Work. Payment for mobilization and preparatory work will
be made at the lump sum price bid in the bid schedule and includes full compensation for furnishing
all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for
doing all the work involved in mobilization and preparatory work and operations, including, but not
limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to
preparing to conduct work on and off the project site and other offsite facilities necessary for work
on the project; for all other facilities, sureties, work and operations which must be performed or
costs incurred prior to beginning work on various contract items on or off the project site, excepting
those specifically paid for under separate sections of these specifications.
Progress payments for mobilization and preparatory work will be made as follows:
the amount bid for mobilization and preparatory work will be allowed. For the second progress For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefore.
a 9/11/00 Contract No. 3623 Page 65 of 80 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section
200-2.2).
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201.1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A). Modify as follows:
TABLE 201-1.1.2(A) Is)
PORTLAND CEMENT CONCRETE
Type of Construction
12) 330-C-23 All Concrete Used Within the Riaht-of-Wav
Concrete
Class
Maximum
Slump mm (inches)
I I (560-C-3250) (') I
Trench Backfill Slum, I 11 5-E-3 I 200 (8") I .. I (190-E-400)
Street Light Foundation and Survey Monuments I 330-C-23 I 100 (4") - I (560-C-3250) I ..
Except as noted herein:
as per Table 201-1.1.2(A) SSPWC.
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be
(2) As per Table 201-1 .I .2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1 2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface
course, and BAR 4000 for base course.
a 9/11/00 Contract No. 3623 Page 66 of 80 Pages
203-6.6.2 Batch Plant Method, Modi@ as follows: Third paragraph, last sentence, delete ‘and
from the Engineer‘s field laboratory”. Last paragraph, add after D 2172: “Method A or B.”
203-6.7 Asphalt Concrete Storage. Add the following: Open graded asphalt concrete
stored in excess of 2 hours, and any other concrete stored in excess of 18 hours, shall not be used
in the work.
SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES
204-1 LUMBER 8 PLYWOOD
TABLE 204-1.2 (A) Add the following:
TABLE 204-1.2(A)
USES
grade Douglas Fir 100 mm (2x4”)
number 1 grade Redwood, or treated number 1 Headers for bituminous pavement up to 50 mm x
construction grade Douglas Fir 100 mm (2x4”)
construction grade Redwood or treated Headers for bituminous pavement up to 50 mm x
GRADES
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.1 Permanent Trafflc Signs Permanent traffic signs shall consist of all signs used for the
direction, warning , and regulation of vehicle (including bicycle) and pedestrian traffic upon the
completion of the Work.
Add the following section:
206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform
to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”,
Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 19801, all published by the State of California, Department of Transportation, Division of
95819 and as modified herein. Where the “SPECIFICATIONS FOR REFLECTIVE SHEETING
Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA
SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation
or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow
testing, approval, observation of manufacturing or assembly operations by the State of California,
Department of Transportation and/or its employees or officials, such rights shall be vested in the
Engineer.
Add the following section:
206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIONS FOR
OF THE CITY OF CARLSBAD”.
REFLECTIVE SHEETING SIGNS, October 1993”. except that the notation shall be “PROPERTY
om ts 9/11/00 Contract No. 3623 Page 67 of 80 Pages
,"
Add the following section:
206-7.1.3 Drawlngs. Modify the "Specifications for Reflective Sheeting Signs, October 1993" as
follows: Standard signs shall be as per the most recent approved "Approved Sign Specification
Sheets" of the State of California, Department of Transportation. The date of the approval shall be
the date most closely preceding of manufacture of the sign@) or the date of the "Notice to Proceed" of this contract, whichever is most recent.
Add the following section:
206-7.1.4 Reflective Sheeting. Modify the "Specifications for Reflective Sheeting Signs, October 1993" as follows: All warnings signs and all regulatory signs, shall be fabricated with Type 111
encapsulated lens sheeting conforming to the requirements of this specification.
Add the following section: 206-7.1.5 Substrate. Modify the "Specifications for Reflective Sheeting Signs, October 1993" as
follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle
(including bicycle) and pedestrian traffic shall use a aluminum substrate.
Add the following section:
206-7.1.5 Mounting Trafflc Signs. Traffic signs shall be installed as requires by San Diego
Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on
that drawing, on wood posts in the same manner shown on the State of California, Department of
Transportation "standard Plans" 1995 edition standard plans number RSI, RS2. RS3 and RS4 for
installation of roadside signs.
Add the following section:
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor's performance of the Work. Temporary traffic signs shall include both stationary and
portable signs.
Add the following section:
206-7.2:l General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993",
Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of
dimensions and details, dated April 1987, and "OPAQUE COLOR CHART". dated February 19801,
ail published by the State of California. Department of Transportation, Division of Procurement
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as
modified herein. Where the 'Specifications For Reflective Sheeting Signs, October 1993" require
the Contractor or supplier to notify the Department of Transportation or to certify compliance to said
"Specifications For Reflective Sheeting Signs, October 1993 to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operations by the State of
California, Department of Transportation andlor its employees or officials, such rights shall be vested in the Engineer.
Add the following section: 206-7.2.2 Drawings. Modify the 'Specifications for Reflective Sheeting Signs, October 1993" as
follows: Standard temporary traffic signs shall be as per the most recent approved "Approved
Sign Specification Sheets" of the State of California, Department of Transportation. The date of the
approval shall be the date most closely preceding of manufacture of the sign@) or the date of the
"Notice to Proceed" of this contract, whichever is most recent.
_- 206-7.1.5 Temporary Trafflc Slgns. Temporary traffic signs shall consist of all signs used for the
.~ -
G 9/11/00 Contract No. 3623 Page 68 of 80 Pages
_- Add the following section:
206-7.2.4 Reflective Sheeting. Modify the "Specifications for Reflective Sheeting Signs, October
1993" as follows: All warnings signs and all regulatory signs, shall be fabricated with Type 111
encapsulated lens sheeting conforming to the requirements of this specification.
Add the following section:
206-7.2.4 Substrate. Modify the "Specifications for Reflective Sheeting Signs, October 1993" as
follows: Excepting only construction warning signs used at a single location during daylight hours
for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation
of vehicle (including bicycle) and pedestrian traffic shall use a aluminum substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic
signs shall in installed in wood posts in the same manner shown on the State of California,
Department of Transportation "Standard Plans" 1995 edition standard plans number RSI, RS2, RS3
and RS4 for installation of roadside signs panels will not be required.
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 at least 2.1 m
c) Construction area sign posts may be installed on above ground temporary plalform sign
supports as approved by the Engineer, or the signs may be installed on existing lighting standards
or other supports as approved by the Engineer. When construction area signs are installed on
existing lighting standards, holes shall not be made in the standards to support the sign.
d) The post embedment shall be 0.8-m (32") if post holes are backfilled around the posts with
295-C-17 (500-C-2500) portland cement concrete. e) When break-away sign posts (SDRS "45) are used one post shall be provided for each 0.48
m' (5 ff) of sign area.
signs are installed and the type of sign installation is not shown on the plans, post size and the
Post size and number of posts shall be as shown on the plans, except that when stationary mounted
number of posts will be determined by the Engineer. Posts shall be good sound wood posts,
suitable for the purpose intended. Sign panels for stationary mounted signs shall consist of Type
specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993".
IllA reflective sheeting applied to a sign substrate. Sign panels shall conform to the requirements
Add the following section:
206-7.2.6 Portable Temporary Traffic Signs Each portable temporary traffic signs shall consist of a base, standard framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the "Specification For Reflective
Sheeting Signs, October 1993", or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and
legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of the Special Provisions. The height to the bottom of the sign panel above the
edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall
be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required.
(7').
Q 9/11/00 Contract No. 3623 Page 69 of 80 Pages
r-
Add the following section:
206-7.2.6 Maintenance of Temporary Trafflc Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress-of the work, the Contractor shall maintain all
temporary traffic signs used in the Work in a clean, reflective and readable condition.
The contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the
Work within 18 hours of being marked by graffiti.
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS.
Add the following section:
212-1.8 Root Barriers. Root barriers shall be no less than 29" in depth. Root barriers shall be
'Biobarrier", as manufactured by Reemay. Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138,
Phone 615-847-7000, no substitutes will be accepted.
Q 9/11/00 Contract No. 3623 Page 70 of 80 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
Add the following:
trees, shrubs, vegetation and objectionable materials within the limits of construction in accordance
300-1.1 General. Clearing and grubbing shall consist of clearing natural ground surfaces of all
with the provisions of Section 300-1, "Clearing and Grubbing," of the Standard Specifications and in
accordance with the plans with these Special Provisions and as directed by the Engineer.
A.C. pavement, or any other objectionable material encountered in connection with the construction
Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete,
of the project improvements.
Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all
facilities so indicated on the plans which are not designated as separated bid items or which are not
included in other bid items.
In addition to the above items, clearing and grubbing shall include, but not limited to the following
items as shown on the plans or specified in these Special Provisions:
Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and
disposal of asphalt concrete, base and concrete.
Protection of existing and relocated utility structures prior to and during construction of proposed
improvements.
Furnishing and applying water.
Dust control.
Maintenance of project appearance.
Control of water and dewatering during construction.
Clean up of project upon completion of work.
Adjustment to grade of miscellaneous items such as drainage inlets, utility boxes, valves, manholes,
pullboxes, interfering portions of storm drain pipes, posts, and poles which are not designated as
separated bid items or which are not included in other bid items.
system damaged during construction).
Replacement of all existing landscaping (including the replacement of plant materials and irrigation
G 9/11/00 Contract No. 3623 Page 71 of 80 Pages
Contractor must protect in place all utilities, irrigation systems, sprinklers, hose bibs, curb drains,
trees, fences, walls, pavers, bricks, and other facilities, except those specifically shown on plans or
directed by the Engineer to be removed or relocated.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9 and 300-1 of the
show or these Specifications indicate to be protected. Any structure or facility to be protected which Standard Specifications. This item shall also include those structures and facilities which the plans
is damaged as a result of the Contractor, shall be repaired or replaced at his cost, to the satisfaction
of the Engineer.
The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage on streets or adjacent areas. Clean up of spillage will be at the Contractor's expense.
All material removed from the site shall be disposed of at the Contractor's expense at a site approved by the Engineer.
Protection of Existing Trees. (Construction Zone). Work in this section shall include the
protection and pruning of existing tree roots within the construction corridor.
The trees are overmature Tipuanatipu. These trees shall be protected-in-place and impacts due to
construction of the street improvements shall not cause death or decline of the trees.
A meeting shall be held on-site prior to the start of construction and any protective measures. The meeting shall be called by the Contractor and shall include the project arborist, City Engineer and City Landscape Architect.
Root pruning or cutting shall be supervised by a project arborist or designated City representative. No root cuttina may occur unless the arborist or Citv rewesentative is Dresent. At the direction of the arborist, roots over one inch (1") in diameter may be cleanly cut at the edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots mav not be cut. The roots shall be cut with a VERMEER Model T-300B root-cutter or approved substitution to a
depth of eighteen (18) inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City Landscape Architect. All damage to trees shall be reported promptly to the arborist for appropriate treatment. The regional distributor for the root-cutting
machine is Vermeer-California, Ontario, CA (714-947-1001).
existing trees" including but not limited to protecting, pruning or cutting of existing tree roots, shall be Payment for "Protection of Existing Trees" (Construction Zone). Full compensation for "protection of
compensation will be allowed therefore.
included in the contract lump sum price bid for clearing and grubbing and no additional
300-2 UNCLASSIFIED EXCAVATION
Add the following: 300-2.1 General. Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction
of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of
the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. - ';P 9/11/00 Contract No. 3623 Page 72 of 80 Pages
"
300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not
limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable
soils at specific locations or elevations on the site.
Add the following: 300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the
project. The Contractor shall utilize highway legal haul trucks for this export of material from the
construction equipment, as defined in Section 565 of the California Vehicle code, will be allowed for
project site and to a site secured by the Contractor. No earth moving equipment or special
hauling material on public streets.
Substitute the following:
work ordered by or deleted by the Engineer, shall be the quantity indicated in the proposal for street 300-2.9 Payment. Quantities of Unclassified Excavation used for payment, other than additional
actual amount required to complete the project was less or greater than the amount indicated in said
improvement project and no increase or decrease in this amount will be allowed whether or not the
site.
proposal. No additional compensation will be allowed for hauling excess materials to a disposal
Add the following section:
within the roadway and sidewalk areas shall be finished within 30mm (0.1') of the grades shown on
300-2.10 Gradlng Tolerance. Excavated areas other than slopes and subgrade below structures,
the plans. Subgrade tolerances shall conform to the requirements of Section 301-1.4 SSPWC.
300-4 UNCLASSIFIED FILL
Add the following: 300-4.2 Preparation of Fill Areas. Except as provided in Section 300-4.7, 'Compaction", areas
proposed for improvements all fill (including backfill and scarified ground surfaces) shall be
compacted to no less than 90 percent of maximum dry density as determined in accordance with
ASTM Test Procedure D1557-91.
Add the following:
3004.5 Placing of Fill Materlal. Areas to receive fill should be scarified, moisture conditioned
as necessary and compacted. Fill soils may then be placed and compacted to the design finish
grade elevations. All fill should be compacted to at least 90 percent of laboratory maximum dry density in accordance with ASTM Test Procedure D1557-91, at or slightly above optimum moisture
content. The upper 12 inches of subgrade materials within the proposed paved areas should be
compacted to at least 95 percent relative compaction.
Soil fill shall be placed by the Contractor in accordance with the following recommendations:
Soil fill shall be placed by the Contractor in layers that, when compacted, should generally not
exceed 8 inches. Each layer shall be spread evenly and shall be thoroughly mixed during spreading to obtain uniformity of material and moisture in each layer. The entire fill shall be constructed as a
unit in nearly level lifts.
In general, the soil fill shall be compacted at a moisture content at or above the optimum moisture
content as determined by ASTM D1557-91.
When the moisture content of soil fill is below that specified by the Engineer, water shall be added
by the Contractor until the moisture content is in the range specified.
G 9/11/00 Contract No. 3623 Page 73 of 80 Pages
When the moisture content of the soil fill is above the range specified by the Engineer or too wet to
achieve proper compaction, the soil fill shall be aerated by the Contractor by bladinglrnixing, or other
satisfactory methods until the moisture content is within the range specified.
After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted by
the Contractor to a relative compaction of at least 90 percent. Relative compaction is defined as the
ration (expressed in percent) of the in-place dry density of the compacted fill to the maximum
laboratory dry density as determined in accordance with ASTM D1557-91. Compaction shall be
continuous over the entire area, and compaction equipment shall make sufficient passes so that the
specified minimum relative compaction has been achieved throughout the entire till.
Soils having an Expansion Index of greater than 50 may be used in fills if placed at least 3 feet
below finished pad grade and should be compacted at a moisture content generally 2 to 4 percent
greater than the optimum moisture content for the material.
Add the following:
300-4.7 Compaction. Compaction of soil or soil-rock fill shall be accomplished by sheepsfoot or
types of acceptable compaction equipment. Equipment shall be of such a design that it will be
segmented-steel wheeled rollers, vibratory rollers, multiple-wheel pneumatic-tired rollers, or other
capable of compacting the soil or soil-rock fill to the specified relative compaction at the specified
moisture content.
Delete and substitute the following:
300-4.9 Measurement and Payment. Unclassified fill, grading, shaping, compacting or
consolidating, slope rounding, construction of transitions and all work included in an incidental to
Section 300-4. “Unclassified Fill”, will be paid for as a part of unclassified excavation, and no
additional payment will be made therefor.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF
BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.2 Preparation of Subgrade. Change each instance reading “150mm (6 inches)” to Modify the second and third paragraphs as follows:
“300mm (12”)”. Subarade DreDaration work must be continuouslv insDected bv the Droiect arborist
or Citv reoresentative in order to Drotect the tree roots.
Delete the first paragraph and substitute the following:
301-1.3 Relative Compaction. Compaction must be continuouslv insDected bv the Droiect
arborist or Citv remesentative in order to Drotect the tree roots. The upper 300 mm (12”) of
subgrade beneath areas to be paved, have base or subbase material placed on them, or curb and
gutter, alley pavement, driveway or sidewalk constructed over them shall be compacted to no less
than 95 percent maximum dry density as determined by ASTM test D-1557-91.
301-1.7 Payment. Payment for subgrade preparation shall be included in the contract bid price Modify the first paragraph as follows:
for Unclassified Excavation and shall include all labor, materials; including water, operations and
equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in
fill areas, and no further compensation will be allowed.
Q 9/11/00 Contract No. 3623 Page 74 of 80 Pages
,-”
”
301-2 UNTREATED BASE
Add the following:
301-2.1 General. Untreated base shall be crushed aggregate base per Section 200-2.2 of the
Standard Specifications.
Add the following:
ton bid which shall include full compensation for furnishing all labor, materials, tools, equipment,
301-2.4 Measurement and Payment. Payment for Crushed Aggregate Base will be at the per
incidentals, and for doing all work involved in placing the base as called for in these Special
Provisions, as shown on the plans, or as directed by Engineer.
Add new subsection:
301-6 SOIL STERILANT
301-6.1 General. All areas indicated on the Plans to receive Asphalt Concrete Pavement over native materials shall be prepared in accordance with applicable sections of the Standard
Specifications concerning subgrade preparation. In addition, after the compaction is completed, the
Contractor shall apply a soil sterilant to the subgrade. Application shall be by spray equipment
which provides good mechanical agitation and even coverage of the area to be treated. Spray
equipment shall be calibrated before material is applied, and the Engineer‘s decision as to the
effectiveness of the spray equipment shall be final. Great care shall be taken to apply soil sterilant
to the designated areas only. Concrete or asphalt may be placed immediately after placement of
soil sterilant.
301-6.2 Operator’s License. The Contractor’s operator applying the soil sterilant shall be
licensed by the State of California, Department of Food and Agricultural Affairs.
301-6.3 Application. Any soil sterilant, which is approved in writing by a licensed pest control advisor (for the purpose to which it will apply) may be used upon acceptance by the Engineer.
The dye shall not stain concrete or masonry. Certification shall be furnished to the Engineer
showing the purchase receipt and manufacturer’s recommended rate of application of the material.
301-6.4 Payment. The Contractor shall supply all labor, materials and equipment to apply the
soil sterilant and shall include the cost for application in the unit price quoted for Asphalt Concrete.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
Add the following:
302-5.1 General. Asphalt concrete shall conform to the requirements of Section 203-6 of the
Standard Specification and as modified herein.
Add the following:
302-5.4 Tack Coat. Tack coast will be required between the successive interfaces of existing pavement and new pavement, when in the opinion of the Engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent
dirty enough to impair bonding between the next lift of asphalt.
course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is
@ 9/11/00 Contract No. 3623 Page 75 of 80 Pages
302-5.5 Distribution and Spreading. The spreading and finishing machine used to construct
Modify as follows. After second sentence of sixth paragraph add:
the asphalt conrete surface course shall be equipped with an automatic screed control for surface
course paving. The automatic screed control shall be 9m (30') minimum length. The paving
machine shall be oeprated by an operator and two full-time screed men during all paving.
302-5.6.1 General. Pinched joint rolling procedures shall be required, and vibratory rollers shall be Modify as follows. Second paragraph, Part (2), add:
limited to breakdown, unless otherwise directed by the Engineer.
(Modify as follows. After last paragraph add): Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatietired roller as described in the Section.
Add the following: 302-5.8 Manholes (and other structures).
302-5.8.1 Adjustment of Manholes. Adjustment to grade of manholes shall conform to the provisions of the Standard Specifications and these Special Provisions.
The method of adjusting existing manholes in areas of new construction shall be as follows:
subgrade and covered with an adequate steel cover, minimum %-inch thick. 1. Manhole frames and covers and manhole shafts shall be removed to a depth of six inches below
2. Upon completion of roadway construction. circular holes shall be cut in the pavement where the
manhole exists. The pavement cutting must be done by a method whereby the edges of the pavement will not be raised to a higher elevation than the plane of the existing pavement.
3. The manholes shall then be raised to the proper grade, the manhole frames and covers replaced, and the pavement shall be replaced with 3" of hot mix asphalt concrete over the 6 concrete collar around the manhole frame.
a coil of asphalt-saturated rope, a plastic type washer or asphaltic compounds. as aproved by the If the manhole cover is unstable or noisy under traffic, said conditions shall be corrected by placing
Engineer, on the cover seat.
The Contractor will exercise care so that surface materials such as rocks, dirt and debris do not enter sewer lines.
Add the following section: 302-5.8.2 Adjustment of Manhole Frames and Covers and Relocation of Water Meters. Existing items, where indicated on the plans, "to be adjusted to grade" shall be adjusted to grade by the Contractor.
Water valves shall be protected in a place and shall be accessible at all times during construction.
Add the following: 302-5.8.3 Relocate Water Meters. The water service assembly, meter and lateral shall be relocated and adjusted grade, per CMWD Standard Plan W-3.
The Contractor shall cooperate with the CMWD in accordance with Section 7-7 of the Standard Specifications.
Water valves shall be protected in a place and shall be accessible at all times during construction.
The Contractor shall notify the Carlsbad Municipal Water District forty-eight (48) hours prior to
beginning of work.
?@ 9/11/00 Contract No. 3623 Page 76 of 60 Pages
Add the following:
the combined mixture(s). The weight shall be determined as provided in Subsection 302-5.9 of the
302-5.9 Measurement and Payment. Asohalt Concrete shall be measured by the ton weight of
shall include full compensation for Soil Sterilant per Subsection 301-6. where required.
Standard Specifications. Payment shall be made for at the contract unit price bid per ton. Payment
Adiust Manhole to Grade, including all appurtenant work, shall be paid at the contract unit price bid
for each.
Adiust and/or Relocate Water Valve Cover and Meter, including all appurtenant work, shall be paid
at the contract unit price bid for each.
Add the following: 302-5.10 Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9417. At least two weeks prior to work, Contractor shall send notification letters to all property addresses adjacent to the work. Obtaining the appropriate addresses shall be the contractor’s responsibility. Letters shall include aooropriate information soecific to the work such as the contact name, ohone number, and address of the
work will be onaoina. etc. contractor. date work will beain. amroximate date work will be completed. and hours of the day
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
the impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24-hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
work and simple instructions to the home or business owner on what they need to do to facilitate the
shall not be connected to either number. The notification shall also give a brief description of the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut
brightly colored with contrasting printing. The material shall be equivalent in strength and durability
notices shall be as shown in Appendix A, with the appropriate information specific to the work
inserted at the locations indicated in the brackets and italicized.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract bid price for Mobilization and Preparatory Work and the Contractor will not be entitled to
any additional compensation for printing and distributing these notices.
,--
G 9/11/00 Contract No. 3623 Page 77 of 80 Pages
SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
,"
303-1.1 General (Add the following paragraphs): Concrete structures shall conform to the provisions of the Standard Specifications as modified by
San Diego Regional Standard Drawings and herein. Use Type II Cement.
Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A615
The Contractor shall furnish all labor, tool, and materials to construct reinforced Portland Cement
Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked
in the field. The Contractor shall submit method for placement of P.C.C. for the Engineer's
approval, at least 10 working days prior to commencement of work.
303-1.3 Forms. (Add the following paragraphs):
Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of
mortar. Formed wall surface shall be free of any unevenness greater than % inch when checked
with a IO-foot straight edge.
Concrete in walls with side slopes flatter than %:I shall be placed on suitable material which has
been overfilled, compacted and trimmed to true grade. Backforms shall be used where the slide
slope is %:I or steeper.
A clear non-staining form release agent, which will not discolor nor affect the surface texture of the
concrete and does not react with any ingredients of the concrete shall be used. The cost of
furnishing and placing form release agent shall be included in the cost of portland cement concrete.
303-1.8 Placing Concrete.
303-1.8.1 General. (Add the following): The Contractor shall exercise caution in placement of concrete walls and conjested areas to ensure
proper consolidation and that there are no voids, and protection of waterstops in position. Adequate
provisions shall be made for each visual inspection of concrete placement, consolidation and waterstop protection.
Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary
may be proposed by the Contractor and will be permitted only after evaluation by the Engineer.
303-1.10 Curing. (Amend first paragraph with the following):
gallon per 150 square feet.
Exposed concrete surface shall be sprayed with Type 2 curing compound at a uniform rate of one
303-1.11 Payment. Payment for Portland Cement Concrete Curb Outlet (Inlet) (Type A, SDRSD
equipment, materials and incidentals (inclusive of bar reinforcing steel and gravel base material)
D-25) and modifications will be made at the contract price per each, and shall include all labor,
The contract price shall include full compensation for forms, finishing and curing. needed to construct P.C.C. strucutres in place to the grades and dimensions shown on the Plans.
Should the Contractor request and obtain permission ot use admixture for his own benefit, he shall
furnish such admixtures and incorporate them in the concrete mixture at his expense and no
additional compensation will be allowed therefor.
Q 9/11/00 Contract No. 3623 Page 78 of 80 Pages
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUlTERS, ALLEY INTER-SECTIONS,
ACCESS RAMPS AND DRIVEWAYS
Add the following paragraph:
303-5.1.1 General. Concrete curbs, gutters, and sidewalks shall conform to the Standard
Specifications as modified by San Diego Regional Standard Drawings and herein. Use Type II
Cement.
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3") high
specified in Table 303-5.5.2(A)
block letters directly above the point that it is crossed by underground facilities with the marking
TABLE 303-5.5.2(A)
Curb Face Markings
Type of underground facilities
S Sewer Service Lateral
W Water Service Lateral
Marking
Irrigation Water Lateral or Sleeve RW
Add the following:
303-5.5.4 Gutter. Prior to acceptance of the curb and gutter constructed by the Contractor, a flow
test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to
of the Standard Specifications.
be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7
303-5.6 Curing. Immediately after finishing operations are completed, Type 2 concrete curing
compound shall be applied at a rate of one gallon per 150 square feet.
Add the following paragraphs:
303-5.9 Measurement and Payment. Payment for concrete curb & gutter shall be at the contract
unit price per linear foot, including transition sections where the curb face vanes (such as
driveways).
specified) shall be at the contract unit price per square foot. The thickness of the concrete shall be
Payment for concrete sidewalks, driveway aprons, and flat work (including reinforcing when
as indicated on the plans or designated on the Standard Drawing. Measurement for sidewalk pay
quantities will be taken from the back of curb to the back of walk.
Add the following Section:
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
3084 PLANTING
Add the following: 3084.5.1 Root Barriers. Root barrier installation shall be inspected bv the proiect arborist or Citv
representative before beina covered. Root barriers shall conform to Section 212-1.8. Root Barriers.
The Contractor shall install root barriers continuously along back of curb as indicated in the plans. The top of the root barrier shall be 25 mm (1") below the finish grade of the parkway areas.
The bottom of the root barrier shall be installed 30" below the finish grade of the parkway area.
Install as indicated on the plans, eliminating any breaks in the barrier by providing at least 150 mm (6") of overlap at splices or damaged areas. Splices and repair patches shall be stitched to the root
barrier material by a running stitch of no less than 6 stitches per 25 mm (I").
@ 9/11/00 Contract No. 3623 Page 79 of 80 Pages
308-4.5.2 Measurement 8 Payment. Payment for root barriers shall be at the contract unit price
per linear foot.
SECTION 31 3 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs,
markers, markings, and delineators specified herein.
Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace the signs in their original approved locations. The Contractor shall maintain all temporary
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic signs, construction signs, pavement
markers, temporary channelizers, temporary railing (type K), temporary crash cushions and
temporary appurtenances required in the specifications are considered incidental to the work and no
extra Davment will be made therefor.
e 9/11/00 Contract No. 3623 Page 80 of 80 Pages
."
APPENDIX A
RESIDENT NOTIFICATION EXAMPLE
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (76O)XXX-XXXX
FIELD # (76O)XXX-XXXX
)ear resident: is a part of the City of Carlsbad's ongoing program to
naintain its streets, your street will be resurfaced with a nixture of asphalt slurry and sand over the existing roadway
urface. This construction will require the closing of your ,treet to through traffic for one day. Your street, from XYZ ,t. to XYZ st. will be closed to through traffic and resurfaced
In:
MON TUES WED THUR FRI
DATE:
'om 7:OOA.M. to 5:OO P.M.
I you don't plan to leave your home by 7:OO A.M. on the
lbove date please park your car on an adjacent street in you leighborhood that will not be resurfaced. Streets scheduled x resurfacing can be determined by calling either the
,ontractor or the city of Carlsbad's Engineering Inspection Iepartment. When walking to and from your car, remembel
lot to walk on the newly overlaid street or you will have black
esidue on the bottom of your shoes. Please do not drive, /alk on, walk pets, play, or skate on the newly overlaid lsphalt. Also, please refrain from watering your lawns,
lashing cars, etc., approximately 6-8 hours after the asphalt
j laid as running water will cause damage to the new
rBC is the contractor that will be performing the resurfacing urface.
tork for the city and you may call them at
760) XXX-XXXX if you have any questions regarding the
lroject. Resurfacing of your street will not occur on the day
lostman cannot reach the mailbox that day. If you have a Qur trash is collected. Mail delivery may be delayed if the
loving company scheduled for that day please call and iform the Contractor of the date. If you have any concerns thich cannot be addressed by the Contractor, you may call le City's Engineering Inspection Department at 602-2780.
:ity of Carlsbad.
'hank you for your cooperation as we work to make a better
Elm. shown
SECTION A-A existing curb"3istii Gutter
For ali new construciiin-
Monolithic Gutter.
3' X 3' Construction Joint r f4 06'
SECTION 0-0
NOTES
1. Concrete sholl be 560-C-3250 2. D=inside diameter of pipe or depth of channel. 3. Section to be sloped loteraliy with lop conforming to Ihe
4. Monhole fromc and cmr moy be deleted with open chonnel. 5. Trowel finish top surfoce ond reproduce markings of existing
6. Trowel finish floor of outlet.
grodes of the existing siderolk and curb.
sidewolk and curb.
1
7"
-
2 1/2' x 2.x 1/4' x 4' 0'
Galvanized Steel Angle 3
ANCHOR DETNL
AT Y
\ Sidewolk cuts per
" I
PIAN
SECTION
I Pipe lo be finished
flush with curb.
'&ii?al, break line for cuts m exdlng curb and gutter.
SECTION B-B
1. Pipe shol be one continuous length from prow line to curb line.
2. Multiple pipes to be KI a minimum distance of D/2 opart. 3. Concrete rholl be 520-C-2500 4. pip shol be circular asbestos cement. cast iron or rigid ploslic.
t"j'
SECTION A-A
I I
Droin shall not occupy the hatched oreo
BLOCK CORNER
r
Weakened Plane Joint
.. - - -
Ll I
-I
NOTES
2. See Stondord Orowing G-10 for joint detoils.
1. Concrete shall be 520-C-2500.
3. Slope top of curb 1/4" per foot toward street.
LEGEND ON PIANS
* with 6" Curb Face
2:l Transition -,
'' R/W .
I
Curb Line e I
PLAN
ELEVATION
Edge of Sidewalk
SECTION
NOTES
1. NO concrete sholl be placed until forms and subgrode ore inspected by the Agency.
2. Concrete shall be 520-C-2500.
3. See Stondord Drowings G-15 ond G-16 for width and locotion requirements
4. Driveway romp to extend to 10 feet from curb foce or to property line whichever is
5. See Stondord Drawings G-2 and G-10 for curb and joint detoils.
less. (For commerciol drivewoys only)
BY SAN DIEGO REGIONAL STANDARD DRAWING REQONU STWDIRDS CWN1TTf-E REWUUENDED BY THE SIIl UEGC
lBlWNAL R. Mua~z 4/97 -
CONCRETE DRIVEWAY
f' (Non-contiguous Sidewalk) DRAM 6-148 NUMBER