HomeMy WebLinkAboutHazard Construction Company; 2005-09-20; PWS05-24ENGfe
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Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2006-0314813
MAY 04, 2006 11:27 AM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J SMITH.COUNTY RECORDER
FEES: 0.00
PAGES: 1
6762 2006-0314813
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on March 24,
2006.
6. The name of the contractor for such work of improvement is Hazard Construction
Company.
7. The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the 2005 Pavement Overlay
Project, Project No. 3667-11.
CITY OF CARLSBAD
. GLENN PRl
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008. The City Council of said City on April 25th , 2006, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ^£nJL <=*£ 2006, at Carlsbad, California.
CITY OF CARL
r“ Item . Paae
Notice Inviting Bids ........................................................................................................................ 7
Contractor’s Proposal .................................................................................................................... 11
Bid Security Form .......................................................................................................................... 19
Bidder’s Bond To Accompany Proposal ....................................................................................... 20
Guide For Completing The “Designation Of Subcontractors” Form ............................................. 22
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 24
Bidder’s Statement Of Financial Responsibility ............................................................................
Bidder’s Statement Of Technical Ability And Experience .............................................................
25
26
Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ........................................................................................... 27
Bidder’s Statement Of Re Debarment .......................................................................................... 28
Bidder‘s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
29
31
c
Contract Public Works ....................................................... : .......................................................... 32
Labor And Materials Bond ............................................................................................................ 38
Faithful PerformanceiWarranty Bond ........................................................................................... 40
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 42
@ Revised 10/08/03 Contract No . 3667-1 1 Page 2 of 104 Pages
SUPPLEMENTAL PROVISIONS
/
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
c 3-4
3-5
Section 4
4- 1
4-2
Section 5
5-4
5-6
Section 6
6- 1
6-2
6-6
6-7
6-8
6-9
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ....................................................................................................................
Definitions .............................................................................................................
Abbreviations ........................................................................................................
Scope And Control Of The Work
Subcontracts .........................................................................................................
Contract Bonds .....................................................................................................
Plans And Specifications ............................ : .........................................................
Surveying ..............................................................................................................
Authority Of Board And Engineer .........................................................................
Changes In Work
Changes Initiated by the Agency ..........................................................................
Extra Work ............................................................................................................
Changed Conditions .............................................................................................
Disputed Work ......................................................................................................
Control Of Materials
Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage ..................................................
Utilities
Relocation .............................................................................................................
Cooperation ...........................................................................................................
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work .............................................................................................
Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Liquidated Damages .............................................................................................
Completion And Acceptance ................................................................................
45
46
47
47
47
48
50
50
51
51
52
53
55
56
56
57
57
57
58
58
59
59
..-
@ Revised 10/08/03 Contract No . 3667-1 1 Page 3 of 104 Pages
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
IC
Section 9
9-1
9-3
Responsibilities Of The Contractor
Liability Insurance .................................................................................................
Workers' Compensation 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 ................................................................................................................
.
Revised 10/08/03
59
59
59
60
60
60
65
65
65
Contract No . 3667-1 1 Page 4 of 104 Pages
Part 2 Construction Materials -
Section 200 Rock Materials
200-2 Untreated Base Materials ............................................................................ ......... 68
Section 201
201 -1 Portland Cement Concrete ........................................................................... ....... 69
Cancrete, Mortar And Related Materials
Section 203 Bituminous Materials
203-6 Asphalt Concrete .................................................................................................. 72
203-1 1 Asphalt Pavement Crack Sealants ....................................................................... 73
Section 206 Miscellaneous Metal Items
206-7 Traffic Signs .......................................................................................................... 75
206-9 Portable Changeable Message Sign .................... ................................................ 77
Section 209
209-1 General .................................................................................................................. 78
209-5 Detectors ............................................................................................................... 78
209-8 Payment ................................................................................................................ 88
Signals, Lighting And Electrical Systems -
Section 21 0
21 0-1 Paint ...................................................................................................................... 89
Paint And Protective Coatings
Section 21 3 Engineering Fabrics
21 3-2 Geotextiles ............................................................................................................. 90
Section 21 4 Pavement Markers
21 4-5 Reflective Pavement Markers ............................................................................... 91
t? Revised 10/08/03 Contract No. 3667-1 1 Page 5 of 104 Pages
PART 3 Construction Methods
Section 300 Earthwork
-
’ 300-2 Unclassified Excavation .................... ........................... ..... .................. , ....... .......... 92
Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials
301 -1 Subgrade Preparation .................................................................................. . ........ 94
Section 302 Roadway Surfacing
302-5 Asphalt Concrete Pavement ............................ .... ........................................ ......... 96
Section 303 Concrete And Masonry Construction.
303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
Access Ramps, And Driveways ................................... ................................. ........ 99
Section 31 0 Painting
31 0-5 Painting Various Surfaces ................................................................................... 100
- Section 31 2
31 2-1 Placement .................................................... .... ..................................................... 101
Pavement Marker Placement And Removal
Section 31 3
31 3-1 Temporary Traffic Pavement Markers .................................................................. 102
31 3-2 Temporary Traffic Signing ................................................................................... 103
31 3-4 Measurement And Payment ................................................................................. 103
Temporary Traffic Control Devices
?@ Revised 10/08/03 Contract No. 3667-1 1 Page 6 of 104 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on June 14, 2005, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Pavement overlay of various streets, including
AC repairs, concrete work, video detection, and striping.
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 I
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2003 Edition, and the
2004 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work. -
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder's security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent.
The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
Revised 10/08/03 Cnntrart Nn 1RR7-11
- The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Bidder's Statement of Financial Responsibility
6. Bidder's Statement of Technical Ability and
Experience
7. Acknowledgement of Addendum(a)
8. 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.
9. Bidder's Statement Re Debarment
IO. Bidder's Disclosure Of Discipline Record 1 1. Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$2,200,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, C12, and C32.
1
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $25 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Engineer a copy of which
will be mailed or delivered to each person receiving a set of the contract documents. No oral
response will be made to such inquiry. Prior to the award of the contract, no addition to,
modification of or interpretation of any provision in the contract documents will be given by
any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
No bidder may rely on directions given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or - informality in such bids.
Revised 10108l03 Contract No. 3667-1 1 Paae R of 104 Panes
rc- 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 4107.5.
The provisions of Part 7, Chapter 1 , of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
-
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted
and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
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.
r" 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.
4-
Revised 10/08/03 Contract No. 3667-1 1 Pane 9 of 104 Pases
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
rc
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract. c
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2005-093,
adopted on the 5th day of April, 2005.
Publish Date: April 29; 2005
Contract No. 3667-1 1 Pane 1 n nf 4 IIA Dinar Revised t0/08/03
CITY OF CARLSBAD
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3667-11 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item
No. Description rc -
Approximate
Quantity Unit
and Unit - Price Total
I Mobilization and Preparatory 1 LS $ /3qa0O6 .- $ /?. 606 .-
Work at &u!5 #/- AAJL rH/m mb Dollars (Lump Sum)
2 Public Notification of Work at 1LS $ l%ooo-
4- *A1ovsAND
Dollars (Lump Sum)
3 Traffic Control at 1 LS $ S2;om.- $23&#mxr-
Dollars (Lump Sum)
4 Remove Thermoplastic at ILS $&,brn.+- s/ < Dollars (Lump Sum)
5 Remove and Replace 5" AC 3,OOOSF $ 900
on 7" AB at - <
Dollars per Square Foot
@ Revised 10/08/03 Contract No. 3667-1 1 Page 11 of 104 Pages
.-
Approximate
Quantity Unit
and Unit - Price Total
Item - No. DescriDtion
6 MlRAFl6OOX Fabric at 2,000 SF 9x7-y wws
Ddters per Square Foot
7 Asphalt Concrete l-in 6,165 TONS
Leveling Course at
Dollars per Ton
$ 7B.00 8 Asphalt Rubber Hot Mix 22,623
(ARHM) at TONS flk 5ag7v
'7. /
Dollars per Ton
9 Cold Milling 5' Width at 122,515 LF
DaHars per Linear Foot ,-
IO Cold Milling 10' Width at 6,389 LF 7wo
Dollars per Linear Foot
$ /,93Lp.- 11 Cold Milling 20' Width at 440 LF
tGrn .Dol& per Linear Foot
12 2-inch Grind and Patch at 72,827 SF i
Dollars per Square Foot
$-- 13 Full Raise of Sewer and
Stormdrain Manholes at
45 EA
I
Dollars Eactf
14
r
Full Raise of Valve Boxes,
Monument Boxes, etc., at
Dollars Eactd
293 EA
AND
XI )Lzu
em
. ts Revised 10/08/03 ADDENDUM #I Contract No. 3667-1 1 Page 12 of 104 Pages ..
Approximate
Quantity Unit
Description and Unit - Price
Remove and Replace 11OLF $ m.Ob
Concrete Curb and Gutter at
?#my s4ad
,,-- Item - No.
15
Total
$ a,ov.-
Dollars per Linear Foot
Remove and Replace 2,290SF $ f4.m
Concrete Sidewalk at FOd
16 $ 32,060.’
Dollars per Square Foot
Traffic Signal Detector 18 EA $ 2G 0.00 $ 46s-o.- 17
SI m1 Dollars Each-’
Install Blue Fire Hydrant 120EA $ 530
Markers at
fzl\TB mUQs &A
18
Install Temporary Pavement 1LS $ qe00.-
Markers at
19
4” White Lane Line per 9,200 LF $ n.17
Caltrans Detail 12 at k
20
i&krs per Linear Foot
21 4” Double Yellow Centerline 1,280LF $ h.2q
per Caltrans Detail 21 and
22 at
DeHars per Linear Foot
22 4” Double Yellow Centerline 390LF $ /.20
per Caltrans Detail 23 at
*% b Revised 10/08/03 ADDENDUM #I Contract No. 3667-1 1 Page 13 of 104 Pages
..
Approximate
Quantity
and Unit
1,325 LF
9,000 LF
- Item Unit - Price
$ n.a Description
Paint 8” White Channelizing
Line per Caltrans Detail 38 &
38A at 9/XTY (Em
43dfers per Linear Foot
24 Paint 6” White Bike Lane Line
per Caltrans Detail 39 at y pw Lern
JWJas6 per Linear Foot
25 1,400 LF $ 0,s $ 35’0.0 0 Paint 6” White Bike Lane
Intersection Line per Caltrans
Detail 39A at flm Lim
+utEfts per Linear Foot
1,540 LF $ !,bo 26 12” White Line -
Thermoplastic at
lXlEE?p$r Linear Foot
oh)@ w- A hlD
SylU fV c
27 785 LF
7 EA
12” Yellow Line -
Thermoplastic at
(“Rm
UNE b0UL AID slu-
=Mkrs per Linear foot
$ 420.- 28 “BIKE LANE” Pavement
Legend and Arrow -
Thermoplastic at
Dollars Each
$ 4w.- 29 “STOP AHEAD” Pavement
Legend - Thermoplastic at 2
2 EA
4 EA
Dollars Each
30 “SIGNAL AHEAD” Pavement
Legend - Thermoplastic at
WMbm Am rnllLrtJ
Dollars Each
rc
** $# Revised 10108/03 Page 14 of 104 Pages Contract No. 3667-1 1
- Item
Approximate
Quantity Unit - No. Description and Un/t - Price
31 “STOP” Pavement Legend - 44 EA $ so. a7
Thermoplastic at @@MI
Dollars Each
32 Caltrans Pavement Arrows 20EA $ 5500
(All Types) - Thermoplastic at
I’
Dollars Each
33 Paint Median Curb Nose 300 LF $ /* 60
Yellow at
Lyde bow NO nx7Y /=my &m+kws pgr Linear Foot
34 Remove and Replace 385SF $ lb.00
eway Approach
Dollars per Square Foot
Total
$ ?SEX-
$ I,/OO--
/ $ 4so.
$ 6;/&?7. c
Total amount of Bid in numbers: $ 2, 5 56.5 55.5 0
ADDITIVE BID ALTERNATES FOR EL CAMINO REAL
Item - No.
BA-1
BA-2
BA-3 -
Approximate
Quantity Unit
Description And Unit Price
El Camino Real ARHM and 4,200 TONS $ 80”
Mobilization at ei% h4./
Dollars per Ton
El Camino Real Cold Milling 10,900 LF $
5’ Width at
1‘5
OEJC Oo& E-c-lcd c e.sf-, 4hUms per Linear Foot
El Camino Real Cold Milling 280LF $
20’ Width at 7t.a oof(QTs G& Rue CCJf r
43eHaeper Linear Foot
4- %@ Revised 10/08/03 Contract No. 3667-1 1
$ 12,§3s-
$ 742-
Page 15 of 104 Pages
Approximate
item - No. 7-
BA-4
BA-5
BA-6
Description
El Camino Real 3-Inch Grind
and Patch at
NL ~o((cz~ Foopk
!=id< es45 Sekm-per Square Foot
El Camino Real Striping,
Thermoplastic, and Pavement
Markings at
TWCdfY -tiLC) Tl\pusQw
Three kdzcd
Dollars (Lump Sum)
d
El Camino Real Traffic
Control at scucu ~~kwsqrrd
Dollars (Lump Sum)
- s)c &udr e4
Quantity Unit
And Unit Price - Total
1 LS $ z2430s
Total amount of Bid Alternates in words: &c/r Go Ldd s Cordf Ced ?% JUSQU
Total amount of Bid Alternates in numbers: $ IT39 1 - r
The low bidder will be determined from the sum of Bid Items 1-34 and will NOT include the Alternate Bid Items.
Price@) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1
proposal.
hadhave been received and is/are included in this
The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in e c it f a contractor within the State o California, validly licensed under classification which expires on that this statement is true and correct and has the legal effect of an affidavit. 7
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104.
e= %# Revised 10/08/03 Contract No. 3667-1 1 Page 16 of 104 Pages
License Detail Page 1 of2
.*-
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License ## 750542
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Before relying
on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public
complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information.
Per B&P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration.
Due to workload, there may be relevant information that has not yet been entered onto the
Board's license data base.
Extract Date: 06/14/2005
* * * Business Information * * *
HAZARD CONSTRUCTION COMPANY
POST OFFICE BOX 229000
SAN DIEGO, CA 92192
Business Phone Number: (858) 587-3600
Entity: Corporation
Issue Date: 06/1 O/l 998 Expire Date: 06/30/2006
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
Class ' Description
l * * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 206827201 in the amount of
$10,000 with the bonding company
http://www2. cslb. ca. gov/C SLB-LIBRARY/License+Detail .asp 06/14/2005
License Detail Page 2 of 2
License Number Request Contractor Name Request
_-
Personnel Name Request
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
Effective Date: 01/01/2004
Salesperson Request
Contractor's Bonding His tow
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ROBERT
DAVID RANDAL certified that he/she owns 10 percent or more of the voting stocklequity of the
corporation. A bond of qualifying individual is not required. Effective Date: 09/12/2001
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
Policy Number: WC8248413 Effective Date: 03/01/2004 Expire Date: 03/01/2006
ZURICH AMERICAN INSURANCE COMPANY (4581 -5)
Salesperson Name Request
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other licenses.
1
Personnel List Other Licenses
0 2005 State of California. Conditions of Use Privacy Policy
06/14/2005
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is ?lzhmz&-** (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (1 0%) 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.
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
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number) City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
City and State (Street and Number)
e
(4) Zip Code Telephone No.
(5) E-Mail
e Revised 10/08/03 Contract No. 3667-1 1 Page 17 of 104 Pages
- IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted HAZARD CONSTRUCWlu COMPANY
W.S. ROGERS X , VICE PRES. (2) E9
(Signature)
(Title)
impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
-
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:
k-fl- /&4.ht”94t -*
”-
Revised 10/08/03 Contract No. 3667-1 1 Page 18 of 104 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On June 14,2005 before me, Angela C. Smithers. Notary Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFFICER - E.G. “JANE DOE, NOTARY PUBLIC
NWS) OF SIGNER(S)
personally known to me (m
to be the person@ whose name@) is/- subscribed to the within instrument and
acknowledged to me that he/&/tSlcy executed the same in hisMW authorized
capacityw and that by hisk/W signature on the instrument the person@,
or the entity upon behalf of which the person(s)acted, executed the instrument.
WFIlyESS mv hand and official seal.
c
ur 1 ~U~YAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent huddent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 MDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 GENERAL
OTHER:
SIGNER IS REPRESENTING:
NAMES OF PERSON@) OR E”Y(ES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNEiR(S) OTHER THAN NAMED ABOVE
BID SECURITY FORM
(Check to Accompany Bid)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 1, 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.
*Delete the inapplicable word.
BIDDER
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed-the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.)
BIDDER'S BOND TO ACCOMPANY PROPOSAL
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
KNOW ALL PERSONS BY THESE PRESENTS:
That we, -cBN STRUCTION CoM!%%ncipal, and ,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: %A&/ 8;d for which (must be at least ten percent (10%) of the bid amount) /DA L$
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
0
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City. 7
. * p~~~~~~ CASUALTY AND SURETY COMPANY OF AMERICA ... ... ... ... ... ... ... ... ... ... ... . ., . ... ... ... ... ... ... ... ... ... ... ... rc
Revised ininninn Cnntrart kln 2fifi-I-I I
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 7% day of % P ,20 nC
-
PRI NCI PAL: WRD CONSTRUCTION COMPANY day Executed by SURETY this 7%
of -7-L- e I2OPfc.
SURETY:
(print name here)
(Title and Organization of Signatory)
W.S. ROGERS, EXEC, VICE PRES-
By:
(sign +rQ
(print name here)
(title and drganization of signatory)
TRAVEtERS CASUALTY AND SUREtY COMPANY OF AMEFIICA
(name of Surety)
73255kf -%bL a .kto:rs--Y,
(address df Surety)
(telephone number of Surety)
q5~-b~co-CpZYQ
B
(printed name of Attorney-in-Fact) .-
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,--
State of California
County of San Diego
On June 14.2005 before me, Angela C. Smithers. Notarv Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFFICER - E.G. “JANE DOE, NOTARY PUBLIC
NWS) OF SIGNER@)
personally known to me (m
to be the person@ whose name@) islare subscribed to the within instrument and
acknowledged to me that he/- executed the Same in hisLhe&he ‘r authorized
capacity@$ and that by hiskM signature@) on the instrument the person@,
or the entity upon behalf of which the person@ acted, executed the instrument.
WIJNESS my hand and official seal.
/ NOTARY PUBLIC SIGNATURE
ur 1 IVIYAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
CORPORATE OFFICER
ms) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
0 OTHER:
/-
SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR J3TITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On June 14.2005 before me, Angela C. Smithers. Notary Public
petsonally appeared T.J. Masterson
Date NAME, TITLE OF OFFICER - E.G "JANE DOE, NOTARY PUBLIC
NAME@) OF SIGNER@)
personally known to me -1 to be the person@) whose name@) is/= subscribed to the within instrument and
acknowledged to me that he/M- executed the same in hished-uthorized
capacityw and that by his!k&hck signatu@ on the instrument the person@,
or the entity upon behalf of which the person@ acted, executed the instrument.
WITNESS mv hand and official seal.
,
ur 1 ~U~YAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
=Ys) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 A'ITOmY-IN-FACT a TRUSTEE(S) MJMBER OF PAGES
0 GUARDIANKONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING
NAMES OF PERSON(S) OR ENTITYQES)
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On June 7,2005 before me, Angela C. Smithers, Notary Public
personally appeared Geoffrev R. Shelton
Date NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
personally known to me
to be the person@ whose name(+ idare subscribed to the within instrument and
acknowledged to me that hefshdtheyexecuted the same in his/herMw+ authorized
capacityw) and that by his/he&kir signature@ on the instrument the person(+,
or the entity upon behalf of which the person@ acted, executed the instrument.
WITmSS my hanc d and official seal.
NOTARY PuBzic SIGNATURE Il
ANGEtA C.SMrmERs$ m. #147274P NOTARYPUBUC OCwMilW ti
vi- I ~WYAL
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(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIANKONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENTITY(1ES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
2-
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAvELERscAsuALnANDsuRETYcoMPANY
FARMMGTON CASUALTY COMPANY Hirtford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHOMTY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPN,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Word, Stak of Connecticut, (hereinafter the “Companies”) hath madc, constituted and appointed, and do by thtse presents make, constitute and appoint: Jack G. Lupien, Dale G. Earshaw, Tup Bacon, Geoffrey R Shdton, of Sam Diego,
Cdiforni4 their hut and lawful Attomey(s)-in-Fact, with N1 power and authority hem conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and othex writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as ifthe
same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and ef€ect:
VOTED: That the Cbthmm, the President, any Vice Cu any Executive Vice President, any Senior Vice mident, any Viceftesident, any
Second Vice presidenf the Treasura, any Assistant Treasura; the Corparate Sw or any Assistant may appoint Attomeysin-Fact
and Agents to act for and on behalf of the company and may give such appoinb such authority as his or ha Catificatc of authority may prescribe
to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, conkacts of indemnity, and otha writings obligatory in
the nature of a bond, recogniumce, or conditional undertaking. and any of said officers or the Board of Directors at any time my remove any such
appointee and revoke the pow given him or ha.
VOTED: That the ChaimLan, the Resident, my Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Campany, provided that each such delegation is
in writing and a copy thereof is filed
VOTED: That any bond, recognizanOe, ccmtract of indemnity, or writing obligatory in the nature of a band, mmgnhnce, or ccmditiona
undextahg shall be valid and binding upon the Company when (a) signed by the Presideat, any Vice Chairmen, any Executive Vice President, an]
Senior Vice President or any Vice presidenf any Second Vice President, the Treasurer, any Assistant Tress~ra, the Corporate SeQetarY or an]
Assistant Secretary and duly attested and sealed with the Company’s seal by a seaetary or Assistant Secretary, or (b) duly executed (under seal, i. required) by one or more Attorneys-in-Fact and Agents pursuant to the powa prescribed in his or ha certificate or their certificates of authority a
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is sigaed and sealed by facsimile (mechanical or printed) under and bj
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETI
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTI
COMPANY, which Resolution is now in full force and effect:
,.--
the office of the Secretary.
VOTED That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Presideat, any Via
President, any Assistant Vice President, any Secretary, any Assistant secretary, and the seal of the Company may be axed by facsimile to aq
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attom-in-Fact fo
purposes only of executing and attesting bonds and undertahgs and otha writings obligatory in the nature thereof, and any such powa of attorne
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed am
certified by such facsimile signature and facsimile seal shall be valid and bin- upon the Company in the future with respect to any bond o
undertaking to which it is attached.
,-
(1 1-00 Stnndard\
'. . .
I. .- - .. . ..
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELEM
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMF'ANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 15th day on May, 2004. ,-
STATE OF CONNECTICUT
, )SS.HartfOrd
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAvELERscAsuALTYANDsuRETYcoMpANy
FARMMGTON CASUUTY COMPANY
BY George W. Thompson Senior Vice President
On this 15th day on May, 2004 before mc personalty came GEORGE W. THOMPSON to me known, who, being by me duty sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations descn'bed in and which executed the above instrumen t; that he/she.knm the seals of said corporations; that the seals
atllxed to the said instrument are such corporate seals; and that Wshe executed the said instrume nt onbehalfof the corporations by authority of hidher office under the Standing Resolutions thereof.
..
My commission expires June 30, 2008 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the fmgoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions ofthe Boards of Directors, as set
rorth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Oflice of the Company, in the City of Word, State of Connecticut. Dated this 7 th day of
June ,2005.
Kori M. Johanson
Assistant Secretary, Bond
Company Profile Page 1 of 2
Company Profile
TRAVELERS CASUALTY AND SURETY COMPANY
OF AMlERICA
ONE TOWER SQUARE, 4MN 'TRAVELERS / Mary T. Restelli
HARTFORD, CT 06183
877-872-8737
Former Names for Company
Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07-0 1 - 1997
Agent for Service of Process
LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833
Unable to Locate the Agent for Service of Process ~- - __
Reference Iiformation
State of Domicil
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of any of these
terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
http://cdins~~~.insurance.ca.gov/pls/~~co~prof/idb~co~p~of utl.get co prof?p EID=6 1 82 06/14/2005
Company Profile
I-
-
Page 2 of 2
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Last Revised - November 04,2004 1 1 : 18 AM
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook”) and in 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.” Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form 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 otherwise to be preformed 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 whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
-
.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
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 installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City 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 amounts for purposes of award of the contract shall be determined
by the City Council. in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
Revised 10/08/03 Contract No. 3667-1 1 Page 22 of 104 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
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.
- tS Revised 10/08/03 Contract No. 3667-1 1 Page 23 of 104 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section
4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) 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 BID ITEMS
Subcontractor Name and
Subcontractor’s License No.*
Page of pages of this Subcontractor Designation form
,- Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
(3 Revised 10/08/03 Contract No. 3667-1 1 Page 24 of 104 Pages
t- BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
'3 Revised 10/08/03 Contract No. 3667-1 1 Page 25 of 104 Pages
Hazard Construction
Company
rc Financial Statements as of December 31, 2004
and Independent Auditors’ Report
C 0 N FI 0 ENTl A1
Deloitte, CONFIOENTIAL
Deloitte & Touche LLP
Suite 1900
701 ‘8’ Street San Diego, CA 92101-8198
USA
Tel: +1 619 232 6500 Fax: +1619 237 1755 www.deloitte.com
INDEPENDENT AUDITORS’ REPORT
’ Board of Directors
Hazard Construction Company
We have audited the accompanying balance sheet of Hazard Construction Company (a California
corporation) (the “Company”) as of December 3 1,2004, and the related statements of income,
stockholders’ equity and cash flows for the year then ended. Thae financial statements are the
responsibility of the Company’s management. Our responsibility is to express an opinion on these
financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States
of America. Those standards require that we plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting, as a basis for designing audit procedures that are appropriate
in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the
Company’s internal control over financial reporting. Accordingly, we express no such opinion. An audit
also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a
reasonable basis for our opinion.
L
In ow opinion, such financial statements present fairly, in all material respects, the financial position of
Hazard Construction Company as of December 3 1,2004, and the results of its operations and its cash
flows for the year then ended, in conformity with accounting principles generally accepted in the
United States of America.
April 15,2005
Member of Deloitte Touche Tohmatsu
CONFIDENTIAL
c. HAZARD CONSTRUCTION COMPANY
BALANCE SHEET
DECEMBER 31,2004
ASSETS
CURRENT ASSETS: Cash and cash equivalents Accounts receivable, including retentions of $6,189,400 Costs and estimated earnings in excess of billings on uncompleted contracts
Materials and supplies inventories Prepaid expenses and other
Total current assets
PROPERTY, PLANT AND EQUIPMENT-Net
TOTAL
LIABILITIES AND STOCKHOLDERS’ EQUITY
CURRENTLIABILITIES: Current portion of long-term debt Accounts and subcontracts payable, including retentions on subcontracts
Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses and other
of $3,236,500
Total current liabilities
LONG-TERM DEBT-Net of current portion
Total liabilities
COMMITMENTS AND CONTINGENCIES (Note 9)
STOCKHOLDERS’ EQUITY: Common stock, no par value-10,000 shares authorized, 2,000 shares issued
and outstanding Retained earnings
Total stockholders’ equity
$ 927,774
19,948,872
1,253,73 1
100,645 457,95 1
22,688,973
1,391,728
$24,080,701
.$ 442,906
16,367,723
1,696,33 1 553,797
19,060,757
467,75 1
19,528,508
100,000 4,452,193
4,552,193
TOTAL, S24.080.701
See notes to financial statements.
-2-
CONFlOENTlAl
HAZARD CONSTRUCTION COMPANY r_
STATEMENT OF INCOME
YEAR ENDED DECEMBER 31,2004
CONTRACT REVENUES
DIRECT CONTRACT COSTS
PROFIT BEFORE INDIRECT CONTRACT COSTS
INDIRECT CONTRACT COSTS
GROSS PROFIT
GENERAL AND ADMINISTRATIVE EXPENSES
OTHER INCOME
INCOME BEFORE PROVISION FOR INCOME TAXES
PROVISION FOR INCOME TAXES
- NET INCOME
$88,323,180
81,976,783
6,346,397
948,492
5,397,905
3,465,891
47,803
1,979,8 17
(29,795)
$ 1,950,022
See notes to financial statements.
-3-
c
GONFlOENTlAl
HAZARD CONSTRUCTION COMPANY
STATEMENT OF STOCKHOLDERS’ EQUITY
YEAR ENDED DECEMBER 31,2004
Common Stock Retained Shares Amount Earnings Total
BALANCE-January 1,2004
Dividends
Net income
BALANCE-December 3 1,2004
See notes to financial statements.
2,000 $100,000 $4,309,3 10 $4,409,3 10
(1,807,139) (1,807,139)
1,950,022 1,950,022
2 000 $100,000 $4,452,193 $4,552,193 A
.-
-4-
c-
c
HAZARD CONSTRUCTION COMPANY
STATEMENT OF CASH FLOWS
YEAR ENDED DECEMBER 31,2004
CASH FLOWS FROM OPERATING ACTIVITIES:
Net income Adjustments to reconcile net income to net cash provided by operating activities: Gain on sale of property, plant and equipment Depreciation
Changes in assets and liabilities: Accounts receivable Costs and estimated earnings in excess of billings on uncompleted contracts
Materials and supplies inventories Prepaid expenses and other Accounts and subcontracts payable Accrued expenses and other Billings in excess of costs and estimated earnings on uncompleted contracts
Net cash provided by operating activities
CASH FLOWS FROM INVESTING ACTIVITIES: Proceeds from sale of property, plant and equipment 'Purchases of property, plant and equipment
Net cash used in investing activities
CASH FLOWS FROM FINANCING ACTIVITIES: Borrowings on long-term debt Payments on long-term debt Dividends
Net cash used in financing activities
NET DECREASE IN CASH AND CASH EQUIVALENTS
CASH AND CASH EQUIVALENTS: Beginning of year
End of year
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION: Cash paid during the year for: Interest
Income taxes
$ 1,950,022
(22,793)
982,4 1 1
(6,6 14,175)
4,788 89,464 4,844,499 (75,030) 898,006
1,759,928
(297264)
24,500
(220,540)
(196,040)
1,200,000 (1,757,025) (1,807,139)
(2,364,164)
(800,276)
1,728,050
$ 927,774
$ 174,310
$ 30,600
See notes to financial statements.
CONFIDENTIAL
HAZARD CONSTRUCTION COMPANY
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED DECEMBER 31,2004
1. ORGANIZATION AND LINE OF BUSINESS
Hazard Construction Company (“Hazard” or the “Companf’) was incorporated in California on May 15,
1998 and began operations on July 1 , 1998 after acquiring substantially all construction related assets and liabilities fiom R.E. Hazard Contracting Company (“REIT’), a related party under common control.
Hazard is an engineering company specializing in project management, grading and paving roadwork,
The Company builds bridges and over-passes, and provides comprehensive packages for roadwork,
sitework and concrete structures. These services are provided to private enterprises, governmental
agencies and individuals.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Cash and cash equivalents include highly liquid investments with original maturities of three months or less. Cash equivalents are stated at cost, which approximates market value.
Accounts receivable include retentions of $6,189,400, which are generally payable by customers on
find acceptance and are expected to be collectible within one year. Management believes all a.mounts
are fully collectible and therefore has provided no allowance for doubtfid acwunts. -
Materiuls and supplies inventories are stated at the lower of cost or market value using the first-in,
first-out method.
Propee, plant and equipment is stated at historical cost. Depreciation is computed principally using
accelerated methods over the estimated useful lives of the related assets. Estimated useful lives range
between three and seven years. Maintenance and repairs are charged to expense as incurred, and the
costs of additions and betterments that increase the useful lives of related assets are capitalized.
Long-Lived AsseaLIn accordance with Statement of Financial Accounting Standards (“SFAS”)
No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets, the Company reviews its long-lived assets for impairment whenever events or changes in circumstances indicate that the carrying
amount of an asset may not be recoverable. If the sum of future undiscounted cash flows expected to
result fkom the use of the asset and its eventual disposition is less than the carrying amount of the asset,
an impairment loss is recognized. In the opinion of management, there have been no events or changes
in circumstances that indicate impairment of the Company’s long-lived assets.
Accounls and subcoatradspayable include retentions of $3,236,500, which are expected to be released
to vendors within one year.
Income Tmes-Hazard has elected under Section 1372(a) of the Internal Revenue Code to be taxed as a “Small Business Corporation’’ for federal income tax purposes. In accordance with tax federal
provisions, corporate earnings flow through and are taxed as if earned by the individual stockholders.
-6-
C 0 N FI 0 ENTI A1
Additionally, Hazard has elected to be taxed as an “S” Corporation for California income tax purposes. Under California tax provisions, corporate earnings are assessed at a surtax rate of 1.5 percent, and
cop& &gs flow through and are taxed as if earned by the individual stockholders.
Revenue RemgnMon-Contract revenue is recorded using the percentage of completion method on a
cost-to-cost basis. Revenue recognition commences when contract progress reaches a point where
experience is sufficient to estimate final results with reasonable accuracy. Contract costs include all
direct material and labor costs, and those indirect costs related to contract perfonnance. If a loss is
projected on a contract, the entire estimated loss is charged to operations during the period that the loss
becomes determinable.
Use of ESiimrdes-The preparation of financial statements in conformity with accounting principles
generally accepted in the United States requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at
the date of the financial statements and the reported amounts of revenues and expenses during the
reporting period. Actual results could differ fiom those estimates.
3. UNCOMPLETED CONTRACTS
Billings and costs related to uncompleted contracts consist of the following at December 3 1,2004:
Expenditures on uncompleted contracts Estimated earnings $73,795,398 6,449,905
80,245,303
c Less billings applicable thereto (80,687,903)
$ (442,600)
Billings and costs related to uncompleted contracts are reflected in the accompanying balance sheet at
December 3 1,2004 as follows:
Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts $ 1,253,731 (1,696,33 1)
$ (442,600)
4. PROPERTY, PLANT AND EQUIPMENT
Property, plant and equipment consist of the following at December 3 1 , 2004:
Motor vehicles Contracting equipment Office furniture and equipment
$ 3,328,895 2,880,977 260,588
6,470,460 (5,078,732)
$ 1,391,728
Less accumulated depreciation
-7-
C 0 N FID ENTIA1
.c 5. DEBT
Debt consists of the following at December 3 1 , 2004:
Notes payable secured by equipment bearing interest between 7% and 9.15% at December 3 1,2004, interest payable monthly; average monthly installments of
$36,909 during 2005, $21,223 during 2006, $10,453 during 2007,
and $10,955 during 2008 $ 910,657 Less current portion (442,906)
3 467.751
Principal maturities are $442,906 in 2005, $254,671 in 2006, $125,439 in 2007 and $87,641 in 2008.
6. LINEOFCREDIT
The Company has a $2,000,000 unsecured revolving line of credit with a bank bearing interest at prime
plus 1 percent (5.25 percent at December 31,2004), expiring during June 2005. The line of credit
contains both financial and nonfinancial covenants as defined in the agreement. As of December 3 1 ,
2004 the Company had utilized $328,269 of the available line of credit in the form of an irrevocable
standby letter of credit.
7. STOCKECOWERS’ EQUITY
Common Stock and Buylreu Agreement-% Company’s authorized share capital consists of one
class of common stock All stockholders of the Company have entered into a buy-sell agreement which restricts the transferability of the Company’s common stock to the Company or other existing
stockholders upon the occurrence of certain events. The buy-sell price upon any such transfer will be
calculated on a formula basis as defined in the agreement.
& --
Company Fomtation-On July 1 , 1998, Hazard was established by acquiring net assets with a book
value of $742,535 fiom REH for a total purchase price of $3,242,535, as evidenced by a 7 percent
unsecured note payable. The difference of $2,500,000 between the net book value of assets acquired and
the face value of the note represents negotiated goodwill in the acquisition. In accordance with the
related party provisions of accounting principles generally accepted in the United States, the $2,500,000 negotiated goodwill and an offsetting balance in the note payable have been netted in stockholders’
equity. Principal maturities under the note pertaining to the $2,500,000 reflected as a component of
stockholders’ equity are as follows: $363,181 in 2005; $389,435 in 2006; $417,587 in 2007 and
$258,605 in 2008. Interest expense related to the note payable to REH totaled $1 1 1,020 in 2004.
8. DEFINED CONTRIBUTION PLAN
The Company has a 401(k) retirement savings plan available to substantially all of its nonunion
employees. Under the plan, eligible nonunion employees may elect to defer a portion of their salary on a
pre-tax basis as contributions to the plan subject to certain limitations. The Company may elect to make discretionary contributions based on a percentage of participants’ contributions, subject to certain
limitations. During 2004, the Company coiitributed $183,539 to the Plan.
-8-
C 0 N FI 0 ENTl A1
.-- 9. COMMITMENTS AND CONTINGENCIES
Operating Leases--Future minimum lease payments under operating leases for office facilities and
other miscellaneous at December 3 1 , 2004 are as follows:
Year Ending
December 31
2005
2006 2007
2008
2009
$ 498,793
446,191 402,791 192,618
5,093
Total $1,545,486
Lease expense for the year ended December 3 1,2004 totaled $459,757. The Company leases its
facilities fiom REH under operating leases expiring on July 1,2008. Lease expense for leases with REH
in fiscal 2004 totaled $3 12,768. Related party future minimum rents payable at December 31,2004 totaled $1,224,888.
Lifigafion-The Company is subject to certain pending and threatened claims and litigation arising in the normal come of business. In the opinion of management, based in part upon management’s
consultation with legal counsel, the ultimate outcome of such claims and litigation will not have a
material adverse impact on the Company’s financial position or results of operations.
10. BUSINESS AND CREDIT CONCENTRATION
Duringz2004, 8 percent of the Company’s revenues were derived from contracts with state and other
governmental agencies. At December 3 1 , 2004,3 percent of the Company’s trade receivables were due
fiom these agencies.
******
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Revised 10/08/03 Contract No. 3667-1 1 Page 26 of 104 Pages
CURRENT PROJECTS
1. Project Name: The Bay Collection Mer: Standard Pacific Homes
Phone No.: Contract Price: Date of Comp: 03/04
5750 Fleet Street, Suite 200 Carlsbad, CA 92008 d 760,104.60 760) 602-6800
2. Project Name: Pavement Overlay 3667-5 Ci of Carlsbad 16 Y 5 Faraday Avenue Owner:
Carlsbad, CA 92008 !i 2,356,699.00 Phone No.: Contract Price: Date of Comp: 1 a03
3. Project Name: Calavera Hills Owner: McMillin Land Development
Phone No.: Contract Price: Date of Comp: 06/04
760) 602-2460
-
2727 Hoover Avenue National City, CA 91950 619) 477-4117 !i 5,759,460.55
4. Project Name: Eastlake Terraces Owner: The Eastlake Company 900LaneAvenue,Suite100 Chula Vista, CA 91914 $4 ,801,957.00 Phone No.: Contract Price: Date of Comp: 12/03
858) 793-2850
5. Project Name: Pomerado Road Widening Owner: McMillin Land Development
Phone No.: Contract Price: Date of Comp: 10103
2727 Hoover Avenue National City, CA 91950 619) 477-4117 h 1,749,187.00
I- BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
--x
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
'3 Revised 10/08/03 Contract No. 3667-1 1 Page 27 of 104 Pages
wienm: Yut HAd
'V.% CERTIFICATE OF LIABILITY INSURA CE DATE (MWDD/YYYY)
ON1 5/05
I I-..& -R - I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
INSURERS AFFORDING COVERAGE
INSURER& Lexington Insurance Company
INSURER B: Netherlands Insurance Co.
INSURER C
INSURER D
John Burnham Insurance Svcs 16
CA Lic 0099753 / 750 B St., #2400 I- 7 Diego, CA 92101
.d 231-1010 NAlC #
19437
241 71
INSURED
Hazard Construction Company
P. 0. Box 229000
San Diego, CA 92192-9000
POLICY NUMBER POLICY EFFECTIVE POLICY EXPiRAnoh DATE (MWDDIm DATE fMMlDwm
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAM BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAM BEEN REDUCED BY PAID CLAIMS.
05/08/05
TYPE OF INSURANCE
05/08/06 A
A8027366
GENERAL LIABILITY
GENERAL LlABlLrrY
CWMSMADE OCCUR
05/08/05 05/08/06
IIH
AUTO ONLY - EA ACCIDENT
OTHERTHAN AUTO ONLY:
EACHOCCURRENCE
AGGREGATE
AGG
IIU
S
s
S
s
s
s
GENL AGGREGATE LIMIT APPLIES PER:
LOC
AUTOMOBILE LIABILITY
ALL OWNED AUTOS
SCHEDULEDAUTOS
-
X I $1,000 Coll Ded
GARAGE LIABILITY 1
DEDUCTIBLE
RETENTION $
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
ANY PROPRlETORlPARTNERlWCTlM OFFICWEMBER EXCLUDED?
if yes. describe under SPECIAL PROVISIONS below
OTHER
E
s
$
S
- City of Carlsbad
Public Works Department
Attn: Kevin Davis
Carlsbad, CA 92008-7314
1635 Faraday Avenue
lL1462656
10,000 Ded.
SHWLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL-YAIL 311 DAYS WRl"
NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEW,p -
AU ORlZED REPRESENTAM PAM-
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Subject to policy limits, conditions and exclusions.
RE: HCC Job #05061 - 2005 Pavement Overlay Project #3667-11.
The City of Carlsbad, its officials, employees and volunteers
are Named Addl lnsds (GLIAL) as respects captioned operations
of the Named Insd. Coverage is Primary and NonContributory.
LIMITS
EACH OCCURRENCE I s1.000.000 DAMAGE TO RENTED
COMBINED SINGLE LIMIT $1 ,ooo,ooo (Ea accident)
s BODILY INJURY (Per acddent)
PROPERTY DAMAGE (Per acddent) 5
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
GORD 254 (2001108) 2 of 2 #M20901
ENDORSEMENT #
This endorsement, effective 12:Ol AM 05/08/05
Forms a part of policy no.: GL1462656
Issued to: Hazard Construction Company
By: LEXINGTON INSURANCE COMPANY
ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS ( FORM B )
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of person or organization:
BLANKET - “as required by written contract”
(If no entry appears above, information required to complete this endorsement will be shown
in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11 ) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of “your work” for that
insured by or for you.
EXCLUDES ANY AND ALL RESIDENTIAL PROJECTS, THE COVERAGE UNDER THIS
ENDORSEMENT APPLIES EXCLUSIVELY TO WORK PERFORMED ON COMMERCIAL PROJECTS.
IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECT ANY INSURANCE MAINTAINED BY THE
ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS
NAMED INSURED.
EXCESS AND NON-CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE
IT IS AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY
( 30 ) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF
CANCELLATION OR MATERIAL REDUCTION IN COVERAGE.
u(0869 (01/95)
Authorized Representative OR
Countersignature (In states where applicable)
ENDORSEMENT # ..
-
This endorsement, effective 12:Ol AM 05/08/05
Forms a part of policy no.: GL1462656
Issued to: Hazard Construction Company
By: LEXINGTON INSURANCE COMPANY
PRIMARY WORDING/NON-CONTRIBUTORY
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is further agreed that such insurance as is afforded by the policy for the benefit of the Additional
Insureds shall be primary insurance, but only as respects any Claims, Loss or liability arising of the
Named insureds operations and any insurance maintained by the Additional Insured shall be non-
contributing.
All other terms remain unchanged.
Authorized Representative OR
Countersignature (In states where applicable)
uienw: YUI HALAKUGUNI
- .J 231-1010
INSURED
Hazard Construction Company
P. 0. Box 229000
San Diego, CA 92192-9000
I. ACOR& CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE NAlC #
INSURERA: Zurich-American Ins. Co. 16535
INSURER B
INSURER C:
INSURER D:
INSIIRFR F.
DATE (MWDWWW) I 08/15/05
AUTO ONLY - EA ACCIDENT
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATER OF INFORMATION
5
John Burnham Insurance Svcs 16
CA Lic 0099753 I 750 B St., #2400 "- i Diego, CA 92101
OTHERT" EAACC
AGG AUTO ONLY:
I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
$
$
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
03/01/06
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
5
s1,o0o,ooo
$1 ,~o,ooo
$1 ,~o,ooo
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAM BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMMERCIAL GENERAL LIABILITY
CWMSMADE OCCUF
'L AGGREGATE LIMIT APPLIES PEA
LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS t NON-OWNED AUTOS
H
GARAGE LIABILITY
ANY AUTO k
EXCESSNMBRELLA LIABILITY
DEDUCTIBLE
WORKERS COMPENSAllON AND
EMPLOYERS LIABILITY
4NY PROPRlETOIUPARTNERlWCUTlM 3FFICERIMEMBER WCLUDED?
f yes, describe under SPECIAL PROVISIONS below
3THER
______~
kCRIPTION OF OPERATIONS I LOCATIONS I MHI
POLICY NUMBER
WC824841306
.ES I EXCLUSIONS ADDED BY ENDORS Subject to policy limits, conditions and exclusions.
RE: HCC Job #05061 - 2005 Pavement Overlay Project #3667-11.
POLICY EFFECTIVE DATE fMWDDMY)..
03/01/05
lENT I SPECIAL PR(
COMBINED SINGLE LIMIT (Ea accident) It I
BODILY INJURY
PROPERM DAMAGE (Per acddent)
EACHOCCURRENCE I$
AGGREGATE IS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL -MAIL 1311 DAYS WRITEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFr,p
City of Carlsbad
Public Works Department
Attn: Kevin Davis
1635 Faraday Avenue
Carlsbad, CA 92008-7314
ACORD 25 (2001/08) 1 of 2 #MI 4468 WBRl @ ACORD CORPORATION 1988
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer@), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (2001108) 2 of 2 #MI4468
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
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 debarments.
party debarred party debarred
agency agency
,- period of debarment period of debarment
BY CONTRACTOR:
HAZARD CONSTRUCTION COMPANY
(name of Contractor)
By:
W.S. ROGERS, EXEC. VICE PRES.
(print namehitle)
Page / of ,/ pages of this Re Debarment form
Revised 10/08/03 Contract No. 3667-1 1 Page 28 of 104 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
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.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period? L no
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight r period? J““
Yes no
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the W
Yes no
ever been stayed? t Bfk
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.
r“ (If needed attach additional sheets to provide full disclosure.)
Page / of %- pages of this Disclosure of Discipline form
a Revised 10/08/03 Contract No. 3667-1 1 Page 29 of 104 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
$
BY CONTRACTOR:
HAZARD COM§TRlJCTION COMPANY
(name of Contractor)
By:
- (print name/title)
Page 7 of 2- pages of this Disclosure of Discipline form
43 Revised 10/08/03 Contract No. 3667-1 1 Page 30 of 104 Pages
_- BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
State of California 1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
rn, deposes W3f w- , bei
(Name of Bidder)
g first duly W
and says that he or she is 43Qs- vp
(Title)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain ,.-- from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of 'ury that the f rue and correct and that this affidavit was
executed on the /fl day of ,20&T
w Subscribed and sworn to before me on the 14 dayof fd ,20 6
(3 Revised 10108103
(NOTARY SEAL)
Contract No. 3667-1 1 Page 31 of 104 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
CL
On June 14.2005 before me, Angela C. Smithers, Notary Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
personally known to me -1 to be the person&) whose name@ is/twesubscribed to the within instrument and
acknowledged to me that he/!&&ky-executed the same in his/kerft$tir authorized
capacityciesj and that by his- signature@ on the instrument the person@,
or the entity upon behalf of which the personfs) acted, executed the instrument.
ur 1 Luiim
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent fhudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCMPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
ms)
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
GENERAL
TRUSTEE(S)
0 GUARDIANKONSERVATOR
0 OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
- SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR E"(lES)
DATE OF DOCUMENT
SIGNER@) OTHER THAN NAMED ABOVE
c .
May 1 I, 2005
ADDENDUM NO. 1
RE: 2005 PAVEMENT OVERLAY PROJECT, CONTRACT NO. 3667-1 1
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
,- KEVIN DAVIS
Buyer
KD:rh
Attach me nt
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I
~"TRUCilOtu CORAPAN~
1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2720 FAX (760) 602-8562 @
CITY OF CARLSBAD
From:
2005 PAVEMENT OVERLAY PROJECT
Contract No. 3667-1 I
Addendum No. I
Jon Schauble, PE, Project Manager
Phone: (760) 602-2762
Fax: (760) 602-8562
No. of Pages:
Date: May IO, 2005
Bid Opening Date:
5 (including this page)
June 14, 2005 4:OO pm (unchanged)
A.
302-1 1.5 Cold Milling. Add the following:
Cold milling or grinding by the Contractor shall be in accordance with the provisions of Section
302-5.2 Cold Milling Asphalt Concrete Pavement of the Standard Specifications for Public
Works Construction, 2003 Edition. Payment for construction, removal, and disposal of
temporary asphalt concrete ramps shall be included in the bid item for cold milling.
Existing advance traffic signal loop detectors shall be replaced by the Contractor, even when
video detection has been installed at the intersection.
/--
6.
The following streets are being added to the base bid for this project (SEE ATTACHED MAPS):
CANNAS CT
ASTER PL
TULE CT
PENTAS CT
SORREL CT
LOTUS CT
ROSE DR
FOXGLOVE VIEW
Bid Item quantities have been changed as shown in pages 12 and 13 (SEE REVISED
CONTRACT PAGES 12 and 13).
No extra payment shall be made for this additional work, apart from the increase in bid
quantities as shown in the revised contract pages 12 and 13. Lump sum bid items such as
Mobilization, Public Notification, Traffic Control, etc. shall not be increased nor renegotiated
based on the additional work in this addendum. /c
Contract No. 3667-1 1
Addendum No. 1
1
I
f - STREETS TO BE OVERLAYED SHEET 1 OF 2
PROJECT NAME PROJECT EXHIBIT
1 NUMBER
3667- I I 2005 PAVEMENT OVERLAY ADDENDUM #I
LOCATION MAP
*-
PROJECT NAME
2005 PAVEMENT OVERLAY ADDENDUM #I
LO CAT IO N
PROJECT EXHIBIT NUMBER
3667-1 I 7
MAP
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
/-
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
State of California 1
County of 1 ) ss.
, being first duly sworn, deposes
(Name of Bidder)
and says that he or she is (Title)
of (Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the day of 120-.
Signature of Bidder
Subscribed and sworn to before me on the day of
(NOTARY SEAL)
Signature of Notary
Revised 10/08/03 Contract No. 3667-1 1 Page 31 of 104 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this day of ,20&55
by and between the City of Carlsbad, California, a municipal corpoiation, (hereinafter called "City"), and HAZARD CONSTRUCTION COMPANY whose principal place of business is
6465 MARINDUSTRY DRIVE, PO BOX 229000, SAN DIEGO, CA 92192 (hereinafter called
"Contractor") .
City and Contractor agree as follows:
I.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-11
(he rei nafter ca I led " p roject")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
OperatorlLessors, 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@) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
c
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplement 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.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
r^
em %# Revised 10/08/03 Contract No. 3667-1 1 Page 32 of 104 Pages
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
-
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties. -
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method. -
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.
Revised 10/08/03 Contract No. 3667-1 1 Page 33 of 104 Pages
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
-
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
c
(6) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City,. its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
-
<$ Revised 10/08/03 Contract No. 3667-1 1 Page 34 of 104 Pages
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
-
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
- (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. -
Revised 10/08/03 Contract No. 3667-1 1 Page 35 of 104 Pages
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
-
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. &- init2anit
I 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
.-
Revised 10/08/03 Contract No. 3667-1 1 Page 36 of 104 Pages
16. Additional Provkions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. -c-
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
HAZARD COWTRUCTKM COWANY
(name of Contractor)
By:
(print name and title)
($ign here)
T-r. ul/la 5*, Sect&fq
(print name and title)
ATTEST:
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: Def3uty City Attorney \ -
a Revised 10/08/03 Contract No. 3667-1 1 Page 37 of 104 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
State of California
County of San Diego
On SeDtember 1.2005 before me, Angela C. Smithers, Notary Public
personally appeared T.J. Masterson
Date NAME, TITLE OF OFFICER - E.G. ''JANE DOE, NOTARY PUBLIC
NAME@) OF SIGNER(S)
personally known to me
to be the perso@ whose name@ ish subscribed to the within instrument and
acknowledged to me that he/s-he/&ey-executed the same in hiskhkirauthorized
capacity(w and that by hisk/&eir signature(+ on the instrument the person(+,
or the entity upon behalf of which the person@) acted, executed the instrument.
NESS my hand and official seal.
c
~~ uriim-
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
TWS)
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
0 GENERAL
SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENTITYWS)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
State of California
County of San Diego
On September 1,2005 before me, Angela C. Smithers, Notarv Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFFICER - E.G. “JANE DOE, NOTARY F’UBLIC
NAME@) OF SIGNER(S)
personally known to me <
to be the person@) whose name@ is/esubscribed to the within instrument and
acknowledged to me that he&/* executed the same in hisMthkuthorized
capacitycte4) and that by his- signature@) on the instrument the persono,
or the entity upon behalf of which the person@ acted, executed the instrument.
WI’QTESS my hand and official seal.
J
ur 1 iunm
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAC
0 CORPORATE OFFICER
0 PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
c SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
BOND NO. 104459921
PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-219,
adopted JULY 5,2005 . has awarded to HAZARD CONSTRUCTION COMPANY (hereinafter
designated as the "Principal"), a Contract br:
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their 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, HAZARD CONSTRUCTION COMPANY , as Principal,
(hereinafter designated as the "Contractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
as Surety, are held firmly bound unto the City of Carlsbad in the sum
of TWO MILLION FIVE HUNDRED FIFTY-EIGHT THOUSAND FIVE HUNDRED FIFTY-FIVE Dollars
and FIFTY CENTS ($2,558,555.50), said sum being an amount equal to: One hundred percent
(100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for
which payment well and truly to be made we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these presents.
II
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
r
4- ts Revised 10/08/03 Contract No. 3667-1 1 Page 38 of 104 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. I
Executed by SURETY this 15TH day
day of of AUGUST ,2025
@-
CONTRACT& SURETY:
HAZARD CONSTRUCTION COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(name of Contractor) (name of Surety)
By:
W (print name here)
(title and organization of signatory)
By: ( \ (sign here)
(print name here)
(title and organizatioh of signatory) rt secS&f+
9325 SKY PARK COURT, #220
SAN DIECO, CA 92123
(address of Surety)
858-61 6-6240
BY
JACK C. LUPIEN. ATTORNEY-IN-FACT (printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Citv Attornev
By:
City-Attorney \
'3 Revised 10/08/03 Contract No. 3667-1 1 Page 39 of 104 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On Aumst 19,2005 before me, Angela C. Smithers, Notary Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFFICER - E.G. “JANE DOE, NOTARY PUBLIC
NAMF.(S) OF SIGNF.R(S)
personally known to me
to be the person@ whose name(+ is/= subscribed to the within instrument and
acknowledged to me that he/&&hey executed the same in hiskm authorized
capacity(*) and that by hisher*signatur@ on the instrument the persono,
or the entity upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal.
ur I IUIV~
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE@)
0 PARTNER@) 0 LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE@)
GUARJXANKONSERVATOR
0 OTHER:
0 GENERAL
- SIGNER IS REPRESENTING:
NAMES OF PERSON( S) OR ENTITY(IE.S)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On Aueust 19,2005 before me, Angela C. Smithers, Notary Public
personally appeared T.J. Masterson
Date NAME, TITLE OF OFFICER - E.G. “JANE DOE, NOTARY PUBLIC
NAME@) OF SIGNER(S)
personally known to me m. ‘ I~~bj
to be the person@ whose name@) is/- subscribed to the within instrument and
acknowledged to me that he&wexecuted the same in hiskedhkuthorized
capacity(+ and that by hisherfthm ’ signature@ on the instrument the person@,
or the entity upon behalf of which the person@ acted, executed the instrument.
WITNESS my hand and official seal.
UY1 lUNAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TlTLE(S)
PARTNER(S) LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
GUARDIAIWCONSERVATOR
0 OTHER:
0 GENERAL
,- SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENTITY(lES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
State of California )
c
County of San Diego )
On August - 15, 2005 before me, Maria Hallmark, Notary Public, personally
appeared Jack G. Lupien, 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 acted,
executed the instrument.
WITNESS my hand and official seal.
BOND NO. 104459921
PREMIUM: $19,066.00
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-219,
adopted JULY 5.2005 . has awarded to HAZARD CONSTRUCTION COMPANY (hereinafter
designated as the "Principal"), a Contract br:
2005 PAVEMENT OVERLAY PROJECT
CONTRACT NO. 3667-1 1
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, HAZARD CONSTRUCTION COMPANY , as Principal,
(hereinafter designated as the "Contractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
as Surety, are held firmly bound unto the City of Carlsbad in the sum
of TWO MILLION FIVE HUNDRED FIFTY-EIGHT THOUSAND FIVE HUNDRED FIFTY-FIVE Dollars
and FIFTY CENTS ($2,558,555.50), said sum being an amount equal to: One hundred percent
(100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for
which payment well and truly to be made we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these presents. /-.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
em ts Revised 10/08/03 Contract No. 3667-1 1 Page 40 of 104 Pages
- In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this /& Executed by SURETY this 15th day of
AUGUST ,20 05
SURETY:
HAZARD CONSTRUCTION COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(name of Contractor) (name of Surety)
9325 SKY PARK COURT, #220 By: SAN DIEGO, CA 92123
(address of Surety)
858-61 6-6240
(print name here) (telephone number of /’ Surety)
(Title and Organization of Signatory)
JACK C. LUPIEN. ATTORNEY-IN-FACT
(printed name of Attorney-in-Fact)
-
ig n he re)
Mol&w5uur (Attach corporate resolution showing current
(print name here) power of attorney.)
Seccctol P 4
(Title and Organizatiorf cf signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
a Revised 10/08/03 Contract No. 3667-1 1 Page 41 of 104 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On August 19,2005 before me, Angela C. Smithers, Nom Public
personally appeared W.S. Rogers
Date NAME, TITLE OF OFRCER - E.G “JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
personally known to me
to be the person@ whose name@ is/= subscribed to the within instrument and
acknowledged to me that helskeCthyexecuted the same in hislrkerkkei.p. authorized
capacity(&+ and that by his/hed&ew ’ signature(+) on the instrument the person@,
or the entity upon behalf of which the person@) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL) -
UYllUNAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
nlzys)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 AITORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIANKONSERVATOR
0 OTHER:
A SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENlTR(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieno
On August 19.2005 before me, Angela C. Smithers, Notary Public
personally appeared T.J. Masterson
Date NAME, TITL,E OF OFFICER - E.G. "JANE WE, NOTARY PUBLIC
NWS) OF SIGNIX(S)
personally known to me (h
to be the person@) whose name@) is/= subscribed to the within instrument and
acknowledged to me that he/&/&eyexecuted the same in his/htnW authorized
capacityfk) and that by hisMM signature@-on the instrument the person@,
or the entity upon behalf of which the personwacted, executed the instrument.
WITNESS my hand and official seal.
(SEAL) -
UrllUNAL
Though the data below is not required by law. It may prove valuable to persons relying on the document and could
prevent hudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TlTL,E(S)
0 PARTNER(S) LIMITED
ATTORNEY-IN-FACT
17 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
0 GENERAL
- SIGNER IS REPRESENTING:
NAMES OF PERSON(S) OR ENTlTY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
State of California )
County of San Diego )
On August 15, 2005 before me, Maria Hallmark, Notary Public, personally
appeared Jack G. Lupien, 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(s), or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Tara Bacon, Geoffrey R Shelton, of San Diego,
California, their true and lawM Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as hlly and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Cban, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President - may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
a writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertalungs and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
/-
(0245) Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 19th day of May, 2005.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
George W. Thompson
Senior Vice President
On this 19th day of May, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of hisher office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15TH day of
AUGUST ,20 05.
BY Nicholas Seminara
Senior Vice President
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Tara Bacon, Geoffrey R Shelton, of San Diego,
California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President - may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
A writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertalungs and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05) Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 19th day of May, 2005.
STATE OF CONNECTICUT
)SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
BY
George W. Thompson
Senior Vice President
CONN.
On this 19th day of May, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of hidher office under the Standing Resolutions thereof.
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15TH day of
AUGUST ,20 05,
BY Nicholas Serninara
Senior Vice President
POLICY NUMBER: 104459921
STPAUL TRAVELERS
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses
caused by certain acts of international terrorism. We are
providing you with this notice to inform you of the key
features of the Act, and to let you know what effect, if any,
the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as
defined in the Act. The Act further provides that the Federal
Government will pay a share of such losses. Specifically, the
Federal Government will pay 90% of the amount of covered
losses caused by certain acts of terrorism which is in excess
of an insurer's statutorily established deductible for that
year. The Act also caps the amount of terrorism-related
losses for which the Federal Government or an insurer can
be responsible at $1 00,000,000,000.00, provided that the
insurer has met its deductible.
Please note that passage of the Act does not result in any
change in coverage under the attached policy or bond (or
the policy or bond being quoted). Please also note that no
separate additional premium charge has been made for the
terrorism coverage required by the Act. The premium charge
that is allocable to such coverage is inseparable from and
imbedded in your overall premium, and is no more than one
percent of your premium.
ILT-1018 (9/04)
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 the 2005 Pavement Overlay Project, Contract No. 3667-1 1 in the
amount of dated (hereinafter referred to as the
"Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the
retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow
Agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the City and shall
designate the Contractor as the beneficial owner.
-
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
rc
Revised 10/08/03 Contract No. 3667-1 1 Page 42 of 104 Pages
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
c
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
c
For City:
For Contractor:
Title FINANCE DIRECTOR
Name
Signature
Address
Title
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.
43 Revised 10/08/03 Contract No. 3667-1 1 Page 43 of 104 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above. c I
For City:
For Contractor:
For Escrow Agent:
@ Revised 10/08/03
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 3667-1.1
~~
Page 44 of 104 Pages
SUPPLEMENTAL PROVISIONS
FOR
2005 Pavement Overlay Project
CONTRACT NO. 3667-1 1
CITY OF CARLSBAD
SUPPLEMENTAL PROVISIONS TO
"GREENBOOK"
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
2003 EDITION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
Revised 10/08/03 Contract No. 3667-1 1 Page 45 of 104 Pages
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is emplbyed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Deputy City Engineer, Construction Management & Inspection - 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.
@ Revised 10/08/03 Contract No. 3667-1 1 Page 46 of 104 Pages
1-3 ABBREVIATIONS - -
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ....................................... .Apartment and Apartments
Bldg ........................................ Building and Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet-per--Sewnd------
Comm ..................................... Commercial
DR .......................................... Dimension Ratio E ............................................. Electric
EWA ....................................... Encina Wastewater Authority
G ............................................. Gas
gal ........................................... Gallon and Gallons ~
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm .........................................g allons per minute
IE ............................................ Invert Elevation
LW D ....................................... Leucadia Wastewater District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-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 Drawings
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VWD ....................................... Vallecitos Water District
~~
- ~
~~ -
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of
the work performed in excess of 50 percent of the contract price by other than the Contractor’s own
organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (10) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, ”who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
<3 Revised 10/08/03 Contract No. 3667-1 1 Page 47 of 104 Pages
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total
amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment
of laborers and materials suppliers in a sum not less than one hundred percent of the total amount
payable by the terms of this contract.
0
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 0
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), 2003 Edition, and the 2004 supplements thereto, hereinafter designated "SSPW C", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works AssocTStion 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 18 sheets designated as City of Carlsbad Drawing No. 420-1. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department oLPublic 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 CMW DSD, as issued by the Carlsbad Municipal Water District.
4m &# Revised 10/08/03 Contract No. 3667-1 1 Page 48 of 104 Pages
Add the following section: 2-5.1.1 Bid Item Descriptions
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence:
1) 2) Supplemental Provisions. 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.
Permits from other agencies as may be required by law.
-4) Standard Plans. -
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. 3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents.
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:
a
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.”
By: Title:
Date: - __
Company Name:
4- k# Revised 10/08/03 Contract No. 3667-1 1 Page 49 of 104 Pages
Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore.
__
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by 55 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire -0 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:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for the
-repkcement- of disturbed monuments and -the filing of records of survey and/or corner-records,
including filing fees, shall be incidental to the work necessitating the disturbance of said monuments
and no additional payment will be made.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-1 0.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer
may request.
<$ Revised 10/08/03 Contract No. 3667-1 1 Paae 50 of 104 Paaes
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer,
within San Diego County, accurate books and accounting records relative to all its activities and to
contractually require all subcontractors to this Contract to do the same. The Engineer shall have the
right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to
this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to,
audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor‘s staff
and the staff of all subcontractors to this contract. At any time during normal business hours and as
~ often-as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make
available to the Engineer for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Engineer to audit, examine,
copy and make excerpts or transcripts from such data and records, and to make audits of all
invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by
this Contract. However, any such activities shall be carried out in a manner so as to not
unreasonably interfere with Contractor’s ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required
by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 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. a
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:
(a) and sh-all constituie tlie mxrmptorallemead and profits:- 1) Labor ................................... 20 2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
Work by Contractor. The following percentages shall be added to the Contractor’s costs
- __ -
4%
Revised 10/08/03 Contract No. 3667-1 1 Page 51 of 104 Pawes
(b) When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
Work by Subcontractor.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655.
”The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
__ ___ Company Name: ~__
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.
@ Revised 10/08/03 Contract No. 3667-1 1 Page 52 of 104 Paaes
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
-- - t.-Prejectkpe6&r - - -~ - ~~ - -
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California. ~
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1 , 1991.
e= sQ Revised 10/08/03 Contract No. 3667-1 1 Page 53 of 104 Pages
201 04.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within
15 days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for_-filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
e= 69 Revised 10/08/03 Contract No. 3667-1 1 Page 54 of 104 Paaes
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in hzcaseofarbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.1 0) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
0
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
__ ... - _. .
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety
of persons as contained in the Sate of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, 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
any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Revised 10/08/03 Contract No. 3667-1 1 Page 55 of 104 Pages
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 suitabilimf application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter -that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefore or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
’3 Revised 10/08/03 Contract No. 3667-1 1 Page 56 of 104 Paaes
5-6 COOPERATION.
Add the following: The Contractor shall cooperate with utility companies so that they may adjust their
facilities to grade. The Contractor will place and pave over adjustment rings to within 3/8 of an inch
when provided by the utility company. The Contractor will place tabs or markers and pave over the
tabs when provided by the utility company. The aforementioned tasks and coordination shall be paid
for as part of the bid item for Asphalt Concrete, Asphalt Concrete Leveling Course, and Asphalt
Rubber Hot Mix, whichever is being applied to that street. No additional compensation shall be made
4cHhw.wt-k. - ~- - ~ ______ __ - -~ ~~~~ -
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
8-1-CONSTRWTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within five (5) 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 after the completion of
the preconstruction meeting.
0
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule at the Pre-Construction Meeting per the submittal requirements of Section
2-5.3.
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 therefore.
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 Contractor must comdete all concrete work
prior to any asphalt concrete pavina.
e %$ Revised 10/08/03 Contract No. 3667-1 1 Page 57 of 104 Pages
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project
Representative shall be the individual determined under section 7-6, ‘The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily- written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim@) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 75 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: The hours of work on each street shall be as stated below.
No work shall occur on Agency holidays. Construction adjacent to any school on a weekday shall
occur between 9:00 a.m. and 2:OO p.m. Hours of work required by the approved Traffic Control Plans
will supercede the hours of work listed in this section. The Contractor shall obtain the written
approval of the Engineer if the Contractor desires to work outside said hours or at any time during
holidays. This written permission must be obtained at least 48 hours prior to such work.
The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency.
The Contractor shall pay the inspection costs of such work.
Rancho Santa Fe Road and El Camino Real: Pavement repairs and cold milling shall be performed
Monday through Friday from 8:30 a.m. to 3:30 p.m. Pavement overlay shall be performed on
Saturday and Sunday from 7:OO a.m. to 4:OO p.m.
Tamarack- Avenue, La Costa Amue, Mamn Road, Unicornio Street, - Avenida Del Parasio,
Las Palmas Drive, Beech Avenue, Dove Lane, and Calavera Parking Lot: All Work shall be
performed Monday through Friday from 8:30 a.m. to 3:30 p.m.
Video Detection Systems shall be installed Monday through Friday from 7 a.m. to 4 p.m. prior to any
cold milling near a signalized intersection.
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.
-~ _.
43 Revised 10/08/03 Contract No. 3667-1 1 Page 58 of 104 Paaes
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the completed
- VVw-Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion’’
to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date
of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty
work or’-maferiatolscovered duringthe 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 Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day
is the minimum value of costs and actual damages caused by the Contractor to complete the Work
within the allotted time. Any progress payments made after the specified completion date shall not
constitute a waiver of this paragraph or of any damages. e
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way,
grading and building permits necessary to perform work for this contract on Agency property, streets,
or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are
obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed
from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid
item and no additional compensation will be allowed therefore.
<$ Revised 10/08/03 Contract No. 3667-1 1 Page 59 of 104 Pages
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall
also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefore.
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 therefore. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefore.
7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State
Water Resources Control Board (SW RCB) Order Number 99-08-DWQ, National Pollutant Discharge
Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements
(WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit)
and subsequent adopted modifications and with all requirements of the Storm Water Pollution
Prevention and Monitoring Plans for this project in accordance with these regulations.
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.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
During paving operations, the Contractor’s schedule shall be designed to provide residents and
business owners whose streets are to be paved sufficient paved parking within an 800-foot distance
from their homes or businesses.
om %# Revised 10/08/03 Contract No. 3667-1 1 Pacle 60 of 104 Paaes
Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additioditdocation,-One number shall be Ihe-ContracWk- permanent off ice or field office a-nd the
other number shall be a 24-hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval.
0
~ Notices sbtt rrot bedistributed until approved by the frtgineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-112 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.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following:
1) The Engineer ............................................................................ (760) 602-2720
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97
3) CarlsbdU3!iceDepartment Dispatch ............................................... (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations.. .......................................... (760) 602-2752
6) North County Transit District.. ...................................................... (760) 967-2828 7) Waste Management ........................................................................... (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing any
traffic control that affects bus stops.
<$ Revised 10/08/03 Contract No. 3667-1 1 Page 61 of 104 Pages
Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the CALTRANS
‘Traffic Manual”, 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hisher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-1 0.3.1 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 21 0-1.6for materials and section 31 0-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the 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 the hours of darkness, they shall be affixed
or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except
the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be
parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
-__ shoulder areashallbe clos-ed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment.
A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or
telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the
Engineer.
c$ Revised 10/08/03 Contract No. 3667-1 1 Page 62 of 104 Paaes
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet,
nor operate equipment within 2 feet from any traffic lane occupied by traffic. For equipment the two
foot clearance shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor ____ and approved bye Engineer or for the ~ work of installing, maintaining
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent
traffic lane or provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than 12 feet wide, shall
be open for ussbypubktraffic ineach direction of travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
"Traffic Manual", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these
Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
Add the following section:
--~_____. 7-1 0.3.5 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", latest edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
@ Revised 10/08/03 Contract No. 3667-1 1 Page 63 of 104 Pages
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.
-8
Add the following section:
7-10.3.6 Preparation of Traffic Control Plan Sheets. The Contractor shall submit Traffic Control
- Plans _- (T-CP) or-Traffic Control Staging plans-(TCPl forAny and-all constructionactivities that are
located within the travelled way. The Contractor shall have TCP prepared and submitted at the Pre-
Construction Meeting. The Contractor must submit the TCP for the Engineer's review in
conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of
the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3.1
for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to,
for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire
duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show
the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan
and the methodology proposed to transition to the subsequent TCP phase. When the vertical
alignment of the travelled surface differs from the finished pavement elevation vertical curves must
also be shown. Such modifications, supplements and/or new design of TCP shall meet the
requirements of the Engineer and Chapter 5 of the 'Traffic Manual", latest edition as published by
CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared
by a registered professional engineer appropriately registered in the State of California. The
Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements,
and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or
new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements,
and/or new designs to the TCP prepared by the registered professional engineer retained by the
Contractor will- be beneficial to the best interests of the Agency. Such modification, addition,
supplement, and/or new design shall not be implemented and no work shall be commenced that is
contingent on such approval until the changed TCP are approved by the Engineer. The preparation
of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their
approval or obligate the Agency in any fashion. Submittal and review requirements for such
modifications, supplements, and/or new designs to TCP shall conform to the requirements of section
2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
__ doing ~ all __ the ~ work involved in preparation, reproduction and changing of traffic-con'irol plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." Contractor will provide traffic
control for the City's Inspector to walk the roadways and mark out the areas of repair prior to the start
of construction as part of the bid item for Traffic Control. The cost of labor and material for portable
concrete barriers will be paid as an incidental to the work being performed and no additional payment
will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of
the improvement work completed.
t? Revised 10/08/03 Contract No. 3667-1 1 Page 64 of 104 Pages
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
0
--fallingmaterials, ____ ~ .
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the
U.S. Standard Measures.
9-3 PAYMENT. 0 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”.
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment reques€XJpon -recelpfoTthe supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
-\Nri#ing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. 0
(3 Revised 10/08/03 Contract No. 3667-1 1 Page 65 of 104 Pages
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment-Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
~ ~~
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processedwithin 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.
’3 Revised 10/08/03 Contract No. 3667-1 1 Page 66 of 104 Paaes
Add the following section:
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated 0
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and Preparatory Work will
be made at the lump-sum price bid, and includes full compensation for furnishing all insurance,
bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work
mobilization and preparatory work and operations, including, but not limited to, those
necessary for the movement of personnel, equipment, supplies, and incidental to preparing to
conduct work on and off the project site and other offsite facilities necessary for work on the project;
for all other facilities, sureties, work and operations which must be performed or costs incurred prior
to beginning work on various contract items on or off the project site, excepting those specifically
paid for under separate sections of these specifications. The Contractor hereby agrees that the xtiputatect lumpscrm amount is sufficient for Mobilization and Preparatory Work, as described in this
section, and that the Contractor shall have no right to additional compensation for Mobilization and
Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of
the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefore.
Revised 10/08/03 Contract No. 3667-1 1 Page 67 of 104 Pages
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans
Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2
Aggregate Base and as specified below in Section 200-2.7 of these Supplemental Provisions.
Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic
matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material
processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement
treated base or a combination of any of these materials.
Aggregate shall conform to the grading and quality requirements shown in the following tables.
At the option of the Contractor, the grading for either the 11/2-inch maximum or 314 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer‘s
- -AGGREGATEGRADING REQUIREMENTS written __- approval. - - -~
Percentage Passing
1 1/zY Maximum 3/4” Maximum
Sieve Sizes 2” .................................. 1 1/2” .............................
1 “ ..................................
314’’ ...............................
No. 4 ............................. No. 30 ........................... No. 200 ........................
Operating Range 100
90-1 00 -
50-85
25-45 10-25
2-9
Operating Range
-
100 90-1 00
35-60 10-30 2-9
QUALITY REQUIREMENTS
Tests Range Resistance (R-value) 78 Min.
Sand Equivalent 25 Min.
Durability Index 35 Min.
__ - _ ~~~ Oper;irt,Lng
The aggregate shall not be treated with lime, cement or other chemical material before the
Durability Index test is performed.
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Operating Range” but meet the “Contract Compliance” requirements,
placement of the aggregate base may be continued for the remainder of that day. However,
another day’s work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for “Operating Range.”
tp Revised 10/08/03 Contract No. 3667-1 1 Page 68 of 104 Paaes
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Contract Compliance,’’ the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the
aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for
such aggregate base left in place. The City may deduct this amount from any moneys due, or that
may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent
do not conform to the “Contract Compliance” requirements, only one adjustment shall apply.
@
Type of Construction
All Concrete Used Within the Right-of-way
Trench Backfill Slurry
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or
one da7)s~ro~u-rionnwivh-~~veri--smaIte-~ - __ - ~ ____ ~ ~
Concrete
Class
330-C-23
(560-C-3250) (I)
1 15-E-3
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
Street Light Foundations and Survey Monuments
~- 201-1 PORTLAND CEMENT CONCRETE
~ ____ ~__ ______
(1 90-E-400)
330-C-23
TABLE 201 -1.1.2(A) Modify as follows:
Traffic Signal Foundations
Concreted-Rock Erosion Protection
a (560-C-3250)
350-C-27
(590-C-3750)
31 0-C-17
Maximum
Slump mm (Inches)
(4
200 (8”)
100 (4“)
100 (4”)
per Table 300-1 1.3.1 I (520-C-25OOP) I
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
be as per Table 201 -1.1.2(A) SSPWC.
(2) As per Table 201 -1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works
Construction not shown herein as changed are not affected by this table.
201 -1.2 Materials.
201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored
admixtures developed for use in ready mixed concrete. The product shall be made of the highest
quality pigments, as well as other ingredients designed to enhance the color and improve the
pigment dispersion, workability and finishing performance of the concrete. Integral color pigments
shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork
applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other
types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the
concrete surface and interior, and shall be highly UV and fade resistant.
Integral colored concrete shall be cured with QC Color Cure color matched to the concrete
(see product information bulletin). Provide sample panel submittals of all colors to be used in the
installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. 0
43 Revised 10/08/03 Contract No. 3667-1 1 Page 69 of 104 Pages
Admixture for all integral colored concrete paving in medians and other integral colored concrete
shall be the following:
Color: match existing
Curing:
Manufacturer:
Scofield Colorcure Concrete Sealer (or approved equal). See Section
201 of these Supplemental Provisions for Concrete Curing Materials.
Scofield Chromix Admixtures for color-conditioned concrete,
or approved equal
-~ __ - L.M: _. Scofield Company
6533 Bandini Boulevard
Los Angeles, CA 90040
__. _- _-- - - - 1-800-800-9900 ~- I
Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA).
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.
Add the following:
201-1.6 Finish: match existing
Add the following:
201 -1.7 Miscellaneous Concrete Finishing Products.
201-1.7.1 Water Base Penetrating Sealer for Integral Concrete Sealer or approved equal) - Colored Concrete. (Scofield Colorcure
Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete.
Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance.
Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications:
Color:
Odor: Flash Point: Specific Grav.: Density: Drying Time: Cure Time: VOC Content: Polymer Type: Coverages (approximate): Smooth Concrete: Rough Concrete:
Clear, non-yellowing Mild
None (C.O.C. method)
1.03 8.6 pounds per gallon
30 minutes to 60 minutes 24 to 48 hours
None (0 g/l) excluding water Proprietary Reactive Resin System
300 to 400 square feet per gallon 200 to 300 square feet per gallon
Revised 10/08/03 Contract No. 3667-1 1 Page 70 of 104 Pages
Note: Coverages vary depending on porosity and condition of surface and method of
application. Method of Application: Airless sprayer Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company
6533 Bandini Boulevard Los Angeles, CA 90040
1 -800-800-9900
All materials shall be furnished, prepared, applied, cured, and stored according to the product
manufacturer’s direction.
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.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following:
201 -3.4 Type “Ayy Sealant (Two-Part Polyurethane Sealant). Add the following:
All finished concrete surfaces shall have a W’ continuous expansion joint at locations indicated on
the plans and notes and shall be located either parallel to perpendicular to the curb line. When not
otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type
“A and colored to match the color of the concrete surface.
Contractor shall provide joint sealants that have been produced and installed to establish and to
maintain watertight and airtight continuous seals without causing staining or deterioration of joint
substrates.
Contractor shall submit product data from the manufacturer of each joint sealant product required,
including instructions for joint preparation and joint sealer application. Contractor shall also submit
samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of
strips of actual products showing full range of colors available, for each product exposed to view.
Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type
is to be used) of each sealant.
Contractor shall engage an experienced installer who has completed joint sealant applications similar
in material, design and extent to that indicated for Project that have resulted in construction with a
record of successful in-service performance.
Provide joint sealants, joint fillers, and other related materials that are compatible with one another
and with joint substrates under conditions of service and application, as demonstrated by sealant
manufacturer based on testing and field experience.
Provide color selections made by Engineer from manufacturer’s full range of standard colors for
products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment
Type “A as specified in Section 201 -1.2.4(a) of these Special Provisions.
Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide
manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant;
complying with either ASTM-C-920-87, Type MI Grade P, Class 25, or FS TT-S 0227E Class A,
non-sag, Type It.
0
e= kp Revised 10/08/03 Contract No. 3667-1 1 Page 71 of 104 Pages
Acceptable Products: “Sonneborn NPII”; Sonneborn Building Products Division; “Scofield Lithoseal
Trafficalk 3-G”, L.M. Scofield Company; or equivalent, as approved by the Engineer.
Provide sealant backings of material and type that are nonstaining; are compatible with joint
substrates, sealants, primers and other joint fillers; and are approved for applications indicated by
sealant manufacturer based on field experience and laboratory testing.
Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.
Polystyrene foam is not acceptable.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
DELETE sections 203-6.2 and 203-6.3.2 and ADD the following:
203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and
class E-AR-8000 ditches.
203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125.
When Wet Mix or- Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for:
1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202.
2. Stability’ using:
a.
b.
Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or Marshall Stability in accordance with the Asphalt Institute’s MS-2 fabricated and tested for traffic volume and shall be the average of three specimens.
Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted 1
gradation complies with Table 203-6.3.2 (A).
2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4.
When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results.
Revised 10/08/03 Contract No. 3667-1 1 Page 72 of 104 Pages
The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares,
overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete
placed on the traveled way.
203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in
conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the
gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be
considered in conformance with the mix design provided the stability of the completed mix complies
with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt
Institute MS-2.
Plant inspected asphalt concrete will be considered in conformance with the mix design when
visually inspected and the combined gradation of the Bin samples show conformance to the grading
as shown in Table 203-6.3.2 (A). ~~
203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “and from
the Engineer’s field laboratory”. Last paragraph, add after D 21 72: “method A or 6.”
203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in
the work.
203-1 1 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS
203-11.3 Composition and Grading. Add the following: Asphalt Rubber Hot Mix shall be class
ARHM-GG-C.
Add the following section:
203-13 ASPHALT PAVEMENT CRACK SEALANTS
203-1 3.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a
composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric
sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended
by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that
has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable
for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the
performance characteristics in Table 203-1 3(A).
4w %# Revised 10/08/03 Contract No. 3667-1 1 Page 73 of 104 Pages
Property Measuring Standard Results
(ASTM Desig nation)
Hard ness ASTM D 2240 Rex. 65 - 85
Conditions
25°C 8 50% relative
(indentation)
Tensile
Strength
Elongation
Type A, Model 1700 humidity
ASTM D 412 Die C,
ASTM D 412 Die C,
3.45 MPa, minimum
400%, minimum
pulled at 508 mm (20) per
minute
pulled at 508 mm (20") per -
Flex at -40°C
203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of
California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete
pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where
the slope causes the material to run from the slot. The material shall not be thinned in excess of
the manufacturer's recommendations and shall not be placed when the air temperature is less
than 7°C (45°F).
minute
over 13 mm ('/;I) Mandrel 0.6 mm (25 mil) Free No cracks
203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid
form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C
(400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both
asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-
melt rubberized asphalt shall be as per Table 203-1 3.3(A).
~ ~~ ~ ~~ ~ ~ ~-
Weathering
Resistance
Salt-Spray
.. Film Bend (1 80')
ASTM D 822 Slight chalking
Weatherometer 350 h
ASTM 6 117 28 days
Cured 7 days at 25°C 8
50% relative humidity
5% NaCI, Die C, pulled at 3.45 MPa, minimum
<$ Revised 10/08/03
Resistance
Dielectric
Constant
Contract No. 3667-1 1
at 38°C tensile; 400% minimum 508 mm (20") per minute
ASTM D 150
Elongation
Less than 25% change over a temperature range of
-3OQC to 50QC
Page 74 of 104 Pages
Property
Cone Penetration
Flow, 60°C ~
Resilience
Softening Point,
Ductility,
Flash Point, COC, "C
Viscosity, Brookfield
Thermosel,
Measuring Standard (ASTM Results Conditions
25"C, 150 g, 5 s
Designation)
ASTM D 3407, Sec. 5
ASTM D 3407, Sec. 6
,ASTM D 3407, Sec. 8 25%, min. 25°C
ASTM D 36
ASTMD113 300 mm, min. 25"C, 50 mm/min
ASTM D 92
ASTM D 4402 2.5-3.5 Pass No. 27 Spindle, 20
3.5 mm, max.
5 mm, max.
82 "C, min.
288 "C, min.
rpm, 190°C,
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFICSIGNS.
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 1980, all published by the State of California, Department of Transportation, Division of
Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA
9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS,
October 1993 require the Contractor or supplier to notify the Department of Transportation or to
certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing,
approval, observation of manufacturing or assembly operations by the State of California,
Department of Transportation and/or its employees or officials, such rights shall be vested in the
Engineer.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993,
Sheets 1 through 5 that accompany ”Specifications For Reflective Sheeting Signs, October 1993” of
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all
published by the State of California, Department of Transportation, Division of Procurement Services,
Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified
herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the
Contractor or supplier to notify the Department of Transportation or to certify compliance to said
“Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operations by the State of
California, Department of Transportation and/or its employees or officials, such rights shall be vested
in the Engineer.
Add the following section:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as
follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign
Specification Sheets” of the State of California, Department of Transportation. The date of approval
shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the
“Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Type Ill encapsulated lens sheeting conforming to the requirements of this specification.
e- %# Revised 10/08/03 Contract No. 3667-1 1 Page 75 of 104 Pages
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as
follows: Excepting only construction warning signs used at a single location during daylight hours for
not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of
vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum
substrate.
Add the following section:
2QEL2.5 StatiQn~ry_Moun~eed_Temporary -Txaff ic Signs. Stationary mount&-bmporary traffic
signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same
manner shown on the State of California, Department of Transportation ”Standard Plans” 1995
edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as
follows:
a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5
@)of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mountedsigns
are installed and the type of sign installation is not shown on the plans, post size and the number of
posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of
reflective sheeting applied to a sign substrate.
Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of
a base, standard or framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg-
end requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12). All parts of the sign standard or framework
shall be finished with 2 applications of orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
~
@ Revised 10/06/03 Contract No. 3667-1 1 Page 76 of 104 Pages
Add the following section:
206-9 PORTABCE CHANGEABLE MESSAGE SIGN
Add the following section:
206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller
unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall
be assembled to form a complete self-contained portable changeable message sign, which can be
delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall
be capable of operating in an ambient air temperature range O~AW!C-(-~~E)AL+~Q~C (1589F) and
shall not be affected by unauthorized mobile radio transmissions.
The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be
with the bottom of the sign at least 2.1 m (7') above the ground and the top no more than 4.4 m
(14.5') above the ground. After initial placement, PCMS shall be moved from location to location as
directed by the Engineer
Add the following section:
206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of
460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by
persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not
less than 7 characters per line. Sign messages to be displayed shall be as approved by the
Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method
which does not interfere with the clarity of the sign message. The sign shall be raised and lowered
by means of a power driven lifting mechanism. The matrix sign shall be capable of complete
alphanumeric selection.
Lamp matrix type signs shall be equipped with an automatic dimming operational mode that
automatically compensates for the influence of a temporary light source or other abnormal lighting
conditions. The sign shall have manual dimming operation modes of 3 or more different lamp
intensities.
Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at
least 5 pre-programmed messages. The controller shall be installed in a-location allowing the
operator to perform all functions from one position. A keyboard entry system shall be provided to
allow an operator to generate an infinite number of additional messages over the pre-programmed
stored messages. The keyboard shall be equipped with a security lockout feature to prevent
unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the
keyboard created messages in memory during periods when the power is not activated. The
controlLer shall provide for a variable message display rate which allows the operator to match the
information display to the speed of the approaching traffic. The flashing off time shall be operator
adjustable within the control cabinet.
Add the following section:
206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the traffic control plans, specified herein, and designated by the Engineer. The
PCMS will be diligently maintained and repaired by the Contractor throughout the project in
accordance with the manufacturer's recommendations. If ownership is transferred to the City (at the
end of the job), it must be demonstrated to be in good working condition, and meet the provisions of
these specifications, including current registration.
p,s Revised 10/08/03 Contract No. 3667-1 1 Page 77 of 104 Pages
Add the following section: 206-9.4 Measurement and Payment. The contract price bid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the PCMS and other signs as required by the approved traffic control plans and no other compensation will be made.
SECTION 209 - ELECTRICAL COMPONENTS
- --- . ~-as-fotrn*~ , gfmtsrtghtiq-and Traffic
Electrical Systems”, herein, shall replace Section 209, “Electrical Components”, of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and materials and
methods of construction for all elements of street lighting and traffic signals. For electrical components provided and installed in systems not including street lighting and traffic signals section 209 SSPWC is unmodified except as specified in sections other than section 209, “Signals, Lighting and Elec3rieaI !3ystems”, herein. For section 209, “Signals, Lighting and Traffic Electrical Systems”, for all elements of street lighting and traffic signals both construction materials and construction
methods have been combined into a single section.
SECTION 209 - SIGNALS, LIGHTING AND
TRAFFIC ELECTRICAL SYSTEMS
209-1 GENERAL
209-1.01 Description. Signals, lighting and electrical systems work shall consist of furnishing and installing, modifying or removing one or more traffic signals, traffic signal master controller assemblies and interconnection facilities, flashing beacon systems, lighting systems, sign illumination systems, traffic monitoring stations, communication systems, electrical equipment in structures, falsework lighting, provisions for future systems, -~ or combinations thereof, all as shown on the plans, and as specified in these special provisions.
The locations of signals, beacons, standards, lighting fixtures, signs, controls, services and appurtenances shown on the plans are approximate and the exact locations will be established by the Engineer in the field. All systems shall be complete and in operating condition at the time of acceptance of the contract.
209-5 DETECTORS
209-5.01 Vehicle Detectors. Vehicle detectors shall be the type or types shown on the plans. All sensor units, control units, and amplifiers shall meet the requirements of California Test 675. The units shall not be affected by transient voltages when tested in accordance with California Test 667. Af’ter a power interruption the units shall return to normal operation within one minute. Each unit
__ - shall _be provided-with_a_lighj -or metgrL-fgr_ each output circuit, to indicate when the detector is
detecting a vehicle. Each detector shall operate over the range of voltages from 100 volts to 135 volts at 60 Hz. Circuitry shall be solid-state except relays with normally closed contacts may be used for the output circuit. Units shall be designed to provide ease of maintenance with easily accessible electronic components. Each detector shall provide vehicle detection without readjustment from -18°C to 71°C (0’ to 160°F). Units shall use printed circuit boards designed to facilitate identification of components. This shall be done by either part identification markings or by providing a pictorial diagram showing physical location and identification of each component. Each printed circuit board shall have the following minimum quality requirements: NEMA FR-4 glass cloth base epoxy resin board, 1.5 mm (’/lgLL) minimum thickness, organic solder masking and gold2 plated contacts. lntercomponent wiring shall be copper track with a minimum mass of 600 g/m (2 odff). Printed circuit design shall be such that components may be removed and replaced without permanent damage to boards or tracks. Splices shall conform to the provisions in Section 209-2.09, “Wiring.”
e Revised 10/08/03 Contract No. 3667-1 1 Paae 78 of 104 Paaes
209-5.01 A Inductive Loop Detectors. Inductive loop detectors shall conform to the following:
209-5.01A(1) General. The term “inductive loop detector“ applies to a complete installation
consisting of a loop or group of loops installed in the roadway, as shown on the plans, lead-in cable and a sensor unit with power supply installed in a controller cabinet.
209-5.01 A(3) Sensor Unit Construction. “Card” type sensor units shall conform to the requirements in “Traffic Signal Control Equipment Specifications,” issued by the State of California, Department of Transportation, and to all addendums thereto current at the time of project advertising. Shekwuntehensor units skall amform to therequirements in Section 1 1 of the NEMA Standards Publication No. TS 1. Capacitors or inductors necessary for loop tuning shall not be mounted
external to the sensor unit.
209-5.01A(4) Construction Materials. Conductor for each inductive loop detector shall be continuous and unspliced and shall conform to one of the following:
Type 1 loop wire shall be Type RHW-USE neoprene-jacketed or Type USE cross-linked polyethylene insulated, No. 12, stranded copper wire. The minimum insulation thickness at any point shall be
1 .O mm (40 mils).
Type 2 loop wire shall consist of a conductor inside of plastic tubing. The conductor shall be Type THWN or Type XHHW, No. 14, stranded copper wire. The tubing shall be polyethylene or vinyl, rated for use at 105”C, and shall be resistant to oil and gasoline. The tubing shall have a maximum outside diameter of 7 mm (0.27”) and a minimum wall thickness of 0.71 mm (0.028). The conductors shall not be spliced inside the tubing.
Conductors for loop detector lead-in cable shall be 2 No. 16 (19 x 29) stranded tinned copper. Loop detector lead-in cable shall conform to the calculated cross sectional area of ASTM Designation: B 286, Table 1. The lead-in cable shall conform to one of the following:
Type B lead-in cable shall be insulated with 0.5 mm (20 mils) of high-density polyethylene. The conductors shall be twisted together with at least 6 turns per meter and the twisted pair shall be protected with a copper or aluminum polyester shield. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet. The cable shall be provided with a high-density polyethylene or high-density polypropylene outer jacket with a nominal thickness of 0.8 mm (35 mils). An amorphous interior moisture penetration barrier of nonhydroscopic polyethylene or polypropylene fillers shall be provided.
Type C lead-in cable shall conform to International Municipal Signal Association (IMSA) Specification No. 50-2. A No. 20, minimum, copper drain wire shall be provided and connected to the equipment ground within the cabinet.
209-5.01 A(5) Installation Details. Installation and tests shall conform to the details and notes -shown-orthe plans. Unless showwetherwise each loop shall consist of 3 turns of conductor as specified in Section 209-5.01 A(4), “Construction Materials.” Slots cut in the pavement shall be washed clean, blown out and thoroughly dried before installing conductors. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface before any residue flows off of the pavement surface. Residue from slot cutting operations shall be disposed of outside the highway right of way in accordance with Section 7-8.1, “Cleanup and Dust Control.” After conductors are installed in the slots cut in the pavement, the slots shall be filled with sealant to within 3 mm (1/81‘) of the pavement
surface. The sealant shall be at least 25 mm (1“) thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. The sealant for filling slots shall conform to the following:
0
e=
Revised 10/08/03 Contract No. 3667-1 1 Page 79 of 104 Pages
TABLE 209-5.01A(5)(B)
Cone
CURED HOT-MELT RUBBERIZED ASPHALT
Property I Measuring Standard (ASTM I Results I Conditions Designation)
ASTM D 3407, Sec. 5 3.5 mm, max. 25"C, 150 g, 5 s
Softening
Point,
Ductility,
Flash Point,
COC, "C
Viscosity,
Brookfield
Thermosel.
Penetration I I I
ASTM D 36
ASTM D 11 3 300 mm, min. 25"C, 50 mm/min
ASTM D 92 288 "C, min.
ASTM D 4402 2.5-3.5 Pa-s No. 27 Spindle, 20 rpm,
82 "C, min.
1 90"C,
- Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max.
Resilience ,ASTM D 3407, Sec. 8 25%, min. 25°C __
The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type melting unit.
Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application of the hot-
melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be applied
when the pavement surface temperature is greater than 4°C (40°F). Hot-melt sealant shall be
packaged in containers clearly marked "Detector Loop Sealant" and specifying the batch and lot
number of the manufacturer.
Loop conductors shall be installed without splices and shall terminate in the nearest pull box.
sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be
made until the operation of the loops under actual traffic conditions is approved by the Engineer.
All loop conductors for each direction of travel for the same phase of a traffic signal system, in the
same pull box, shall be spliced to a detector lead-in cable which shall be run from the pull box
adjacent to the loop detector to a sensor unit mounted in the controller cabinet. All loop conductors
for traffic monitoring shall terminate in a pull box or terminal strip in the traffic monitor station cabinet
when a cabinet of that type is installed. Conductors for inductive loop traffic signal and traffic
monitoring installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to
the loops and near the termination of the conductors in the controller or traffic monitoring station
cabinet. Bands shall conform to the provisions in Section 209-2.09, "Wiring."
- The loops shall be joined in the pull box in combination of series and parallel so that optimum
If - asphalt __ concrete - surfacing is __ to ___ be placed, the loop conductors shall be installed-prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans,
in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation
details shall be as shown on the plans, except the sealant shall fill the slot flush to the surface.
209-5.01 B Emergency Vehicle Pre-Emption Detector System. Each emergency vehicle
preemption detector system shall-conform to the details shown on the plans and these special
provisions and shall consist of an optical emitter assembly or assemblies located on the appropriate
vehicle and an optical detector/discriminator assembly or assemblies located at the traffic signal.
Each system shall permit detection of Class II emergency vehicles. Class II emergency vehicles
shall be capable of being detected at any range up to 2,500 feet from the optical detector.
Revised 10/08/03 Contract No. 3667-1 1 Page 80 of 104 Pages
209-5.01 B(l) Optical Emitter Assembly.
unit, an emitter control unit and connecting cables and shall conform to the following:
Each optical emitter assembly, including lamp, shall be designed to operate over an ambient
temperature range of -34~C to 74*C at both modulation frequencies and to operate continuously at
the higher frequency for a minimum of 3,000 hours at 25pC ambient before failure of lamp or any
other component.
Each optical emitter assembly shall consist of an emitter
Each emitter unit shall be controlled by a single, maintained-contact switch on the respective emitter
control unit. The switch shall be capable of being positioned in a readily accessible location to the
vehicle driver. The control unit shall contain a pilot light to indicate that the emitter power circuit is
energized and shall be capable of generating only Class II modulating code.
Functional Requirements. Each emitter unit shall transmit optical energy in one direction only.
The signal from each emitter unit shall be capable of being detected at a distance of 2,500 feet when
used with a standard optical detection/discriminator assembly. The modulation frequency for Class 11
signal emitters shall be 14.035 Hz k 0.003 Hz. The standard optical detection/discriminator assembly
to be used in conducting the range tests shall be available from the manufacturer of the system.
A certified performance report shall be furnished by the contractor with each assembly.
The emitter unit shall be configured with a grating to provide precise directionality control.
Electrical Requirements. Each optical emitter assembly shall be capable of providing full light
output with input voltages between 10 and 16 volts DC. An optical emitter assembly shall not be
damaged by input voltages up to 7.5 volts DC about the supply voltage. The optical emitter
assembly shall not generate voltage transient, on the input supply, which exceeds the supply voltage
by more than 4 volts. Each optical emitter assembly shall not consume more than 100 watts at 17.5
volts DC and shall have a power input circuit breaker rated at 10 to 12 amperes, 12 volts DC.
The design and circuitry of each emitter unit shall permit its use on vehicles with either negative or
positive ground without disassembly or rewiring of the unit.
Mechanical Requirements. Each emitter unit shall be housed in a weatherproof, corrosion-
resistant housing. The housing shall be provided with facilities to permit mounting on various types
of vehicles and shall have provision for proper alignment of the emitter unit and for locking of the
emitter unit into proper alignment.
Each emitter control unit shall be provided with appurtenant hardware to permit its mounting in or on
an emergency vehicle or mass transit vehicle. Where required for certain emergency vehicles,
the emitter control unit and all exposed controls shall be weatherproof.
Each emitter shall include a multi-purpose port compliant with the SAE J1708 communication
standard to enable unit configuration to be set into the emitter and read from the emitter.
209-5.01 B(2) Optical Detection/Discriminator Assembly. Optical detection/discriminator assembly
shall consist of one or more optical detectors, connecting cab!e and a discriminator module and
conform to the following:
Each such assembly, when used with standard emitters, shall have a range of up to 2,500 feet for
Class II signals. Standard emitters for Class II signals shall be available from the manufacturer of
the system. Range measurements shall be taken with all range adjustments on the discriminator
module set to “maximum”.
k Revised 10/08/03 Contract No. 3667-1 1 Page 81 of 104 Pages
209-5.01B(3) Optical Detector. Each optical detector shall be a waterproof unit capable of
receiving optical energy from one or two separately aimable directions. The horizontal angle between
the two directions shall be variable from 5 degrees to 180 degrees. The reception angle for each
photocell assembly shall be a maximum of 8 degrees in all directions about the aiming axis of the
assembly. Measurements of reception angle will be taken at a range of 2,500 feet for a Class II
emitter.
All internal circuitry shall be solid state and electrical power shall be provided by the associated
discriminator module.
Each.optical detector shall be contained in a housing, which shall include one or two rotatable
photocell assemblies, an electronic assembly and a base. The base shall have an opening to permit
its mounting on a mast arm. Each optical detector shall weigh no more than 2.5 pounds and shall
present a maximum wind load area of 36 square inches. The housing shall be provided with weep
holes to permit drainage of condensed moisture. Each optical detector shall be installed, wired and
aimed as specified by the manufacturer.
209-5.01 B(4) Optical Detector Cable. Optical detector cable shall meet the requirements of
IPCEA-S-61-402/NEMA WC 5, Section 7.4, 600 volt control cable, 75*C, Type B and the following:
The cable shall contain three conductors, each of which shall be AWG #20 (7x28) stranded, tinned
copper with low-density polyethylene insulation. Minimum average insulation thickness shall be
25 mils. The insulation of individual conductors shall be color coded as follows:
Yellow Detector Signal #1
Blue Detector Signal #2
Orange Power (+)
Bare (Drain) - Common or Ground
The shield shall be either tinned copper braid or aluminized polyester film with a nominal 20 percent
overlap. Where the film is used, a AWG #20 (7x28) standard, tinned, bare drain wire shall be place
between the insulated conductors and the shield and in contact with the conductive surface of the
shield
The jacket shall be black polyvinyl chloride with a minimum rating of 600 volts and 80gC and a
minimum average thickness of 45 mils. The jacket shall be marked as required by IPCEA/NEMA.
The finished outside diameter of the cable shall not exceed 0.3 inches.
The capacitance of the optical detector cable, as measured between any conductor and the other
conductors and the shield, shall not exceed 14.3 microfarads per 1000 feet. The characteristic
impedance of the optical detector cable shall be 0.6 ohms per 1000 feet.
209-5.01 B(5) Discriminator Module. Each discriminator module shall be . designed to be
compatible and usable with Model 170 controller unit and to be mounted in the input file of a Model
332 controller cabinet, and shall conform to the requirements of Chapter 1 of the State of California,
Department of Transportation, Traffic Signal Control Equipment Specifications”, dated January
1989, and to all addenda thereto current at the time of project advertisement.
4- k$ Revised 10/08/03 Contract No. 3667-1 1 Paae 82 of 104 Paaes
Each discriminator module shall be capable of operating one or two channels and shall be capable
1. Receiving Class II signals at a range of up to 2,500 feet.
2. Decoding the signal on the basis of frequency at 14.035 Hz _+ 0.003 Hz for Class II signals.
3. Establishing the validity of received signals on the basis of frequency and length of time received.
A signal shall be considered valid only when received for more than 0.50 seconds. No
combination of Class I signals shall be recognized as a Class I1 signal regardless of the number
of signals being received, up to a maximum of ten signals. Once a valid signal has been
recognized, its effect shall be held by the module in the event of temporary loss of the signal for a
period adjustable from 4.5 seconds to 11 seconds in at least 2 steps at 5 _+ 0.5 seconds and 10 f
0.5 seconds.
4. Providing an output for each channel that will result in “low” or grounded condition of the
appropriate input of a Model 170 controller unit. For Class I1 signals the output shall be steady.
Each discriminator module shall be powered from 115 volt (95 volts AC to 135 volts AC), 60 Hz
mains and will contain an internal, regulated power supply that supports up to twelve optical
detectors. Electric power, one detector input for each channel and one output for each channel,
shall terminate at the printed circuit board edge connector pins listed below. Board edge connector
pin assignments shall be as follows:
- Pins Function
A Ground
D E
F 0 H Channel A output, emitter (-)
J
K Detector ground
L Earthground
M AC - (in)
N AC + (in)
Channel A primary detector input
Detector 24 VDC power output
Channel A output, collector (+)
Channel B primary detector input
- Pins Function
P Notused
R
S T
U V w
X
Y
Z
Detector 24 VDC power output
Not used
Not used
Not used
Detector ground
Channel 6 output collector (+)
Channel B output emitter (-)
Not used
Not used
Two auxiliary inputs for each channel shall enter each module through the front panel connector.
Pin assignment for the connector shall be as follows:
- Pins Function
13
14
15
28
Auxiliary detector 2 input, Channel A
Auxiliary detector 1 input, Channel B
Auxiliary detector 2 input, Channel B
Auxiliary detector 1 input, Channel A
Each channel output shall be an optically isolated NPN open collector transistor capable of sinking
50 milliamperes at 30 volts and shall be compatible with Model 170 controller unit inputs.
Each discriminator module shall be provided with means of preventing transients received by the
detector from affecting the Model 170 controller assembly.
a Revised 10/08/03 Contract No. 3667-1 1 Page 83 of 104 Pages
Each discriminator module shall have a single connector board, shall be capable of being inserted
into the input file of a Model 332 cabinet and shall occupy one slot width of the input file, The front panel of each module shall have a handle to facilitate withdrawal and the following controls and
indicators for each channel:
1. A Command (High) and Advantage (Low) solid-state LED indicator for each channel to display active calls. 2. A test switch for each channel to test proper operation of Command or Advantage priority. 3. A single confirmation light control output for each channel. These outputs shall be user configurable through software for a variety of confirmation light sequences.
The front panel shall be provided with a single circular, bayonet-captured, multi-pin connector for two auxiliary detector inputs for each channel. Connector shall be a mechanical configuration equivalent to a D-Shell 44-Pin front panel.
Wiring for a Model 332 cabinet shall conform to the following:
Slots 12 and 13 of the input file “J” shall be wired to accept a two-channel module. Field wiring for the primary detectors, except 24-volt DC power, shall terminate on either terminal board TB-9 in the controller cabinet or on the rear of input file “J”, depending on cabinet configuration. Where TB-9 is used, position assignments shall be as follows:
Position Assianment
4 Channel A detector input, 1 St module (Slot J-12) 5 Channel B detector input, lzmodule (Slot J-12) 7 Channel A detector input, 2nd module (Slot J-13) 8 Channel B detector input, 2 module (Slot J-13)
The 24 volt cabinet DC power shall be available at Position 1 of terminal board TB-1 in the controller
cabinet.
All field wiring for the auxiliary detectors shall terminate on terminal board TB-0 in the controller cabinet. Position assignments are as follows:
Position Assignment 7 +24VDC from IJ-13E) 8 Detector ground from‘ (J-l3K)
9 10 11
12
Channel A auxiliary detector input 1
Channel A auxiliary detector input 2 Channel B auxiliary detector input 1 Channel B auxiliary detector input 2
The contractor shall demonstrate that all of the components of the system will perform satisfactorily
as a system. Satisfactory performance shall be determined using the following test procedure:
1. Each system to be used for testing shall consist of an optical emitter assembly, an optical detector, at least 200 feet of optical detector cable and a discriminator module. 2. The discriminator modules shall be installed in the proper input file slot of Model 332 controller cabinet. The controller cabinet, together with a Model 170 controller unit with the appropriate operating program, a Model 210 monitor unit and 120 volt AC power, will be available as shown on the plans and as indicated elsewhere in these special provisions.
3. One test shall be conducted using a Class II signal emitter and a distance of 2,500 feet between the emitter and the detector. All range adjustments on the module shall be set to “Maximum” for each test. 4. Each test shall be conducted for a period of one hour, during which the emitter shall be operated for 30 cycles, each consisting of a one minute “on” interval and a one minute “off interval. During the total test period: (A) the emitter signal shall cause the proper response from the Model 170 controller unit during each “on” interval and (B) there shall be no improper operation of either the Model 170 controller unit or the monitor during each “off interval.
’3 Revised 10/08/03 Contract No. 3667-1 1 Paae 84 of 1 OA Panes
209-5.01C Video Detection System. The video detection system shall consist of one (1) video camera and one (1) video detection processor (VDP) for each vehicle approach. A video monitor and a pointing device shall be housed in the controller cabinet. The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only a video menu and a pointing device to place zones on a video image. A minimum of
24 detection zones per camera shall be available.
209-5.01 C(1) Functional Requirements. The VDP shall process video from a single source. The source can be a video camera or a video tape player. The video shall be input to the VDP in RS170 format and shall be digitized and analyzed in real time. The VDP shall detect the presence of
vehicles in up to 24 detection zones per camera. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via a menu displayed on a video monitor and a pointing device connected to the VDP. The menu shall facilitate placement of the detection zones and setting of zone parameters. A separate computer shall not be required for programming detection zones or to view system operations. The VDP shall store up to three different detection zone patterns. The VDP shall be able to switch to any one of the three different detection zone patterns within one second of user request via menu selection with the pointing
device. The VDP shall detect vehicles in real time as they travel across each detection zone.
The VDP shall have an RS-232 port for communications with an external computer. The VDP shall
accept new detector patterns from an external computer through the RS-232 port when that computer uses the appropriate communications protocol for downloading detector patterns. The VDP shall send its detector patterns to an external computer through the RS-232 port when requested when that computer uses the appropriate communications protocol for uploading detector patterns. A Windows-based software program designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system.
0
The camera system shall be able to transmit an NTSC video signal, with minimal signal degradation,
up to 300m (1000 ft).
The VDP shall default to a safe condition, such as a constant call to each active detection channel, in the event of unacceptable interference in the video signal.
The system shall be capable of automatically detecting a low visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output shall be active during the low visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system shall automatically revert to normal detection mode when the low visibility condition no longer exists.
209-5.01 C(2) Operational Requirements, A minimum of 24 detection zones per camera shall be supported and each detection zone can be sized to suit the conditions and the desired vehicle detection region. A single detection zone shall be capable of replacing multiple loops and the detection zone may be AND’ed or OR’ed together to indicate vehicle presence on a single phase of
traffic movement. Placement of detection zones shall be done by using a pointing device and a graphical interface built into the VDP and displayed on a video monitor. No separate computer shall
be required to program the detection zones. Up to three detection zone patterns shall be saved within the VDP memory and this memory shall be preserved during power outages. The selection of the detection zone pattern for current use shall be done through a menu system. It shall be possible to activate a detection zone pattern for a camera from VDP memory and have the detection zone pattern displayed within one second of activation. When a vehicle is detected crossing a detection zone, the detection zone will flash a symbol on the screen to confirm the detection of the vehicle.
Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow or fog).
Detector placement shall not be more distant from the camera than a distance of fifteen times the mounting height of the camera.
<$ Revised 10/08/03 Contract No. 3667-1 1 Page 85 of 104 Pages
The VDP shall provide up to eight channels of vehicle presence detection through a NEMA TS1 port. The VDP shall provide dynamic zone reconfiguration (DZH) to enable normal detector operation of existing zones except the one being added or modified during the setup process. The VDP shall output a constant call on any detection channel when the corresponding zone is being modified.
Detection zone outputs shall be configurable to allow the selection of presence, pulse, extend and delay outputs. Timing parameters of pulse, extend, and delay outputs shall be user definable between 0.1 and 25.0 seconds. Up to six detection zones shall be capable of counting the number
of vehicles detected. The count value shall be internally stored for later retrieval through the RS-232 port. The data collection interval shall be user definable in periods of five, fifteen, thirty or sixty minutes.
209-5.01C(3) Hardware Requirements. The VDP shall be housed in a durable metal enclosure suitable for shelf mounting in the side rails of the controller cabinet. The VDP enclosure shall not exceed 180mm (7.1 in) in length and 157mm (6.2 in) in depth. The VDP shall operate satisfactorily in a temperature range of -34°C to +74"C (-29°F to +165"F) and a humidity range of O%RH to 95% RH, non-condensing. The VDP shall be powered by 24 volts DC. VDP power consumption shall not exceed 10 watts. The VDP shall include an RS-232 port for serial communications with a remote computer. This port shall be a 9-pin "D" subminiature connector on the front of the VDP. The front of the VDP shall include one BNC video input connection suitable for RS170 video inputs. The video input shall include a switch-selectable 75-ohm or high impedance termination to allow camera video
to be routed to other devices, as well as input to the VDP for vehicle detection. The front of the VDP shall include one BNC video output providing real time video output that can be routed to other
devices.
209-5.01C(4) Video Detection Camera. The video camera shall be furnished by the VDP supplier and shall be qualified by the supplier to ensure proper system operation. The camera shall produce useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range of night time to day time but not less than the range of 0.1
lux to 10,000 lux. The camera shall use a CCD sensing element and shall output monochrome video with resolution of not less than 380 lines vertical and 380 lines horizontal. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with a factory adjusted manual iris.
The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal
field of view shall be adjustable from 8.1" to 45.9". A single camera configuration shall be used for all approaches in order to minimize setup time and spares required by the user. The camera electronics shall include AGC to produce a satisfactory image at night.
The camera shall be housed in a weather-tight sealed enclosure. The camera enclosure shall be able to rotate to allow proper alignment between the camera and the traveled road surface. The camera enclosure shall be equipped with a sun shield. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure
with sun shield shall be less than 170mm (6 in) in diameter, less than 380mm (15 in) long, and shall weigh less than 13.3kg (6 pounds) when the camera and lens are mounted inside the enclosure. The camera enclosure shall include a thermostatically controlled heater to assure proper operation of the lens at low temperatures and to prevent moisture condensation on the optical faceplate of the enclosure.
When mounted outdoors in the enclosure, the camera shall operate satisfactorily in a temperature range of -34°C to +60"C (-29°F to +140"F) and a humidity range of 0% RH to 100% RH.
The camera shall be powered by 120/240 VAC, 50/60 Hz. Power consumption shall be 15 watts or less under all conditions.
t? Revised 10/08/03 Contract No. 3667-1 1 Paae 86 of 104 Paaes
Recommended camera placement height shall be 10m (33 ft) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection, the camera should be centered above the traveled roadway. The camera shall view approaching vehicles at a distance not
to exceed 1 OOm (350 ft) for reliable detection (height:distance ration of 1O:lOO). Camera placement and field of view shall be unobstructed and as noted in the installation documentation provided by the
supplier.
The camera enclosure shall be equipped with separate, weather-tight connections for power and video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of the video signal at the camera while the camera is installed, using a lens adjustment module supplied by the VDP supplier. Video and power shall not be connected within the same
connector. The video signal output by the camera shall be black and white in RS170 or CClR format. The video signal shall be fully isolated from the camera enclosure and power cabling.
209-5.01 C(5) Installation Requirements. The coaxial cable to be used between the camera and the VDP in the controller cabinet shall be Belden 8281 or a 75 ohm, precision video cable with
20 gauge solid bare copper conductor (9.9 ohms/M), solid polyethylene insulating dielectric, 98% (min) tinned copper double-braided shield and black polyethylene outer covering. The signal attenuation shall not exceed 0.78 dB per 30m (100 ft) at 10 MHz. Nominal outside diameter shall be 8mm (0.304 in). The coaxial cable shall be a continuous, unbroken run from the camera to the VDP. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. 75 ohm BNC plug connectors shall be used at both the camera and controller. The coaxial cable, BNC connector and crimping tool shall be approved by the supplier of the video detection system,
and the manufacturer’s instructions must be followed to ensure proper connection. The power cabling shall be 16 AWG three conductor cable. The cabling shall comply with the National Electric Code, as well as local electrical codes. Cameras may acquire power from the luminaire if necessary.
The video detection system shall be installed by supplier factory certified installers and as recommended by the supplier and documented in the installation materials provided by the supplier. Proof of factory certification shall be provided.
209-5.01 C(6) Warranty. The supplier shall provide a limited two year warrant on the video detection system. See supplier’s standard warranty included in the Terms and Conditions of Sale
documentation. During the warranty period, technical support shall be available from the supplier via telephone within four hours of the time a call is made by the user. This support shall be made available from factory certified personnel or factory certified installers. During the warranty period, updates to the VDP software shall be made available from the supplier without charge.
209-5.01 C(7) Maintenance and Support. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts shall be made
available for delivery within 30 days of placement of an acceptable order at the supplier’s current pricing and terms of sale for said parts. The supplier shall maintain an ongoing program of technical support for the video detection system. This technical support shall be available via telephone, or via personnel sent to the installation site upon placement of a,n acceptable order at the supplier’s current pricing and terms of sale for on site technical support services. Installation or training support shall be provided by a factory authorized representative. All product documentation shall be written in the English language. The contractor shall ensure the presence of a factory authorized representative at the time of traffic signal turn-on.
209-5.02 Pedestrian Push Button Assemblies. Where shown on the plans, pedestrian push
button assemblies of substantial tamper-proof construction and signs shall be furnished and
installed. The housing shall be either die-cast or permanent mold cast aluminum, or when specified
shall be ultraviolet stabilized, self-extinguishing structural plastic. Plastic housings shall be black matching Color No. 17038, 27038 or 37038 of Federal Standard No. 595B, and shall be colored
throughout. The assembly shall be rainproof and shall be shockproof in any weather condition.
The pedestrian push button switch shall be a phenolic enclosed precision snap-acting type, single-
pole, double-throw, switching unit, with screw type terminals, rated 15 A at 125 volts AC, and shall
have the following characteristics:
0
a Revised 10/08/03 Contract No. 3667-1 1 Page 87 of 104 Pages
1.
2.
3.
4.
5.
6.
Switching unit shall have a stainless steel plunger actuator and shall be provided with U-frame
to permit recessed mounting in push button housing.
Switch shall have an operating force of 2.5 N (9 02.) to 3.6 N (13 02.) and a minimum release
force of one newton (4 02.).
Pretravel shall be 0.4 mm (1/64‘’) maximum.
Over travel shall be 6 mm (7/3213 minimum.
Differential travel shall be 0.01 mm (0.0004”) to 0.05 mm (0.0027.
Actuator shall have a minimum diameter of 50 mm (2“).
Where a pedestrian push button is attached to a pole, the housing shall be shaped to fit the
curvature of the pole and secured to provide a rigid installation. Saddles shall be provided to make a
neat fit when required. Where a pedestrian push button is to be mounted on top of a Size 65 (2’/;)
diameter post, the housing shall be provided with a slip-fitter fitting and screws for securing rigidly to
the post. Pedestrian push button signs shall be porcelain enameled metal or structural plastic. Push
button and sign shall be installed on the crosswalk side of the pole. Arrows on push button signs
shall point in the same direction as the corresponding crosswalk. Where Type A push buttons are
specified, each push button assembly shall be equipped with red and green indicator lamps. Lamps
shall be so connected that, when the push button has been activated, the red lamp shall be
energized and continue so until the next pedestrian walk interval, at which time the green lamp shall
be energized in lieu of the red lamp. At the termination of the pedestrian walk interval, the lamps
shall be de-energized until the next actuation of the push button. Lenses for the lamps shall have a
visible diameter of approximately 32 mm (I1//) and a length of approximately 22 mm (7/$). On the
Type A or Type B push button assembly, the sign shall attach to and be securely supported by the
framework. With Type C pedestrian push buttons, the instruction sign shall be mounted, using
2 straps and saddle brackets, on the same standard as the push button assembly. Straps and
saddle brackets shall be as shown on the plans and shall be corrosion-resisting chromium nickel
steel conforming to the specifications of ASTM Designation: A 167, Type 302. Bolts shall be
stainless steel with a chromium content of at least 17 percent and a nickel content of at least
8 percent. Bolts shall NOT be theft-proof.
209-8 PAYMENT
209-8.01 Payment. The contract bid prices Traffic Signal Detector Loops shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all
the work involved in furnishing and installing, energizing, and integrating the systems, as shown on
the plans, as specified in these special provisions, and as directed by the Engineer, including any
necessary pull boxes (except when the type required is shown as a separate contract item);
excavation and backfill; concrete foundations (except when shown as a separate contract item);
pedestrian barricades; installing Agency-furnished sign panels on pedestrian barricades, on flashing
beacon standards, and on traffic signal mast arms; restoring sidewalk, pavement and appurtenances
damaged or destroyed during construction; salvaging existing materials; and making all required
tests.
Full compensation for all additional materials and labor, not shown on the plans or specified, which
are necessary to complete the installation of the various systems, shall be considered as included in
the prices paid for the systems, or units thereof, and no additional compensation will be allowed
therefore, except as provided in Section 209-1.05, “Maintaining Existing and Temporary Electrical
Systems.”
Revised 10/08/03 Contract No. 3667-1 1 Page 88 of 104 Pages
When shown as a contract item, the contract price paid per meter for cast-in-drilled-hole concrete
pile (signal foundation) shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in constructing reinforced concrete
pile foundations of the size shown on the Engineer’s Estimate, including drilling holes, disposing of
the material resulting from drilling holes, furnishing and placing anchor bolt assemblies and
reinforcing steel, complete in place, as shown on the plans, and as specified in these special
provisions and as directed by the Engineer.
When shown as a contract item, non-reinforced portland cement concrete foundations will be
measured and paid for in the manner as provided in Section 303-1.1 1, “Payment.”
When shown as a separate contract item by the lump sum or per bid item linear measurement,
interconnection conduit and conductor shall include all interconnection conductors, but shall only
include conduit and pull boxes containing interconnection conductors and no other conductors. The
quantity of interconnection conduit and conductor to be paid for by the lump sum bid or the bid item
linear measurement shall be the length of that conduit. Compensation for conduit containing
interconnection conductors and other conductors shall be considered as included in the contract
price paid for the item requiring the other conductors.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
21 0-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons,
and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PlWB-01.
Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall
markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No.
801 0-1 9A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the
molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No.
801 0-004 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic material and
glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128,
Sacramento, CA 9581 9, telephone number (91 6) 227-7000.
e= \# Revised 10/08/03 Contract No. 3667-1 1 Page 89 of 104 Pages
SECTION 213 - ENGlNEERllNG FABRICS
213-2 GEOTEXTILES.
213-2.1 General. Add the following: Geotextile used for base stabilization shall be Mirafi 600X or
approved equal. Geotextile types shall be used for the applications listed in Table 21 3-2.1 (A)
TABLE 21 3-2.1 (A)
GEOTEXTILE APPLICATIONS
ost Spacing and No Wire
4w %# Revised 10/08/03 Contract No. 3667-1 1 Page 90 of 104 Pages
SECTION 214 PAVEMENT MARKERS
214-5 REFLECTIVE PAVEMENT MARKERS
TFPM
Add the following section:
21 4-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the
plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal
thereto.
DAPCO Davidson Plastics Company, 18726 East Valley Highway,
Kent, Washington 98032,
Telephone (206) 251 -81 40.
TABLE 21 4-5.1 (A)
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor I
Add the following section:
14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted
type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective
channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective
sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in
size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam
headlights, by persons with vision,of or corrected to 20/20. Reflective channelizer shall be one of the
types shown in Table 21 4-5.2(A), or equal thereto. 0 - TABLE 21 4-5.2(A)
?EFLECTIVE CHANNELIZER
Type
Safe-Hit SH236MA
Carsonite "Super Duck" SDF-436
Repo "The Replaceable Post"
Manufacturer of Distributor
Safe-Hit Corporation
1930 West Winton Avenue, Building #11
Hayward, CA 94545
Telephone (41 5) 783-6550
Carsonite International Corporation
2900LockheedWay
Carson City, NV 89701
Telephone (702) 883-51 04
Western Highway Products
P.O. Box 7
Stanton, CA 90680
TeleDhone (800) 422-4420
The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective
channelizers comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the engineer and were manufactured in accordance with the
approved quality control program.
Revised 10/08/03 Contract No. 3667-1 1 Page 91 of 104 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and disposal of
material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains,
sewers, other utilities, disposal of unsuitable materials, 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, wetland mitigation grading and attendant work, export of remaining excess
material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of
storm and ground water.
300-2.2 Unsuitable Material.
300-2.2.1 General. add the following: Unsuitable material removal and recompaction shall consist
of excavating, disposing of, and recompacting loose soils in areas as directed by the Engineer.
The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed
or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water
than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower
moisture content and/or spread the excavated material in a manner that enables the material to dry
to optimum moisture content. The cost of spreading and/or drying shall be included in the contract
unit price for "Remove and Replace 5" AC on 7" AB". The excavated material shall be placed and
compacted in accordance with section 300-4 of the specifications except that section 300-4.9,
Measurement and Payment, shall not apply.
300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable
soils at specific locations or elevations on the site.
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill,
alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer,
the Contractor shall remove such compressible soils from areas to receive fill or from areas upon
which surface improvements are to be placed. The removal and disposal of such compressible soils
shall be paid for at the Contract Unit Price for "Remove and Replace 5" AC on 7" AB" unless it is
considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
section 300-2.2.1.
43 Revised 10/08/03 Contract No. 3667-1 1 Page 92 of 104 Pages
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as
directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated
material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered
otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection
300-2.2.1.
300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located
within 75 mm (0.25’) of the locations shown on the plans.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be
defined as any area steeper than three horizontal to one vertical.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus
material from the project. The Contractor shall utilize highway legal haul trucks for this export of
material from the project site and to a site secured by the Contractor. No earth moving equipment or
special construction equipment, as defined in section 565 of the California Vehicle Code, will be
allowed for hauling material on public streets.
300-2.8 Measurement. delete the second paragraph relating to materials removed from stockpiles
and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on
the plans or actual ground contours existing in borrow sites after excavation or those for removal and
recompaction of aliuvial and colluvial materials or those for materials excavated to improve the
stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be
measured for payment. No allowance for shrinkage or swell will be considered. Materials excavated
or otherwise removed as all or part of any other bid item shall not be measured as Unclassified
Excavation.
300-2.9 Payment. add the following: Payment for work performed as Unclassified Excavation shall
be included as part of the bid item “Remove and Replace 5” AC on 7” AB..” Payment for removal
and disposal of unsuitable material shall be included as part of the bid item “Remove and Replace 5”
AC on 7” AB..”
Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of
earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefore, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary
detour roads, earthen swales and drainage channels as shown on the drawings or required by the
contract documents.
Add the following section:
300-2.1 0 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and
subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1’) of the grades
shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4
SSPWC.
Revised 10/08/03 Contract No. 3667-1 1 Page 93 of 104 Pages
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change
each instance reading “1 50mm (6 inches)” to “300 mm (1 2”)”.
301-1 -3 Relative Compaction. Delete the first paragraph and substitute the following: The
Contractor shall compact the upper 300 mm (12) of subgrade beneath areas to be paved, have
base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway
or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by
ASTM test D-1557-91.
301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be
included in the contract bid price for which the subgrade is prepared 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.
SECTION 302 - ROADWAY SURFACING
302-4.4 Public Convenience and Traffic Control. Add the following: The Contractor shall schedule
the work so as to prevent damage by all traffic, including but not limited to, mail delivery. The
Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule
can be obtained by calling Coast Waste Management at (760) 929-941 7. At least two weeks prior to
work, Contractor shall send notification letters to all property addresses on which work shall occur.
Obtaining the apprQpriate addresses shall be the contractor’s responsibility. Letters shall be as
shown in bold type as follows; with the appropriate information specific to the work inserted at the
locations indicated in the brackets and italicized.
(Name of Contractor)
(Address of Contractor)
(Contractor’s License Number)
(Date)
As a part of the City of Carlsbad’s ongoing program to maintain its streets,
your street will be paved, beginning in two or three weeks. This process
requires that your street be closed for one day starting at 7:OO a.m. and
continuing until the Contractor removes the traffic control devices. You
will be notified 72 hours in advance of the day your street will be closed
by a brightly colored 3 l/2” x 8 1/2n card attached to your doorknob. You
will also notice temporary no parking signs on your street with a specific
no parking date written on it.
43 Revised 10/08/03 Contract No. 3667-1 1 Page 94 of 104 Panes
A successful street maintenance program depends on your cooperation.
Please do not drive, walk, play, skate or allow pets on the street.
Furthermore, please do not wash your car or turn on any sprinklers while
you are waiting for the street to be opened. If you don’t plan to leave your
home before 7:OO a.m. on the day your street will be paved, and you need
to use your vehicle later in the day, please park your car on an adjacent
street in your neighborhood that is not signed as a no parking zone. When
walking to and from your car, remember not to walk on the street.
(Name of Contractor) is the Contractor that will be performing the
resurfacing work for the City and you may call them at (24 hour per day
attended telephone number in the 760 area code) for any questions you
may have about the project. Paving of your street will not occur on the
day your trash is collected. On the day your street is worked on, mail
delivery may be delayed until the next day. You will not know the exact
date your street will be closed until you receive the 3 ‘/2” x 8 Y2” card. If
you have a moving company scheduled to come to your house within the
next two weeks, please call and inform the Contractor of the date. If you
have any concerns which are not addressed by the Contractor, please call
the City’s Engineering Inspection Department at 760-602-2780. They will
assist you in resolving the concerns.
The City of Carlsbad has some of the finest streets in the county due to
the concern and cooperation of citizens like you. Your cooperation is
greatly appreciated.”
During paving operations, the Contractors schedule shall be designed to provide residents and business owners whose streets are to be paved sufficient paved parking within an 800-foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what
they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
Revised 10/08/03 Contract No. 3667-1 1 Page 95 of 104 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 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown on the example provided in Appendix “A, with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font.
The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Public Notification of Work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices.
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall
be shown in the schedule required per section 6-1.
302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1 5.1. Ramps shall be
constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer.
302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat 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 course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt.
302-5.5 Distribution and Spreading. modify as follows: After second sentence of sixth paragraph, add: The Contractor shall provide the self-propelled spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The Contractor shall provide an on-site backup paving machine during all paving operations.
302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be 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 pneumatic-tired roller as described in this section.
302-5.8 Manholes (and other structures). delete the first paragraph and replace with the following:
When placing the overlay the Contractor shall pave over appurtenances in the roadway which includes sanitary and storm access covers, water valve boxes, air vents, sewer dead end boxes and survey monument boxes. Each appurtenance shall be treated or covered to prevent adhesion of the overlay. Each appurtenance shall be located and raised within 72 hours after the overlay is placed and shall be thoroughly cleaned of any and all construction debris which may have entered due to the Contractor’s operation. The contractor shall adjust all CMWD water valve boxes per CMWD Standard Drawing No. W11 or CMWD Standard Drawing No. W13. All City of Carlsbad sanitary sewer access covers shall be adjusted per CMWD Drawing No. S1. All storm sewer access covers shall be adjusted per SDRSD D-1 0. Riser rings or extensions shall not be used for the adjustment of these appurtenances.
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Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the contract unit price per each as shown in the Bid. Such price shall constitute full compensation for all labor, materials, and equipment necessary for completing the work as described in these specifications and
plans. Other Agencies may provide adjustment rings or extensions for their appurtenances. See Section 5-6 COOPERATION for the Contractor’s responsibilities regarding other Agency’s appurtenances.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat, nor sand blotter.
a
Add the following section:
302-1 1 ASPHALT PAVEMENT REPAIRS AND REMEDIATION
Add the following section. 302-1 1.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and
restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301 -1, grading and compaction of base material in conformance with section 301 -2, application of grade SS-1 h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. Damage to existing traffic loops caused by pavement repairs or grinding will require immediate replacement of the traffic loops unless video detection has been set up and the loops are unnecessary. If pavement fabric or petromat is encountered during any pavement repairs or grinding, the Contractor shall remove and dispose of it.
The cost of the work described in this section shall be included in the bid price for the repair itself or cold milling (grinding).
Add the following section. 302-1 1.2 Remove and Replace 5”AC on 7”AB. Work for this bid item shall consist of removing asphalt concrete and/or aggregate basekubgrade to 12 inches below existing asphalt surface, disposing of removed material, and replacing the material so removed with asphalt concrete and base. The area shown on the plans or set forth in the bid item are for estimating purposes only. Actual quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area by outlining the area to be patched. The Contractor shall cut such areas to
straight lines in square or rectangular areas as marked. The area so cut shall have two of the sides at right angles to the direction of traffic. The excavated faces of the basehubgrade shall be straight and vertical. The Contractor shall compact the upper 12 inches of subgrade to 95% relative
compaction. A tack coat of SS-1 h emulsified asphalt s$all be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 Um to 0.45 Um (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill and compact areas designated to be removed with 5” AC on 7” AB. The Contractor is required to use a self-propelled paving machine for areas 10 feet wide and wider. Asphalt concrete shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC.
Add the following section. 302-11.3. Grind and Patch. The area shown on the plans or set forth in the bid items is for estimating purposes only and the final quantities will be as measured in the field by the Engineer.
The Engineer will designate and mark the final limits of the grind and patch areas in the field by outlining the area to be patched with paint. The Contractor shall cold mill the asphalt concrete in the designated area to the depth required per the requirements of subsection 302-5.2 of the SSPWC. The Contractor shall sweep the street, keep dust to a minimum, and remove and dispose of the grindings at the Contractor’s expense. A tack coat of SS-lh emulsifisd asphalt sQall be applied uniformly to all asphalt-to-asphalt contact surfaces at a rate of 0.25 Um to 0.45 Um (0.05 to 0.10 gallons per square yard) in accordance with subsection 302-5.4, SSPWC. The Contractor shall fill the cold-milled area with asphalt concrete and compact so that the finished surface of the AC is flush with the surrounding pavement. The Contractor is required to use a self-propelled paving machine for areas 10 feet wide and wider. Asphalt concrete shall be B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density conforming to subsection 302-5.6.2 SSPWC.
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Add the following section.
302-11.4 Asphalt Concrete Leveling Course. This work shall consist of furnishing, placing, and
compacting asphalt concrete pavement to the thicknesses indicated on the plans and shall conform
to Sections 203 and 302-5 of the SSPWC and these Supplemental Provisions. The leveling course
shall be placed with a self-propelled paving machine. Asphalt concrete for the leveling courses shall
be 3/8” Medium - AR4000 and shall conform to Sections 203 and 302-5 of the SSPWC and these
Supplemental Provisions.
No recycled aggregate shall be used. The aggregate shall be virgin crushed rock. The aggregate
shall conform to 203-6.2.2 of the SSPWC. Asphalt concrete shall not be placed when the
atmospheric temperature is below 55 degrees F or during unsuitable weather as decided by the
Engineer.
Add the following section.
302-1 1.5 Cold Milling. The Contractor shall cold mill or grind the existing AC to the width and depth
as shown on the plans. In the field, the Engineer may change the width and depth of the cold milling
at his discretion. If the Contractor’s cold milling severs any traffic detection loops, the Contractor
shall replace them immediately at the Contractor’s expense. If the Contractor encounters pavement
fabric or petromat during cold milling, the Contractor shall remove and dispose of the pavement
fabric or petromat. The cost of this work shall be included in the Contractor’s bid price for cold
milling.
Add the following section.
302-11.6 Crack Sealing. The Contractor shall wash, blow out and thoroughly dry all cracks
designated to be sealed before installing elastomeric sealant material. The Contractor shall dispose
debris from crack cleaning outside the public way in accordance with Section 7-8.1, “Cleanup and
Dust Control.” The hot-melt rubberized asphalt shall be melted in a jacketed, double boiler type
melting unit. Temperature of the heat transfer medium shall not exceed 245°C (475°F). Application
of the hot-melt sealant shall be made with a pressure feed applicator or pour pot. Sealant shall be
applied when the pavement surface temperature is greater than 4°C (40°F). Containers of hot-melt
sealant shall be delivered to the job-site in unopened containers that are clearly marked with data
showing the manufacturer’s name, the product designation and the manufacturer’s batch number
and lot numbers. The level of the sealant shall be flush with the surface of the existing pavement.
All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement.
Add the following section.
302-11.7 Modify PCC Curb Inlet. The bid item “Modify PCC Curb Inlet and Pave with 5” AC shall
include sawcutting concrete and pavement, removing and disposing of construction debris,
recompacting existing base or subgrade to 95% relative compaction, removing and replacing 40 feet
of curb and gutter for each inlet to be modified per SDRSD G-2, and installing AC pavement to match
the existing grade. The Engineer will mark the limits in the field and indicate which curb inlets are to
be modified. The asphalt concrete shall comply with the requirements of the SSPWC and these
Supplemental Provisions. The Detail for this work is shown on Sheet 6 of 18, Drawing No. 420-1.
The price bid for each curb inlet to be modified shall include full compensation for all labor, materials,
tools, equipment, incidentals, and for doing all work as described in this section and as shown on the
Detail. The price bid per curb inlet shall include the curb and gutter and the asphalt concrete and no
additional payment will be made for those items.
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Add the following section.
302-1 1.8 Measurement and Payment. Quantities of pavement repairs as set forth in the bid items
are for estimating purposes only. Final quantities will be as designated and measured in the field.
The Engineer will designate and mark the limits of the repairs. Full compensation for conforming to
the requirements of constructing pavement repairs shall include but not be limited to: furnishing all
labor, tools, equipment, and materials necessary for doing the work as outlined in the appropriate
section, including, saw cutting and removing and disposing 300 mm (1’) thick section of existing
asphalt concrete, aggregate basekubbase and basement soil as designated by the engineer,
placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1 h
asphalt emulsion and all other work incidental to the pavement repairs shall be considered as
included in the contract unit price bid and no additional compensation will be allowed therefore.
0
Payment for the asphalt concrete leveling course shall be made as shown in the bid schedule which
shall include full compensation for all labor, materials, tools, equipment, incidentals, and for doing all
work involved in furnishing and placing the asphalt concrete as called for in the SSPWC and these
Supplemental Provisions. No additional compensation shall be made therefore.
The bid price for cold milling shall include removing and disposing of pavement fabric when
encountered.
Full compensation for conforming to the requirements of crack sealing shall include but not be limited
to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work.
Crack cleaning, roadway clean up, application of sealant, removal of excess sealant and all other
work incidental to crack sealing shall be considered as included in the contract unit price bid and no
additional compensation will be allowed therefore.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS.
303-5.1.1 General. Add the following: All concrete curbs, gutters, sidewalks, cross gutters, ramps
and driveways shall be installed per the City of Carlsbad Standards and the San Diego Regional
Standard Drawings. All concrete curbs, gutters, sidewalks, cross gutters, ramps and driveways shall
include the placement and compaction of 6” of aggregate base unless deemed unnecessary by the
engineer. The cost of the installation of aggregate base and all associated work shall be included in
the bid price for the concrete work. Traffic Plates shall be used over new concrete when requested
by the Engineer. At the Engineer’s discretion, high early strength concrete may be substituted for
traffic plates. The cost of traffic plates or high early strength concrete shall be included in the bid
price for the concrete work.
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303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3) high
block letters directly above the point that it is crossed by underground facilities with the marking
specified in Table 303-5.5.2(A)
Type of underground facilities
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve
Marking
W
S
RW
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall not be
considered as continuing across driveways, spandrels, and access ramps when constructed
adjacent thereto. The curb or curb and gutter adjacent to driveways, spandrels, and access ramps
shall be included in the bid price for the driveway, spandrel, or access ramp. Neither curb and gutter
nor curb will be paid for across the length of local depressions, except that which occurs in gutter
transitions at each side of an inlet. The cost of the installation of aggregate base and all associated
work shall be included in the bid price for the concrete work. The cost of traffic plates or high early
strength concrete shall be included in the bid price for the concrete work.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks,
and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the
public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings.
31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic sjriping or markings on pavement shall not exceed variations from a uniform plane more than 3, mm ( /<) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm
( /4))) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction.
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31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor
shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity
water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted.
31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per lOOm (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses.
31 0-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow.
Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night.
31 0-5.6.1 0 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the appropriate bid item, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping.
0
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed.
Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. 0
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SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which
conflict with any traffic pattern shall be removed by grinding as determined by the Engineer.
The Contractor shall use temporary reflective raised pavement markers for temporary pavement
marking, except when the temporary pavement markers are used to replace patterns of temporary
traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of
the removable-type pavement markers shall conform to the section 31 2 “Pavement Marker
Placement and Removal”, except the 14-day waiting period before placing the pavement markers on
new asphalt concrete surfacing as specified in section 31 2-1 “Placement”, shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will be
required.
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
The reflective sheeting shall be 75 mm x 300 mm (3 x 12”) in size. The reflective sheeting shall be
visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with
vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the
same manner as provided for cementing pavement markers to pavement in section 312-1,
“Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizes shall be
placed on the alignment and location shown on the plans and as directed by the Engineer.
The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on
curved alignment. All layout work necessary to place the channelizers to the proper alignment shall
be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright
position, from any cause, the channelizers shall immediately be replaced or restored to their original
location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of
Compliance in accordance with the provisions of section 4-1.5, i’Certification”. Said certificate shall
certify that the channelizers comply with the plans and specifications and conform to the prequalified
design and material requirements approved by the Engineer and were manufactured in accordance
with a quality control program approved by the Engineer.
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Add the following section:
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
313-2 TEMPORARY TRAFFIC SIGNING. m
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary
appurtenances shown on the plans or traffic control plans, or required in the specifications are a part
of the lump-sum bid item for traffic control and payment therefore shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in
applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers,
signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the
plans, or traffic control plans, as specified in the Standard Specifications and these special
provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete
barriers and the signs and reflectors marking them shall include the installation, grading for
installation, grading for the approach path, maintenance, painting and re-painting, replacement of
damaged units and removal and shall also be included in the lump-sum price bid for traffic control.
Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans
and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC.
0
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APPENDIX “A” I
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS OFFICE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX
Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be repaired and resurfaced with asphalt concrete. Your street, from XXX St. to XXXAve. will be restricted from: Beginning Date: XX/XX/XX Ending Date: XX/XX/XX from 7:OOA.M. to 5:OO P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resur- faced. Streets scheduled for resurfacing can be de- termined by calling either the Contractor or the City of Carlsbad’s Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly over- laid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause
damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any ques- tions regarding the project. Resurfacing of your street will not occur on the day your trash is col- lected. Mail deiivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Project Inspector 8 (xxx) Xxx-XXXX.
Thank you for your cooperation as we work to make I a better Citv of Carlsbad.
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