HomeMy WebLinkAboutHillcrest Contracting Inc; 2005-03-21; PWS04-43ENGRecording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DGC# 2006-0118575
FEB17, 2006 4:22 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 1
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 July
19,2005.
6. The name of the contractor for such work of improvement is Hillcrest Contracting, Inc.
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 construction of Seacrest
Drive, Project No. 3679.
CITY OF CARLSBAD
GLENN PRUIM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008. The City Council of said City on ^^Ue^u^ 7 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 k^***^ o_ , 2006, at Carlsbad, California.
CITY OF
Z7
RLSBA
> /-,"-•• .iSPi-. •. "Y.. '
City Clerk
Exh'ibi-f 3
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
SEACREST DRIVE
CONTRACT NO. 3679
P Vi S 0 4- 4 3 E N C
%@ RevEsed 10/08!03 Contract No. 3679 Pam I of 83 Paaes
c
TABLE OF CONTENTS
Item .
Notice Inviting Bids ........................................................................................................................
Contractor’s Proposal ....................................................................................................................
Bid Security Form ..........................................................................................................................
Bidder‘s Bond To Accompany Proposal .......................................................................................
Guide For Completing The “Designation Of Subcontractors” Form .............................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items .................................
Bidder’s Statement Of Financial Responsibility ............................................................................
Bidder‘s Statement Of Technical Ability And Experience .............................................................
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation ...........................................................................................
Bidder’s Statement Of Re Debarment ..........................................................................................
Bidder‘s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
Pase
5
9
14
15
17
19
20
21
22
23
24
26
27
33
35
37
._
@ Revised 10/08/03 Contract No . 3679 Page 2 of 83 Pages
SUPPLEMENTAL PROVISIONS ... Part 1
Section 1
1-1
1 -2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4- 1
4-2
Section 5
5- 1
5-4
./--
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9- 1
9-3 r ...
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 ............................................................................................................
Disputed Work ..................................................................................... ................ Changed Conditions .............................................................................................
Control Of Materials
Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage ..................................................
Utilities Location .................................................................................................................
Relocation .............................................................................................................
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work .............................................................................................
Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages .............................................................................................
Responsibilities Of The Contractor
Workers' Compensation Insurance ......................................................................
Permits ..................................................................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance ................................ : .....................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Liability Insurance .................................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work .................................................
Payment ................................................................................................................
40
41
42
42
43
43
45
49
49
49
50
51
54
54
55
55
56
57
57
58
58
58
59
59
59
59
59
60
64
64
64
@ Revised 10/08/03 Contract No . 3679 Page 3 of 83 Pages
Part 2 Construction Matetials
Section 200 Rock Materials
-
200-2 Untreated Base Materials ..................................................................................... 67
Section 201 201 -1 Portland Cement Concrete .................................................................................. 68
Concrete, Mortar And Related Materials
Section 203 Bituminous Materials 203-6 Asphalt Concrete .................................................................................................. 69
Section 206 Miscellaneous Metal Items 206-7 Traffic Signs .......................................................................................................... 71
Section 21 0 21 0-1 Paint ...................................................................................................................... 72
Paint And Protective Coatings
Section 21 2 Landscape And Irrigation Materials 21 2-1 Landscape Materials. ............................................................................................ 72
PART 3 Construction Methods
Section 300 Earthwork
300- 1 Clearing And Grubbing ........................................................................................ 73
300-2 Unclassified Excavation ........................................................................................ 74
Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301 -1 Su bgrade Preparation ........................................................................................... 75
301 -2 Untreated Base ..................................................................................................... 76
Section 302 Roadway Surfacing
302-4 Public Convenience and Traffic Control ............................................................... 77
302-5 Asphalt Concrete Pavement ................................................................................. 78
302-1 1 Asphalt Pavement Repairs And Remediation ...................................................... 79
Section 303
303-5
Concrete And Masonry Construction.
Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
Access Ramps, And Driveways ............................................................................ 81
Section 308 308-4 Planting ................................................................................................................. 81
Landscape And Irrigation Installation
Section 31 3 31 3-2 Temporary Traffic Signing ................................................................................... 82
31 3-4 Measurement And Payment ................................................................................. 82
Temporary Traffic Control Devices
Revised 10/08/03 Contract No. 3679 Page 4 of 83 Pages
/- CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on August 3, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: the reconstruction of Seacrest Drive including
tree root removal and some concrete work.
SEACREST DRIVE
CONTRACT NO. 3679
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.
F- The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$1 00,000 per contract.
43 Revised 10/08/03 Contract No. 3679 Page 5 of 83 Pages
___ The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
1.
2.
3.
4.
5. 6.
7.
Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid
Bidder's Statement of Financial Responsibility 9. Bidder's Statement Re Debarment Bidder's Statement of Technical Ability and IO. Bidder's Disclosure Of Discipline Record Experience 1 1 .Escrow Agreement for Security Deposits - Acknowledgement of Addendum(a) (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
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.
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
$1 30,000.
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. --
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or
interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each crafl 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
/- /c
43 Revised 10/08/03 Contract No. 3679 Page 6 of 83 Pages
- 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 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
I) 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).
r-
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.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements. /- -I
Insurance is to be placed with insurers that:
pfs Revised 10/08/03 Contract No. 3679 Page 7 of 83 Pages
- 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.
c
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.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2004-174,
adopted on the 1" day of June, 2004.
- II /
A
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: June 21,2004
-- .- I
t? Revised 10/08/03 Contract No. 3679 Page 8 of 83 Pages
.. . . - CITY OF CARLSBAD
SEACREST DRIVE
CONTRACT NO. 3679
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. 3679 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.
1
2
3
4
BID SCHEDULE
BID ITEMS 1 THROUGH 15, STREET IMPROVEMENTS,
CONTRACT NO. 3679
Approximate
Quantity Unit
DescriDtion pnd Unit - Price - Total
Mobilization and preparatory work for all 1 LS
Dollars (Lump Sum)
1LS 7F&(dd 2Wdm
Remove and replace modified G-4 curb 1,730LF ZJ~ - Dollars (Luh'p Sum)
/ .-
Dollars per Lineal Foot /s;$Yor~
4" Dig-out: Removal and disposal of 4" 16,500 SF 76 /- - AC and/or base and tree roots,
recompact existing sub grade to 95% at
Dollars per Square Foot
zrw --?&,\
?@ Revised 10/08/03 Contract No. 3679 Page 9 of 83 Pages
c
Approximate Quantity
and Unit
10,230 SF
Item -- NO.
5
6
7
8
9
10
11
12
13
Unit Price Descriution - Total - /z
Dollars per Square Foot
Remove and replace concrete driveway 1 ,I 30 SF
Dollars per Square Foot
660 LF
Dollars per Linear Foot
Z?/bo. id 16,500 SF 4" AC pavement at
mi5 # . ++bo
Dollars per Square Foot
332 SF
_-
Dollars per Square Foot
--
.- 1,462 SF 6" AB at cross gytter and driveways at
--tiid+ "r% /la/ ..
Dollars per Square Foot
_- IO LF
Dollars per Lineal Foot
5EA
Dollars Each
Adjust manhole frame and cover to
Dollars Each
1 LS
1 LS 15 Constructio Surveying at S/A An_ WL4fprg.t Vd
Dollars (Lump Sum )
Thermoplastic 12" White Limit Line, 16 1LS &ma
43 Revised 10/08/03 Contract No. 3679 Page 10 of 83 Pages
_I Dollars (Lump Sum )
Total amount of bid, Contract No. 3679, Bid Items 1 through 16, in numbers: $ ihq aaam
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
haslhave been received and idare inctuded in this
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 471 664 , classification A which expires on , and that this statement is true and correct and has the legal effect of
*- an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 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 $j 201 04.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carfsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
hindher to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Cashier's Check) for ten percent (10%) of the amount bid.
"BIDDER'S BOND" (Cash, Certified Check, Bond or
OPENED, VJITNESSED AN3 RECORDED:
,--
DATE NATURE
c$ Revised 10108/03 Contract No. 3679 Page 11 of 83 Pages
--
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requites 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, Pari 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
City and State - (Street and Number)
(4) ZipCode 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 musl be made by a general partner)
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) €-Mail
Revised 10/08/03 Contract Nn. 367Q
.-- IF A CORPORATION, SIGN HERE:
*--
H ILLCREST CONTRACT1 NG, IN C. (I) Name under which business is conducted
.. (Signatu re)
GLENN J. SALSBURY, PRESIDENT
(Title)
Impress Corparate Seattiers
CALIFORNIA Incorporated under the laws of the State of
Place of Business
City and State Corona, CA
1467 Circle City Drive
(Street and Number)
Zip Code 92879-1 668 951/273-9600 Telephone No.
I=_hlCl;l Jerry@ hillcrestcontracting.com
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:
GLENN J. SALSBURY, PRESIDENT
ElNER G. LINDHOLM, VICE PRESIDENTSECRETARY
-
- --
e Revised 10/08/03 Contract Nn Wi7Q
License Detail Page 1 of 2
IClass 17
License Detail CALIFORNIA CONTRACTORS STATE LlCEN
Contractor License # 471 664
Description
GENERAL ENGINEERING CONTRACTOR
DISCLAIMER A license status check provides information taken from the CSLB license data base. Before
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 tc
complaint disclosure, a link for complaint disclosure will appear below. Click on the lin
button to obtain complaint and/or legal action information.
Per B&P 7071.1 7, only construction related civil judgments known to the CSLB are di
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 ont
Board's license data base.
Extract Date: 08/18/2004
s Information * * *
HILLCREST CONTRACTING INC
P 0 BOX 1898
Business Phone Number: (909) 273-9600
Entity: Corporation
Issue Date: 04/04/1985 Expire Date: 04/30/2005
CORONA, CA 92878-1 898
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 811 812004
License Detail Page 2 of 2
License Number Request Contractor Name Request
Effective Date: 01/01/2004
Contractor's Bonding History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) GI JASON SALSBURY certified that he/she owns 10 percent or more of the voting stocWequi
corporation. A bond of qualifying individual is not required.
Effective Date: 04/04/1985
* * * Workers Compensation Information * * *
Personnel Name Request
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 713-0006691 Effective Date: 12/19/2000 Expire Date: 10/01/2004
__ Salesperson - Request
Workers Compensation History
Salesperson-N-ame Request
0 2004 State of California. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARYLLicense+Detail. asp 8/18/2004
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICEN
Contractor License # 471 664
Click on the person's name to see a more detailed page of information on that person.
Association Disassociation
Date Date Name Title
OFFICER 04/04/1985
E
RMO/CEO/PRES 04/04/1985 A GLENN JASON
SALSBURY
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2004 State of California. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum=47 1664 8/18/2004
--- BID SECURITY FORM
(Check to Accompany Bid)
SEACREST DRIVE
CONTRACT NO. 3679
(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
dallars ($ >* this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shalt 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 othewise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
{NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed-the sum of this bond shall be not less than ten percent (IOo/,) of the lotal amount of the bid.)
@ Revised 10/08/03 Cnntmclt Nn RR~Q
BIDDER'S BOND TQ ACCOMPANY PROPOSAL
SEACREST DRIVE
CONTRACT NO. 3679
BOND #08560235
PREMIUM NIL
KNOW ALL PERSONS 8Y THESE PRESENTS: FIDELITY AND DEPOSIT
, hat we, HILLCREST CONTRACTING, INC. , as Principal, and COMPANY OF MARYLAND -*
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF AMOUNT BID for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
SucCessors or bsslgns, join;ly and severz!li;, kniy by these presents.
:
THE CONOlTlON OF THE FOREGOING OBLIGATION IS SUCH that If tlie proposal of the above-
' bounden Principal for:
SEACREST DRIVE
CONTRACT NO. 3679
in the City of Carlsbad, is accepted by the City Council, and if tlie Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award cf 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 ihe amount specified herein shall be forfeited io the said City. *"--
... ...
-..
_._
, ... ... . ._ ...
... ...
.a. ... ...
... ...
... ... .-.
. -.
a,. -..
-a-
c- ' . ._
-
/-
In ths event Principal executed this bond as an individual, it is agreed that the deaih of Principal shall
not exonerate the Surety from its obligatians under this bond.
Executed by PRlNCiPAL this - 14TH day of JULY ,2004,
P F? 1 N C 1 PAL :
HILLCREST CGSTRACTING, INC. - Executed by SURETY this 14TH day
,2004 , of JULY
SURETY: mJ 9-m
(print name herej
PRESIDENT
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
801 NORTH BRAND BLVD., SUITE PENTHOUSE
GLENDALE, CA 91203
(name of Surety)
(address of Surety)
--- (818) 409-2800
EINER G. LINDHOLM
(print name here)
(title and organization of signatory)
VICE PRESIDENT/SECRETARY
_u
-- RICHARD A. COON -. ..-.-__._-----
(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 corporcitions. 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 corpoiatiol~.)
APPROVED AS TO FORM:
RONALD R. BALL
Ciiy Attorney
iuty City Attcrney 1
,e-
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On July 30,2004 before me, Alice M. English, Notary Public, personally appeared
Glenn J. Salsbury and Einer G. Lindholm personally known to me, to be the persons
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons or entity upon behalf of which the persons acted, executed the
instrument.
~w+++++++++++-+++++++--w+~ Witness my hand and official seal, a ALICE M. n%'mw Tclvw COMM #
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: BIDDER'S BOND
Document Date: July 14, 2004 No. Of Pages: Two
signer(s) other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Capacity(ies) Claimed by Signer
Signer's Name: GLENN J. SALSBURY & ElNER G. LINDHOLM
0 Individual
CI Partner- Limited General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
R Other:
Corporate Officer - Title@): President & Vice PresidenUSecr.
Signer is Representing: HILLCREST CONTRACTING, INC.
--.
c-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COI%NTy OF ORANGE
On 7-14-04 before me, LEXIE SHEKWOOD - NOTARY PUBLIC
personally appeared RICHARD A. COON 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. md sig?iat?ute of Ndtary Public
COMM. # 1311304 NOTARY PUBLIC-CALIFORNIA
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTA-D -T
BID BOND
TITLE OR TYPE OF
NDhiBEROFPAGES 2 DATE! OF 7-14-04
CAPACITY CLAmD BY SIGNER
0 INDIVIDUAL CORPORATE OFFICER
TITLE (S)
0 PARTNER (S) ATTORNEY-IN-FACT c] TRUSTEE (S)
c] OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S) OR ENTITY(S1
..
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBMS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, consti
n the reverse side hereof is a true copy of Article VI, Section
COMPANY OF MARYLAND
STATE OF MARYLAND -- COW OF BAL’PIMORE
On this--%& ____ day of kkL ---I-, A.D. 19-92, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official Seal the day and year first above written. @ CAROL J. FADER zf$&----- Notary Public
My Commission Expires __-___- &44SSLJB6 %ad
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: “That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 14TH
day of JULY ,2004
.-
LL428c-012-4150
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-presidents, Assistant
Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . .and to affix the seal of the Company
thereto.”
Company Profile Page 1 of 2
Company Profile
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196-1056
800-382-2150
Agent for Service of Process
ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR
GLENDALE, CA 91203
~~ Unable toLocate the Agent for Service of&cess?
Reference Information
NAIC Group #: 0212
Date authorized in California: January 0 1, 1982
1- >. License Status: UNL~-NORMAL ":
Company Type: Property & Casualty
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 glossxy.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
h ttp: //cdinsw w w .i n surance. c a. gov/p 1 s/w u-co-prof/idb-c o-prof-u tl . ge t-c o_prof?p_EID=6.. . 81 1 8/2004
Company Profile
-. PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Page 2 of 2
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
ComDosite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Ratinn Oreanizations
Last Revised - August 17,2004 07:34 AM Copyright Q California Department of Insurance Disclaimer
http://cdinswww .insurance.ca.gov/pls/wu~co_prof/idb~co~prof_utl.get~co~prof?p~EID=6. .. 8/18/2004
.- -
_-
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
($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.
-
_- - and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
The Designation of Subcontractors form must be submitted as a part of the Bidder‘s sealed bid.
Failure to provide complete and correct information mav 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.
@ Revised 10/08/03 Contract No. 3679 Page 17 of 83 Pages
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.
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.
Revised 10/08/03 Contract No. 3679 Page 18 of 83 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
SEACREST DRIVE
CONTRACT NO. 3679
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
Location of Business Portion of Work*
Subcontractor's License No.*
Page 1 of 1 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."
43 Revised 10/08/03 Contract No. 3679 Page 19 of 83 Pages
.-
BIDDER'S
Copies of the latest
STATEMENT OF FINANCIAL
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
RESPONSIB ILlW
Annual Report, audited financial statements or Balance
submitted under separate cover marked CONFIDENTIAL.
SEE ATTACHED
Sheets may be
.-
Revised 10/08/03 Contract No. 3679 Page 20 of 83 Pages
A LEE ANTHONY, C.P.A.
RARl M. GRIPPI, C.P.A.
.LIAM R. SIKES, C.P.A.
ANTHONY 6 ASSOCIATES
Certified Public Accountants
2650 E. Imperial Highway, Suite 300
Brea, California 9282 1 Telephone (714) 961-1661
Fax (714) 961-8607
Hillcrest Contracting, Inc.
P.O. Box 1898
Corona, CA 91718
We have compiled the accompanying balance sheet of Hillcrest Contracting, Inc. as of April
30, 2004 and the related statement of income for the one month and four months then ended
and the supplementary financial information, which is presented only for supplementary
analysis purposes, in accordance with Statements on Standards for Accounting and Review
Services issued by the American Institute of Certified Public Accountants.
A compilation is limited to the presenting in the form of financial statements information that is
the representation of management. We have not audited or reviewed the accompanying
financial statements, and supplementary financial information and accordingly, do not express an opinion or any other form of assurance on them. rc-
"S" Corporation income is passed through and taxed on the shareholder's personal income
tax returns. Taxable income is also subject to a I .5% tax imposed by the Franchise Tax
Board.
Management has elected to omit substantially all of the disclosures and the statement of cash
flows required by the generally accepted accounting principles of the United States of
America. If the omitted disclosures and statement were included in the financial statements,
they might influence the user's conclusions about the Company's financial position, results of
operations and cash flows. Accordingly, these financial statements are not designed for those
who are not informed about such matters.
JJ Brea, Calif la
May25, 2004
/-
Member, American Institute of Certified Public Accountants
Member, California Society of Certified Public Accountants
b
a
/--
Hillcrest Contracting, Inc.
Balance Sheet
April 30,2004
ASSETS
CURRENT ASSETS
101 0 Cash And Cash Equivalents
1225 Accounts Receivable
1226 Retentions Receivable
1230 Employee Advance
1280 Unbilled Work In Progress
1325 Prepaid Insurance
1351 Prepaid Franchise Tax
$ 2,264,100
11,343,514
1,892,363
4,287
3,462 , 592
573,696
8,769
Total Current Assets $ 19,549,322
OTHER ASSETS
1801 Split Dollar Life Insurance Contracts 195,323
Total Other Assets 195,323
Total Assets $ 19,744,645
See Accompanying Accountant's Compilation Report
Hillcrest Contracting, Inc.
Balance Sheet
April 30,2004
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
2100 Accounts Payable
2101 Retentions Payable
2180 Billings In Excess
2575 Deferred Franchise Tax
2690 Anticipated Distributions
2750 Bank Line Of Credit
2751 Bank Loan - Insurance Contract
27XX Accrued Expenses
Total Current Liabilities
STOCKHOLDERS' EQUITY
3000 Common Stock
3001 Paid In Capital
30XX "S" Corporation Distributions
.--- 3005 Retained Earnings
Net Income
Total Stockholders Equity
Total Liabilities And Stockholders' Equity
$ 7,285,604
1,038,493
2,303,719
63,932
2,500,000
200,000
434,601
582,419
$ 14,408,768
5,000
272,168
(1,070,608)
5,336,598
792,718
5,335,876
$ 19,744,644
See Accompanying Accountant's Compilation Report
--
Hillcrest Contracting, Inc.
Income Statement
For The One Month And Four Months Ended April 30,2004
CURRENT % YEARTODATE %
PERIOD
INCOME
3400 Earned Contract Revenue $ 6,354,929 100.0 $ 17,418,011 100.0
Total Income 6,354,929 100.0 17,418,Ol 1 100.0
COST OF EARNED REVENUE
4000 Labor 1,216,695 19.1 3,421,312 19.6
401 0 Materials 2,136,142 33.6 4,704,515 27.0
401 5 Transportation 225,948 3.6 341,803 2.0
4020 Equipment 996,859 15.7 2,668,868 15.3
4030 Subcontract 989,081 15.6 3,570,352 20.5
4040 Miscellaneous Outside Services 129,392 2.0 539,694 3.1
Total Cost Of Earned Revenue 5,694, I1 8 89.6 15,246,544 87.5
Gross Margin 660,812 10.4 2,171,467 12.5
49XX INDIRECT COSTS .+- 112,044 1.8 492,086 2.8
60XX GENERAL & ADMINISTRATIVE EXPENSES 298,740, 4.7 1 ,I 13,436 6.4
Income From Operations 250,027 3.9 565,944 3.2
OTHER INCOME (EXPENSE)
7000 Interest Income 1,794 0.0 4,450 0.0
7105 Volume Discount - Ros Mar Rental 76,414 1.2 223,733 1.3
7200 Miscellaneous Income 0 0.0 3,000 0.0
7301 Loss on Investment (10,101) (0.2) (6,191) 0.0
8000 Interest Expense (6,309) (0.1) (8,231) 0.0
71 00 Purchase Discounts Earned 3,795 0.1 10,012 0.1
Total Other Income (Expense) 65,593 1.0 226,774 1.3
Income Before Income Taxes 315,620 5.0 792,718 4.6
NET INCOME (LOSS) $ 315,620 5.0 $ 792,718 4.6
r-
See Accompanying Accountant's Compilation Report
COMPILED SUPPLEMENTARY FINANCIAL INFORMATION
The supplementary financial information has been prepared only for supplementary analysis
purposes. We have not audited or reviewed the supplementary information, and, accordingly
do not express an opinion or any other form of assurance on the supplementary information. --
Brea, California
May 25, 2004
.-
A Hillcrest Contracting, Inc.
Balance Sheet
April 30, 2004
SCHEDULES TO THE BALANCE SHEET
CASH AND CASH EQUIVALENTS
1000 Petty Cash
101 1 Cash - CBB General
101 6 Cash - Payroll CBB
1021 Cash - Dean Witter
1030 Cash -CBB Money Mkt
1 I00 Cash Surrender Value
$ 2,000
531,306
8,311
613,570
7,920
1,100,993
Total Cash And Cash Equivalents $ 2,264,100
ACCRUEDEXPENSES
2577 Garnishments payable $ 283
2660 Pension Plan Payable 256,536
2665 Accrued Defined Benefit Contribution 300,000
2701 Accrued Other Expenses 25,600 -...
Total Accrued Expenses
"S" CORPORATION DISTRIBUTIONS
3003 Lindholm
3004 Salsbury
Total "S" Corporation Distributions
$ 535,304
535,304
$ 582.41 9
$ 1,070,608
See Accompanying Accountant's Compilation Report
*
~--
INDIRECT COSTS
Hillcrest Contracting, Inc.
Income Statement
For The One Month And Four Months Ended April 30,2004
Subsidiary Schedules
CURRENT % YEARTODATE %
PERIOD
5000
5001
5002
5003
5004
5005
5006
5025
5030
5150
5151
5160
51 75
51 76
5177
5200
5205
521 0
5220
5500
550 1
5525
5526
5540
5550
5560
5565
5570
5700
5775
5800
5999
I-
Small Tools
Concrete Supplies
Paving Supplies
Grading Supplies
Steel Stakes
Cement, Thoropatch
Tack
Lumber
Barricades And Traffic Control
Repairs - Parts, Service
Curb and Gutter molds
Safety Equipment
Shop Expense
Shop Wages
Yard Equipment Moves
Fuel And Oil
Licenses And Fees
Radio Communications
Plans And Prints
General Liability Insurance
Vehicle Insurance
Health Insurance
Disability Insurance
Mileage And Travel
Workers Compensation Insurance
Indirect Labor - Support
Holiday Pay
Vacation Pay
Payroll Taxes
Pension-Field-Private Jobs
Consulting
Allocated Indirect Costs
Total Indirect Costs
c-
1,715 0.0 $ 9,204 0.1 $
4,560 0.1
1,538 0.0
4,354 0.1
3,868 0.1
(5,740) (0.1)
1,549 0.0
15,478 0.2
3,865 0.1
6,049 0.1
647 0.0
1,689 0.0
2,552 0.0
37,924 0.6
50,692 0.8
20,053 0.3
165 0.0
8,961 0.1
1,098 0.0
73,281 1.2
12,372 0.2
23,892 0.4
1,063 0.0
3,127 0.0
83,867 1.3
31,700 0.5
0 0.0
772 0.0
71,177 1.1
25,674 0.4
10,000 0.2
15,612 0.1
5,806 0.0
14,988 0.1
7,182 0.0
(27,185) (0.2)
4,608 0.0
37,476 0.2
9,946 0.1
25,978 0.1
3,445 0.0
2,426 0.0
5,591 0.0
126,808 0.7
158,784 0.9
89,031 0.5
1,284 0.0
25,805 0.1
3,636 0.0
246,939 1.4
42,961 0.2
91,883 0.5
4,233 0.0
13,246 0.1
243,180 1.4
44,843 0.3
14,681 0.1
7,707 0.0
247,562 1.4
55,554 0.3
42,000 0.2
(385,896) (6.1) (1,083,126) (6.2)
$ 112,044 1.8 $ 492,086 2.8
See Accompanying Accountant's Compilation Report
Hillcrest Contracting, Inc.
Income Statement
For The One Month And Four Months Ended April 30,2004
Subsidiary Schedules
CURRENT % YEARTODATE %
PERIOD
GENERAL & ADMINISTRATIVE EXPENSE
6025
6030
6050
61 98
6200
6201
6202
6205
6206
6207
6208
621 0
6225
6235
6240
6245
6246
6247
6300
6400
6500
6530
6535
6545
6550
6750
6776
6900
690 1
6902
6903
6950
6999
rr-
Officers’ Compensation
Estimating Wages
Office Wages
Office Repair And Maintenance
Office Expense
Building And Grounds Maintenance
Bank Charges
Temporary Help
Legal Fees
Accounting Fees
Contributions
Telephone
Utilities
Dues, Subscriptions
Rent
Office Supplies
Computer Supplies
Computer Consulting
Payroll Taxes
Health Insurance
Licenses And Fees
Meals And Entertainment
Tolls
Employee Benefits
Advertising
Postage And Freight
SERP Contributions
Officer Draws - Lindholm
Officer Draws - Salsbury
Officer Insurance - Lindholm
Officer Insurance - Salsbury
Peviously Completed Job Costs (Rev.)
Miscellaneous Expense
Total General & Administrative Expense
/e-
$ 49,500
9,625
108,573
120
(3,655)
4,339
0
2,304
12,413
17,530
900
2,621
2,687
209
11,050
12,175
4,640
4,825
13,868
14,693
32
3,780
3,415
0
2,857
1,844
650
730
59
4,588
4,617
8,005 (251 1
0.8 $
0.2
1.7
0.0
(0.1)
0.1
0.0
0.0
0.2
0.3
0.0
0.0
0.0
0.0
0.2
0.2
0.1
0.1
0.2
0.2
0.0
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.0
0.1 --
168,200
50,565
120
17,603
2,779
2,357
42,407
28,055
7,135
7,377
6,644
1,155
44,200
23,307
39,232
30,595
55,820
71,426
1,654
20,559
10,917
5,685
5,465
4,932
2,600
6,779
1,889
18,151
17,105
72,977
12,107
342,41 a
(8,780)
1 .o
0.3
2.0
0.0
0.1
0.0
0.0
0.2
0.2
0.0
0.0
0.0
0.0
0.3
0.1
0.2
0.2
0.3
0.4
0.0
0.1
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.4
0. I
(0.1)
$ 298.740 4.7 $ 1.11 3.436 6.4
See Accompanying Accountant‘s Compilation Report
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
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.
4w Gs Revised 10/08/03 Contract No. 3679 Page 21 of 83 Pages
Experience in Work of Similar Complexity and
Scale to this Project
1). Project NameLNumber: Cherry Avenue 0 Arrow Route
Project Description: Street Improvements and Traffic Signal Modification
Approximate Construction
Data: 03/03/03 - 05/03
Agency Name: County of San Bernardino Transportation Department
Contact Person: John Burrows Telephone: 909/387-7924
Resident Engineer
Original Contract Amount: $360,000 Final Contract Amount: $420,000
2). Project NameLNumber: Emerson Street & Garden Grove Boulevard
Project Description:
Approximate Construction
Street Widening, Concrete Alleys, and Landscaped
Medians ....
Data: 10/25/01- 03/08/02
Agency Name: City of Garden Grove
Contact Person: Navin Maru Telephone: 714/741-5180
Principal Engineer
Original Contract Amount: $383,772 Final Contract Amount: $397,788
3). Project NmeLNumber: Diana Street Improvements
Project Description: Street Improvements
Approximate Construction
Data: 07/03 - 09/30/03
Agency Name: City of Penis
Contact Person: Tom RaRerty Telephone: 909/943-6504
Principal Engineer
Original Contract Amount: $625,440 Final Contract Amount: $625,440
r--
4). Project NamelNumber: Friars Road & Northside Street Improvements
Project Description: Street Improvements
Approximate Construction
Data: 06/03 - 10/30/03
Agency Name: J.T. Kruer & Company
Contact Person: Chuck Knight Telephone: 858!756-7320
Project Manager
Original Contract Amount: $1,141,622 Final Contract Amount: $1,375,000
5). Project Name/Number: Railroad Grade Crossing - Phase 3
Project Description: Street Widening at 11 Grade Crossings
Approximate Construction
.-- Data: 04/01/02 - 01/31/03
Agency Name: Alameda Corridor East
Contact Person: Bill Harding Telephone: 949/697-9554
Principal Engineer
Original Contract Amount: $1,202,025 Final Contract Amount: $1,153,063.68
6). Project NamelNumber: Turtle Ridge Phase 1 & 2
Project Description: New Street Construction
Approximate Construction
Data: 11/01/01 - 10/31/03
Agency Name: Irvine Community Development Company
Contact Person: Bill Martin Telephone: 949/864-0856
Regional Manager
Original Contract Amount: $
$4,131,583 Phase 1 $3,158,816 Phase 1
Phase 2 $1,709,576 Phase 2 $2,442,560
Final Contract Amount: $ --
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
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 SEE ATTACHED
Automobile Liability
Workers Compensation
Em ploye r's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover 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.
e Revised 10/08/03 Contract No. 3679 Page 22 of 83 Pages
.-
I
INSU'RERS AFFORDING COVERAGE NAlC LL 1 ttJsufiEr A: Interstate Fire & Casualty Company
INSURER B. Safeco Insurance Co.
INSUkmC State Compensation Fund
It4(L;uF(Ek o Ins.Co.of the State of PA
.-_C1
.*
I~JSU;(ER E. REPLACES CERT OF 01113100
ALL OPERATIONS USUAL TO THE NAMED INSURED.
THEIR
, 'er Salisbury Ins Brokers ! .I . +? Fair Ocks Avc, #E
South Pasadena, CA 91030
IUSURED
HILLCREST CONTRACTING, INC.
P.O. BOX 1698
ROS-MAR EQUIPMENT COMPANY
CORONA. CA. 92879-1098
COVERAGES
, . . . ... .
I POLICIES AGGREGATE LlhllTS SHOWN Mp nhLre emr REOUZEU BY PAD c
6L11111424
POLICY f&MBER 'POLICi' EXPlRA?lO DATE (MUIDDTPl)
01131/05
POLICY EFFECTlVl DATE (MMtOD#Wl
0 1 /3 1 I04
305 OF !NSURPNCE
EA. occ.
'BROAD FORM
25CC002623 10 1211 9/03 - .- 1211 9104
ANY AUTO
nu. OWNEO wros
SCHEDULED ).UTOS
-.
12031231 x ~CESSNMBRCLLA UABILIW 1 OCCUR i( CLAMS MADE
OEOVCTlBLE
RETEttTIOtI
WORKER$ COMPENSATION AND
EMPLOYERS' UBILIW
EACH OCCURREfICE I t2.000.000.
c c.k-re ] s2,000,000.
1211 9/03 01 13 1105
10101/03 17 130006691
ZERTIFICATE TO
ZOLLOW FROM STATE
:OMPEN SATlON-cU ND
!MPORTANT
If the cenificare holder is ah ADDITIONAL INSJRED. :he policylies1 must be endorsod. A statement
on this certificate does not corikr righis io ihe cer;lfca;e holder ir, !~C:LI of such endsrscrntnt(s)
If SUBROGATION IS WAIVED, subject to Ihe lefrns arid condihons of the policy, certain Dolizies may
require an endorsement. A statement On this certificate does not confer rights to the certificate
holder in lieu of such endorsemenrp).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing nsurer(s). authorized represen!arive or producer, and itie cenificare holder, nor does it
affirmatively or negatively amend, cxterid or aHer the coverage afforded by the policies listed thereon.
.-
I ACORD 25-S (2001/08) 2 of 3 #S317301M31694
DESCR!P?!ONS (Csi?tinileb from Page 1) I -- _-.I I- - -------...._
-!+AME3 AS ADDITIONAL INSURED AS RESPECTS TO TEE GENERAL LIASILITY AND
‘UMERCIAL AUTO SECTION. OUR POLICY IS PRIMARY PER CG20101185. AND
I
I
THIS €WORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CQNTRACT3RS - [FCR?4 8)
This endorsement modlfies insurance provided uzder the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: SEE BEI,OW
It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional In- sured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured(s)
operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory
with the insurance provided hereunder.
Any person or organization that the insured is required
by contract to name as an additional insured.
(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 of for you.
PARTNERS, MEMBERS, AI~D EMPLOYEES THEIR RESPECTIVE OFFICERS, DIRECTORS,
CL 246 (1 1/85)
CC 20 10 11 85 elec.aps Copyright, Insurance Services OFtice, Inc., 7'384 Page : d 1 D
.t,-, +.,r,n-. /tC4 /Cn
~ rr,n,-~~~rJ?~ r
,- SAFECO" A D DIT 1 G N A L INS U R ED <A 71 35 12 93
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the CovemQe Form apply unless rncjdified by [tie
endowment.
Endorse men t e I fcct ive 12-19-03
Named Insured
HILLCREST CONTRACTING INC.
(Aurhorized Reprrsematrve)
Schedule --
Name of Person or Organization:
Address:
PER SCHEDULE ON FILE WITH COMPANY
Prernlum: $ INCL
(If no entry appears above, information required to complele this endorsement will be shown in the Declarations 8s applicable
to this endorsement.) %P
--
A. llnder LlABlLlN COVERAGE WHO IS AN IFISURED is changed to include as ep. "insured" !he person($ of
organizatlon(s) shown in the Schedule, but onb with respect to "bodlly injury" or "propeny damage" resulring lrom the am or omisGons of:
1. You;
2.
3.
8. The Insurance afforded by this endorsement does not apply:
To "bodily injury" or "prcperty damage" arislng out of the sole nzgligence of tha person(s) or orgznIzatbn(s) shown
iri the Schedule.
AP~ of your employees of zgents;
Any person, except the additional insured Oi any employee or agtnt of the additbnal insured, openting a coveed
"auro" with the permlssion of any 01 the above.
Psgc 1 of 1
-- COMMERCIAL D.l:TO
3. Leg31 Ac?ion AQa!nz Us
Ejo orre n'iiiy bring a iegal aciion againsi us under
&;e Pm,qme Srm c,:tii
8. 'rnerr: ills Dam flit1 CompIiZiC? WCh sll ;ha
tens of this Coverage Form; and
b. Under Liabilgy Coverage, we agree in wrirlng
That IhE "insuied" has an abligatbn :o pay
or mil the am3iini 0: LM obiigation has
finally bwi bznmlned by jutigmcni after ;a!. Xs GX !xs :hz fkjh: r;;,dz: tf.;k policy
to bring us into an action to datamine th2
"insured's" iianiliry.
,:,,a V"..,. 3' . .#,,*l
4. Loss Payneiit - F'hysica; Emage CoveragEs
Ar our option we may. a.
b.
ug), for, repalr or replace damaged or stoien
propew Rerurn the stolcn propert): a1 our expense.
We will pay for any damage that rzsults to
the "auto" froni the theft or
G. Take all or any parr of the damaged or sfolen property at an agreed or appraised value.
If we pay for the "loss", our payment will include
The applicable sales tax for the damaged or stolen
pro pe ny.
*-- 5. Transfer Of Rlghts Of Recovery dgalnst Others
To Us
If any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred fo us. That person or
organization must do everyrhing necessary lo
secure our rights and must do nothing after
"accident" or "loss" to impair them.
4. Bankruptcy
Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any
obligations under this Coverage Form.
Concealment, Misrepresentation Or Fraud .
This Coverage Forrn is void in my ccse of hcd
by you at any time as It relares to [his Coverage
Form. I: is 21so void i? ~IJ or z!?i o,her "irisuw?, tii any rime. intaxionally conceal or misrepnsenr a material fact concerning:
a. Thfs Coverzge Form;
b. The covered "~uIo'';
c. Your interest in the coV$red "euto"; or
d. A clsirrr under this Coverage Form
If we revke this Coverage Form to provide more
coverage wlihout additional premium charge. )'cur policy will automaticzlly provide the
8. General Conditions
2.
2. Libeia liza tion _-
x!dltizna! SSV~QX 2s O! dtp :hz ied!$bfi effeaivve in your state.
4. &nsf:; T3 2a!l.=s P!~;,ia~i P---.-- JGituagu
CSV&iS ~2s
Wt bvill not recognize soy assignment or bran:
any coverage for the beneiir of any'person or
orfisnizeiior! holding.' sior!og or 1rans;ofiIng
grogerry fur 2 %e tqarciiess of. zny xhner
provision of mis Coverege Form
2. For my covmd "auro" you own, this
Coverage Form provides primary insurancc.
For any covered "auto" you don7 own, The
insurance provided by this Coverzge Form
is @cess over any other coilectible insurance. Howwer, while B covered "auto"
which is a "trailer" is connected to another
vehicle, the Lkbilhy Coverage rhis Coverage
Form provides for the "trailer" is:
(1) Excess while it is connected to a motor vehicle you do not own.
(2) Primary wnila it is connected to a -% covered "auto" you own.
For Hired Auto Physical Damage coverage.
any covered "auro" you lease. hire, rent or
borrow is deemed to be a cover'ed "auto"
you owfl. However, any "auto" that is leased, hired, rented or borrowed with a
driver is nor a coverecl "auro".
Regardless of [he Drovisions of paragraph
a.. above, this Coverage Form's Liabllity
Coverage is prlmary for any liability
assumed under an "insured contracl".
d. Wlien this Coverage Form and any other
Coveraoe Form or policy covers on the same
basis, either excess or primary, we will pay
only our share. Our share IS [he proportion
that rhe Limit of Insurance 01 our Cnverage rorm bears 10 the rota1 of me limits of all the
Coverage Forms and policies covering on
tne same basis.
The esrkated piernran for ihis Coveriige Form is oased on the exposures you iold us
yo; ~vculd have vdw :his JX!~OY be,-an. 'N2
will cornpuce the final premium due whtn
we detcrmine )lour scrurl expouures. The
estirnared total premium will be credited against the final prerniuin due and the firsr
MemeL; inscred wiil x 51!led for ine belznce,
if any. The due dale tor the final premium or retrospectkt premium is In? date mown as the due datr on the bill. If the esrimsted
.L r In ,.t.*nr &-I -,e, ... S...,...JB
*
{ k
b.
c.
6. Premium Audit
5.
CA 00 01 10 01 Paoc 8 of 11
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
2) If yes, what wadwere the narne(s) of the agency(ies) and what wadwere the period@) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
I agency agency
-- - period of debarment period of debarment
BY CONTRACTOR:
HILLCREST CONTRACTING, INC.
(name of Con tractor)
BY: 4 (sign here)
GLENN J. SALSBURY, PRESIDENT
- (print riirne/titk)
Page 1 of 1 pages of this Re Debarment form
BIDDER'S DISCLOSURE OF DlSClPLlNE RECORD
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
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?
X
no
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
X
Yes no
Has the suspension or revocation of the license of any subcontractor's that you propose to
perform any portion of the Work ever been stayed? x Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page 1 of 1 pages of this Disclosure of Discipline form
BIDDER'S DlSCLOSURE OF DRSClPtlNE RECORD
(CONTINUED)
(To Accompany Proposal)
SEACREST DRIVE
CONTRACT NO. 3679
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 ?hat the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
N/A
(If needed altach additional sheets to provide full disclosure.)
BY CONTRACTOR:
HILLCREST CONTRACTING, INC.
By:
(sign here)
GLENN J. SALSBURY, PRESIDENT -
(print nameititle)
Page 1 of 1 pages of this Disclosure of Discipline form
Cnntrart kin ?R?Q
NON-COLLUSION AFFIDAVIT’ TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
BY BIDDER AND SUBMITTED WlTH BID
SEACREST DRIVE
CONTRACT NO, 3679
State of California 1 ) ss.
) County of Riverside
GLENN J. SALSBURY , being first duly sworn, deposes
(Name of Bidder)
PRESIDENT
(Title)
HILLCREST CONTRACTING, INC.
and says that he or dtdd is
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, protit, 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.
1 declars under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed an the 29th day of July 120 04 .
Signature of Bidder
GLENN J. SALSBURY, PRESIDENT
Subscribed and sworn to before me on the July 04 28th ___._ (jayof 120--.
P.nntrant hln %’la
CONTRACT
PUBLIC WORKS
This agreement is made this A 1 A day of ,2005:
by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City),
and HI LLCREST CONTRACT1 NG whose principal place of
business is 1467 CIRCLE CITY DRIVE, CORONA. CA 92879-1688 (hereinafter
ca I led "Contract or").
City and Contractor agree as bllows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
SEACREST DRIVE
CONTRACT NO. 3679
(he rein after ca I I ed "project" )
2.
equipment, and personnel to pehrm the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 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.
e- %# Revised 10/08/03 Contract No. 3679 Page 27 of 83 Pages
5. Independent Investigation. Contractor has made an independent investigation 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.
- jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
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.
6. 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 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
?@ Revised 10/08/03 Contract No. 3679 Page 2% of 83 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same 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.
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:
I
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. _--
c
@ Revised 10/08/03 Contract No. 3679 Page 29 of 83 Pages
a. The City, its officials, employees and volunteers are to be covered as additional insured as
completed operations of the contractor; premises owned, leased, hired or borrowed by the
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.
- respects: liability arising out of activities performed by or on behalf of the Contractor; products and
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
I_
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
/-
4
Revised 10/08/03 Contract No. 3679 Page 30 of 83 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
-
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or
subcontractor 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. / i& id
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 181 2 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.
Revised 10/08/03 Contract No. 3679 Page 31 of 83 Pages
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15.
16.
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.
Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
(sign here)
Bher G. Lindholm-V.P./Secretary
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorhe!
Revised 10/08/03 Contract No. 3679 Page 32 of 83 Pages
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On March 4,2005 before me, Alice M. English, Notary Public, personally appeared
Glenn J. Salsbury and Einer G. Lindholm personally known to me, to be the persons
whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on
the instrument the persons or entity upon behalf of which the persons acted, executed
the instrument.
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document:CORPORATE ACKNOWLEDGEMENT FOR CONTRACT
N0.3679 Seacrest Drive.
Document Date: Januarv 2,2005 NO. of Pages: ONE
Signer(s) Other Than Named Above NONE
Capacity(ies) Claimed by Signer
Signer’s Name: GLENN J. SALSBURY & EINER G. LINDHOLM
0 Individual a Corporate Officer - Title(s): President & Vice PresidenVSecr.
0 Partner - 0 Limited 0 General
0 Attorney in Fact 0 Trustee a Guardian or Conservator
Other:
Signer is Representing: HILLCREST CONTRACTING COMPANY, INC.
BOND 808739353 LABOR AND MATERIALS BOND PREMIUM: INCLUDED IN
PERFORMANCE BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004-348,
adopted NOVEMBER 2,2004, has awarded to HILLCREST CONTRACTING, INC.
(hereinafter designated as the "Principal"), a Contract 6r:
SEACREST DRIVE
CONTRACT NO. 3679
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, HILLCREST CONTRACTING, INC. , as Principal, (hereinafter
designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as
Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED SIXTY NINE
THOUSAND TWO HUNDRED TWENTY TWO Dollars ($169,222), said sum being an amount equal
to: One hundred percent (100%) of the total amount payable under the terms of the contract by the
City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointlyand severally, firmly by these presents.
I
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
-
+$ Revised 10/08/03 Contract No. 3679 Page 33 of 83 Pages
I.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
day
day of -Y ,2o!JEL. of JANUARY ,2005.
Executed by CONTRACTOR this 1 5TH Executed by SURETY this 21ST
CONTRACTOR: SURETY: FIDELITY AND DEPOSIT
HILLCREST CONTRACTING, INC. COMPANY OF MARYLAND
(name of Surety) 801 NORTH BRAND BLVD., SUITE PENTHOUSE
GLENDALE, CA 91203
(sign here) (address of Surety)
By: - (sign here)
Einer G. LindhoIm-V.P./Secretary
(818) 409-2800
MATTHEW P. FLAKE
(printed name of Attorney-in-Fact) 1
(attach corporate resolution showing current power - (print name here) of attor ne y)
- (title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary 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
,-
a Revised 10/08/03 Contract No. 3679 Page 34 of 83 Pages
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON January 24,2005 before me, Michelle Santiago, Notaw Public , personally appeared
Einer G. Lindholm , 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
authorized capacity, and that by hissignature on the instrument the person or entity upon
behalf of which the person acted, executed the instrument.
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: PAYMENT BOND
Document Date: January 2 1,2005 Number of Pages: TWO
Signer(s) Other Than Named Above NONE
Capacity(ies) Claimed by Signer
Signer’s Name: Einer G. Lindholm
0 Individual a Corporate Officer - Title(s): V.P. / Secretary
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing: HILLCREST CONTRACTING, INC.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON January 24,2005before me, Michelle Santiago, Notary Public , personally appeared
Glenn J. Salsburv, 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 hisauthorized
capacity, and that by &signature on the instrument the person or entity upon behalf of
which the person acted, executed the instrument.
W Comm. Wrm Si@. 7,2006 p
))2))33,)))),),,),~,~)))))”)))!
Though law does not require the info
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: PAYMENT BOND Document Date: January 2 1.2005 Number of Pages: Two
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
Signer’s Name: Glenn J. Salsbuv
&k Corporate Officer - Title(s): President
0 Partner - 0 Limited 0 General
0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:
NONE
Individual
Signer is Representing: HILLCREST CONTRACTING, INC.
_- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 1-21-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared MATTHEW P. FLAKE 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 an official seal. ;
,-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of.this form.
DESCRIPTION OF ATTACHED DOCUMENT
PAYMENT BOND
~~ TITLE OR TYPE OF
"R OF PAGES 2 LUWE OF DOCUHENT 1-21-05
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE (S)
PARTNER(S) ATTORNEY-IN-FACT 0 TRUSTEE(S)
0 OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S1 OR ENTITY(S)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS. Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By orth on the reverse
tthew P. FLAKE
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of April,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,-' mdd By:
T. E. Smith Assistutit Secretury Paul C. Rogers Vice President
State of Maryland
City 01 Baltimore
On this 23rd day of April, A.D. 2004. before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn. severally and each for himselfdeposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal aftixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Detiriis R. Hqvderi Notun, Public
My Commission Expires: February I, 2005
POA-F 012-4150H
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident ’
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed.” -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 21ST day of JANUARY 2005 .
I"
T[j[s IMPORTANT DISCLOSURE NOTICE IS PART OF YOU
,-
Wc arc makiup, [~IC lollowing inlornational disclosures in cornpliancc wirh Thc Tcrronsm Risk Insurance A
2002. No action is rcquircd on your pari.
ct or
Disclosure of Tcrcorism Prcrnium
nlc prcnlium cllargc for risk of loss rcsulting from acts of tcrronsrn(as dcfincd in [lic Act) undcr his bond is
'$ __ waivcd __ 711is amount Is rcflcctcd in tlic [olal prcrnium for [his bond.
Disclosurc of Availability or Covcragc for Tcrrorism bsscs
rquird by the Tcmonsm Risk ~nsurancc Act.of2002, wc havc madc available to you coverage for losses
rcsulring from ace of kxrotism (as dcfincd in [hc Act) wifh tams, amounts, and limitations that do not diflcr
rnatcrially as thosc for losscs arising from cvcnts othcr than acts of tarorism.
Disclosurc of FcdcraI Share of Insurancc Companv's Terrorism Cosscs
ll~c Tcaonsm bsk [nsumncc Ac[ of 2002 cstablishcs a rncchanisrn by which lhc Unitcd Statcs govcmmcnl will
stiarc in insunncc company losscs rcsulting Gom acfs of terrorism (as defincd in thc-Acr) aficr a insurancc ampany
has paid losscs in cxccss of an annual agsrcgak dcductiblc. For 2002, [Iic insurancc company dcductiblc IS 1% of
dircct canlcd premium in rhc prior ycar; for 2003, 7% of direct canicd prcmium in (tic prior ycaq for 2004, 10% of
dirccr carried pxmium in he pnor ycar, and for 2005, 15% of dimcarncd prcrnium in thc pnor ycar. nic fdcral
sharc of an insunna company's IOSSCS ahvc its deductible is 90%. [n llic cvcn[ [he Unikd Statcs govcrnmcrit
- participatcs in losscs, thc Unitcd SQtcs govcrnmcnt may dirccl: insurance companies lo collcct a tcrronsm surchargc
from plicyholdcrs. nlc Act docs not cumntly provide for insurancc industry or Unikd Statcs govcrnmcnt
paflicipation in [cmnsm losscs [hat cxcccd S 100 billion in any onc calendar ycar.
Definition of Act orTcrrorism
nic Tcrrorism R;sk Insurance Act dcfincs "act of tcrronsm" as any act that is ccriificd by the Sccrctary of thc
Trcasury, in concurrcnm with thc Sccrctary of Stak and the Attomcy Gcncral of thc Unitcd Statcs:
I. (0 bc an act olmotism;
2. to bc a violent act or an act that is dangcrous to human lifc, propcrty or infrastructure;
3. to havc rcsu1k.d in damagc within Lhc Unit& Shalcs, or outsidc of thc Unitcd Statcs in dic casc of an air
cam'cr (as dcfincd in scction 40102 oftitlc 49. Unitcd 17 Statu Codc) or a Unikd Shks flag vcsscl (or a
vcsscl bascd principally in tllc Unitcd Sbtc~, on wliicll Unitcd Stalcs incomc Lax is paid and wl~osc insum"cc
covcracc is subjjcct to rcgularion in IlIc Unircd S~~CS), or Ihc prcmiscs.of a Unitcd Sia[cs mission; and
lo tiavc bccn conimirrcd by an individual or individuals acting on bchalfofany forcign person or forc$yl
intcrcst as part ofan c~lort to cocrcc thc civilian population ofrilc Unitcd ~~atcs or to influcnw II~C policy Or
affccl (hc condud of [tic Unitcd Stalcs Govcrnmcnt by cocbon.
4
nul, no act shall k ccrtificd by [hc sccrctary as an act of Icrronsm ifthc act is commi[icd a$ part ofttlc COUGC Or a
war dcclarcd by Conpcss (cxccpt for w0rkcr-s' cornpcnsarion) or propcrty and casualty insu&cc losscs rcsul[inC
rrom [hc act, in (tic aarcgatc. do not cx~lcd SS.000.000.
BOND to8739353
PREMIUM: $1,414
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004-348,
adopted NOVEMBER 2, 2004
(hereinafter designated as the "Principal"), a Contract br:
, has awarded to HILLCREST CONTRACTING, mc.
SEACREST DRIVE
CONTRACT NO. 3679
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;
, as Principal,
(hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND
, as Surety, are held and firmly bound unto the Cityof Carlsbad,
in the sum of ONE HUNDRED SIXTY NINE THOUSAND TWO HUNDRED TWENTY TWO Dollars
($169,222), said sum being equal to one hundred percent (100%) of the estimated amount of the
Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment,
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, WE, HILLCREST CONTRACTING, INC.
.I-
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 attorneys 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 $# Revised 10/08/03 Contract No. 3679 Page 35 of 83 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. I
Executed by CONTRACTOR this 1 5TH
day of FEBRUARY, 2005 .
~'
CONTRACTOR:
HILLCREST CONTRACTING, INC.
Executed by SURETY this 2 1 ST day of
120- 05 JANUARY
SURETY:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND
(name of Contractor)
By: rn (sign here)
Glenn J. Salsbury-President
(print name here)
(Title and Organization of Signatory)
~ (name of Surety)
801 NORTH BRAND BLVD., SUITE PENTHOUSE
GLENDALE, CA 91203
(address of Surety)
(telephone number of Surety)
(818) 409-2800
By:
MATTHEW P. FLAKE - By:
(printed name of Attorney-in-Fact)
(sign here)
(Attach corporate resolution showing current
power of attorney.) (print name here)
Einer G. Lindholm-V.P./Secretary
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary 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:
Deputy City Attorney
Revised 10/08/03 Contract No. 3679 Page 36 of 83 Pages
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON January 24,2005 before me, Michelle Santiago, Notaw Public , personally appeared
Einer G. Lindholm ,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 !I&
authorized capacity, and that by hissignature on the instrument the person or entity upon
behalf of which the person acted, executed the instrument.
'~~'~~~~~~~~~~~~~~~~~~~~~~~~~
NOTAVd~ CoMkl 1378406 23 F.MHLLLLW +
Mv Comrl. a?nnr se& t, 2m ;<
')>>:>3>553 i: ;: >>,,,,,,,,,,,,,! RNERSWlE
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: PERFORMANCE BOND
Document Date: Januarv 2 1,2005 Number of Pages: TWO
Signer(s) Other Than Named Above NONE
Capacity(ies) Claimed by Signer
Signer's Name: Einer G. Lindholm
0 Individual &k Corporate Officer - Title(s): V.P. / Secretary
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing: HILLCREST CONTRACTINGy INC.
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON January 24,2005before me, Michelle Santiaqo. Notary Public , personally appeared
Glenn J. Salsburv, 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 hisauthorized
capacity, and that by &signature on the instrument the person or entity upon behalf of
which the person acted, executed the instrument.
OPTIONAL I
Though law does not require the information below, prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: PERFORMANCE BOND
Document Date: January 2 1.2005 Number of Pages: Two
Signer(s) Other Than Named Above NONE
Capacity(ies) Claimed by Signer
Signer’s Name: Glenn J. Salsbury
C] individual
&k Corporate Officer - Title(s): President
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
C] Other:
Signer is Representing: HILLCREST CONTRACTING, INC.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STAm OF CALIFORNIA
COUNTY OF ORANGE
On 1-21-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared MATTHEW P. FW(E 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.
NOTARY PUBLIC4
ORANGE COUNTY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
PERFORMANCE BOND
TITLE OR TYPE OF DOCUHEWT
ENHBER OF PAGES 2 LlA!L'E OF 1-21-05
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE (S)
0 PARTNER (S) ATTORNEY-IN-FACT 0 TRUSTEE (S)
0 OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S1 OR ENTITY(S.1
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH. Assistant Secretary, in
pursuance of authority granted by Article VI, S
side hereofand are hereby certified to be in full force and effect on the date
set forth on the reverse
nate, constitute and
atthew P. FLAKE
execute. seal and deliver, for. and on its behalf undertakings, and
of the Company at i
The said Assistant copy of Article VI,
Section 2, of the By-
d their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of April,
A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistmt Secretcry Paul C. Rogers Vice Presidetit
State of Maryland ss:
On this 23rd day of April, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland. duly
commissioned and qualified. came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said offkers of the Company aforesaid,
and that the seal aftixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore 1
Dennis R. Huyderi Notury Public
My Commission Expires: February I, 2005
POA-F 01 2-41 50H
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I,
that
the
the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
. the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall k valid and
binding upon the Company with the same force and effect as though manually affixed.” -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company.
JANUARY 2005 . this *lST day of
Assisttint Secreturv
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 IICity'' 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 Seacrest Drive, Contract No. 3679, in the amount of
(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 $1 00,000 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.
dated
I
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.
.-
Revised 10/08/03 Contract No. 3679 Page 37 of 83 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.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant
to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
_- For Contractor:
For Escrow Agent:
Signature
Address
Title
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
,-
Revised 10/08/03 Contract No. 3679 Page 38 of 83 Pages
~~
.-
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
e Revised 10/08/03 Contract No. 3679 Page 39 of 83 Pages
SUPPLEMENTAL PROVISIONS
FOR
SEACREST DRIVE
CONTRACT NO. 3679
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
- Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing
of necessary labor, materials, tools, equipment, and transportation.
IfT' Revised 10/08/03 Contract No. 3679 Page 40 of 83 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 Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section
2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses
to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is
not part of the Contractor’s Own Organization and will not be included for the purpose of compliance
with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
@ Revised 10/08/03 Contract No. 3679 Page 41 of 83 Pages
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
CMWD .................................... Carlsbad Municipal Water District
Bldg ........................................ Building band Buildings
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit District
OHE ........................................ Overhead Electric
OMW D ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VWD ....................................... Vallecitos Water District
T ............................................. Telephone
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor’s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (1 0) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
_-
Revised 10/08/03 Contract No. 3679 Page 42 of 83 Pages
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, 'bho is
listed in the latest version of US. Department of Treasury Circular 570,". -
Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract.
The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an
amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The bonds to secure payment of laborers and materials suppliers shall be released six months plus
30 days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
.-
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2003 Edition, and the 2004 supplement thereto,
hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the
Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions
section of this contract.
a Revised 10/08/03 Contract No. 3679 Page 43 of 83 Pages
The construction plans consist of one set of drawings designated as City of Carlsbad Drawing No.
416-7 and consists of 4 sheets. 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 of Public Works, together with the most recent editions of the City of
Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City
of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as
CMWDSD, as issued by the Carlsbad Municipal Water District.
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:
Permits from other agencies as may be required by law.
Supplemental Provisions.
Plans.
Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans. Standard Specifications for Public Works Construction.
Reference Specifications.
Manufacturer’s Installation Recommendations.
-
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
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:
@ Revised 10/08/03 Contract No. 3679 Page 44 of 83 Pages
“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.”
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete ”as-built“
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefor.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(@ as required by 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 and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work.
Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes] grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8 /211 by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated
a Revised 10/08/03 Contract No. 3679 Page 45 of 83 Pages
with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with Q§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under $5 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes
shall be set to show the location and grade of future curbs adjacent to traffic signal locations where
the curb is not being built as a part of this contract. Staking and marking shall be completed by the
Surveyor and inspected and approved by the Engineer before the start of construction in the area
marked. Centerline monument shall have the disk stamped with the date the monument was set and
the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that
are shown on the plans shall be staked and flagged prior to the start of any other activities within the
limits of the work. When curb and gutter does not exist and is not being installed as a part of the
project the location of adjacent facilities being constructed as a part of the contract the Contractor
shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or
other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor
andlor those noted on the plans as to be installed by others.
Feature Staked
Street Centerline
Clearing
Slope
Fence
Rough Grade Cut2
or Fills 2 10 m
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Centerline or Parallel to Centerline
Description Spacing@, Q
Lath in soil,
painted line
on PCC & AC I lath - Intervisible, s 15m (50’) on tangents
& I 7.5m (25’) on curves, Painted line -
continuous surfaces
RP + Marker
Stake lntervisible and s 15m (50’)
Stake
Lateral
Spacing 0, Q
on street centerline
at clearing line
Grade Breaks
& 57.6 m (25’)
WA
(constant
offset)
NIA
Revised 10108103
Setting Tolerance
’ (Within)
7 mm (0.02’) Horizontal: also see
section 2-9:2.1 herein
0.3 m (1’) Horizontal
30 mm (0.1 ’) Vertical &
Horizontal
30 mm (0.1’)
Horizontal
30 mm (0.1’) Vertical &
Horizontal
Contract No. 3679 Page 46 of 83 Pages
s 15 m (50’) on tangents & curves when R2
3OOm (1 000’) & I 7.5m (25’) on curves when R I 300m (1000’)
I6.7 m (22’) 10 mm (3/8”)
Horizontal & 7 mm
(1 /4”) Vertical
Final Grade
(includes top of:
Basement soil,
subbase and
RP + Marker Stake, Blue- .op in grading
area
base)
Asphalt Pavemen 10 mm (%f) Horizontal & 7 mm ( /4”) Vertical 57.5m (25’) or as per the intersection grid
ioints shown on the plan whichever provides
the denser information
edge of
pavement,
paving pass
width, crown line & grade breaks
as appropriatc
RP, paint on
previous
course
RP + Marker Stake
RP + Marker Stake
Finish Course
10 mm (‘/$’) Horizontal
& 7 mm ( /t) Vertical
~ ~~ itervisible & < 7.5m (25’), beginning and end
BC & EC of facilities, Grade breaks,
4lignment breaks, Junctions, Inlets & similar
facilities, Risers & similar facilities (except
Drainage Structures, Pipes
& similar
Facilities6, 0
plumbing), Skewed cut-off lines .
I 7.5m (257, BC & EC, at %A, MA & *A on 10 mm (“/e”) Horizontal
& 7 rnm (‘/qn) Vertical
( constant off set) curb
curb returns & at beginning & end
Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
at each pole & controller location
Traffic Signal 6
Signal Poles & Controller 6
Junction Box d
Conduit 6
10 mm (”/e”l Horizontal as appropriatc RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker
Stake + Line
Stake
& 7 mm (‘/2) Vertical
10 mm (“/E’? Horizontal at each junction box location as appropriatc
as appropriatc
& 7 rnm (lit) Vertical
10 mrn (“/e”) Horizontal I 15 m (50) on tangents & curves when R2
300m (1 000’) & I7.5m (25’) on curves when
R I 300m (1 000’) or where grade I 0.30%
& when depth cannot
be measured from
existing pnavement 7
mm ( /4 ) Vertical
10 mm (”/<) Horizontal
& 7 mm (‘/4”) Vertical
(when vertical data
needed)
30 mm (0.1’) Vertical & Horizontal
7 mm (’hn) Horizontal
& 7 mm (‘/;I Vertical
- as appropriatl or catch basins: at centerline of box, ends ol box & wings & at each end of the local depression GI
Minor Structure B
I 15 rn (50’) & along end slopes & conic transitions
as appropriatc RP + Marker
Stake + Line
Stake
RP + Marker
Stake + Line
Point +Guard
Stake
RP + Marker Stake + Line
Point +Guarc
Stake
RP
Abutment Fill
as appropriati Wall 0 2 15 m (50’) and at beginning & end of: each wall, BC & EC, layout line angle points,
:hanges in footing dimensions &/or elevatior
&wall height
3 m to 10 m (1 0’ to 33’) as required by the Engineer, BC & EC, transition points & at ieginning & end. Elevation points on footing5
Major Structure G
Footings, Bents
Abutments &
Wingwalls
Superstructure!
10 mm (?() Horizontal
& 7 mm ( /t) Vertical
as appropriatl
- - at bottom of columns -
, m to 10 m (10’ to 33’) sufficient to use strin! as appropriatl 1 O.mm (“/?”) Horizontal & 7 mm ( /4”) Vertical lines, BC & EC, transition points & at
leginning & end. Elevation points on footingz
at bottom of columns
I15 m (50’)
I 15 m (50’) on tangents & curves when R2
300m (1000’) & I 7.5m (25’) on curves when
Miscellaneous 0
Contour Gradin! 6
Utilities 0, 0
along contou line
as appropriatl
as appropriatl
30 mm (0.1’) Vertical & RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake + Line Point +Guarc
Stake
Horizontal
10 mm (“/a”) Horizontal & 7 mm (I/.,”) Vertical
30 mm (0.1’)
Horizontal & 7 mm
(’/47 Vertical
30 mm (0.1’) Vertical &
Horizontal
-
R 5 300m (1 000’) or where grade I 0.30%
intervisible & I 30 m (100’). BC & EC of Channels, Dike:
& Ditches 6 . I. facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities
At sign location Signs 0 Line point
Revised 10/08/03 Contract No. 3679 Page 47 of 83 Pages
Subsurface
I Drains 0
Vertical Control
Clearing
Grading
Overside Drains a
Bench marks
White/Orange
Limits of clearing Yellow/Black
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow
Markers 0
Structure
Drainage, Sewer, Curb
Railings &
Barriers O
grade, etc.
Bridges, sound and retaining walls, box culverts, etc.
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
White
Blue
AC Dikes O
Right-of-way
Miscellaneous
Box Culverts
drains, slope protection, curbs, gutters, etc.
Fences, W W lines, easements, property monuments, etc.
Signs, railings, barriers, lighting, etc. ' Orange
W hiteNellow
Pavement
MarkersO
0 Staking for feat
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake
RP
3 may be om
intervisible & I 15m (507, BC & EC of
facilities, Grade breaks, Alignment breaks,
Junctions, Inlets & similar facilities, Risers &
similar facilities
longitudinal location
for asphalt street surfacing 5 15 m (50') on
angents & curves when R1300m (1000') & 5
7.5m (25') on curves when R I 300m (1 000').
At beginning & end and I 15 m (50') on
angents & curves when R 2 300m (1 000') & 2
7.5m (25') on curves when R I 300m (1 000')
At beginning & end
3 m to 10 m (10' to 33') as required by the
Engineer, BC & EC, transition points & at leginning & end. Elevation points on footings
& at invert
50 m (200') on tangents, 15m (50') on curves
when R 1 300m (1000') & 7.5m (25') on
curves when R I 300m (1 000') For PCC
surfaced streets lane cold jointi will suffice
?d when adjacent marker stakes reference t
as appropriate
At beginning 8
end
At marker
location(s)
at railing & barrier
location(s)
as appropriate
as appropriate
at pavement
marker
location(s)
t offset and elc
30 mm (0.1')
Horizontal & 7 mm
('/4") Vertical
30 mm (0.1')
Horizontal & 7 mm
( /4") Vertical
7 mm ('/.I") Horizontal
1
10 mm ("/a") Horizontal & Vertical
30 mm (0.1')
Horizontal & Vertical
10 mm ("/?") Horizontal
& 7 mm ( /4") Vertical
7 mm ('/<) Horizontal
ation of those features
and the accuracy requirements of the RP meet the requirements for the feature
0 Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the
installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point
for the purposes of this table GI Perpendicular to centerline.
@I Some features are not necessarily parallel to centerline but are referenced thereto
&, Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
0 2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol-
lowing the symbol.
@ The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
TABLE 2-9.2.2(8)
Survey Stake Color Code for Construction Staking
Type of Stake IDescription I Color*
Horizontal Control I Coordinated control points, control lines, control reference points, centerline, 1 White/Red
Revised 10/08/03 Contract No. 3679 Page 48 of 83 Pages
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 bid item No. 15 Construction Surveying and no additional
payment will be made. Extension of unit prices for extra work shall include full compensation for
attendant survey work and no additional payment will be made therefor. Payment for the replacement
of disturbed monuments and the filing of records of survey and/or corner records, including filing fees
therefor, shall be incidental to the work necessitating the disturbance of said monuments and no
additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer
may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain andor make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The Engineer
shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance
pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be
limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all -
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, 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.
-
@ Revised 10/08/03 Contract No. 3679 Page 49 of 03 Pages
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
Work by Contractor. The following percentages shall be added to the Contractor's costs and
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. 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.
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.
^-
Revised 10/08/03 Contract No. 3679 Page 50 of 83 Pages
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
-
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
-
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. -
@ Revised 10/08/03 Contract No. 3679 Page 51 of 83 Pages
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.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
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.
Revised 10/08/03 Contract No. 3679 Page 52 of 83 Pages
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
-
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 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. -
@ Revised 10/08/03 Contract No. 3679 Page 53 of 83 Pages
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, 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.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in performance, appearance, durability, compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area@), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
a Revised 10/08/03 Contract No. 3679 Page 54 of 83 Pages
- 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
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size andlor location of utilities indicated on the Plans is not guaranteed. The Contractor shall protect
in place all existing utilities and structures.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
-
e Revised 10108103 Contract No. 3679 Page 55 of 83 Pages
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
othewise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 10 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.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the
notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
-
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
-
e Revised 10/08/03 Contract No. 3679 Page 56 of 83 Pages
I
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section: -
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor‘s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. -
Revised 10/08/03 Contract No. 3679 Page 57 of 83 Pages
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 30 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 8:30 a.m. and 4:30 p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of work
being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
Engineer will not accept the Work or any portion of the Work before all of the Work is completed and
all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or
portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the
Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the
office of the San Diego County Recorder. The date of recordation shall be the date of completion of
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of five hundred Dollars ($500).
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.
Revised 10/08/03 Contract No. 3679 Page 58 of 83 Pages
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor.
@ Revised 10/08/03 Contract No. 3679 Page 59 of 83 Pages
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQI NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity”
Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City‘s contracted waste disposal company, Coast Waste Management at 929-941 7.
During the work, the Contractors schedule shall be designated to provide residents and business
owners whose streets are to be worked on sufficient paved parking within an 800 foot distance from
their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected street
or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval.
Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
Revised 10/08/03 Contract No. 3679 Page 60 of 83 Pages
7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer ...................................................................................... (760) 438-11 61 X-4411
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97
3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500
6) North County Transit District .............................................................. (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," latest edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facilityl
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 21 0-1.6 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 travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division 1,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
cones rather than post-type delineators are used during the hours of darkness, they shall be affixed
Revised 10/08/03 Contract No. 3679 Page 61 of 83 Pages
or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except
the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be
parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment.
A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.2 Maintaining Traff ic. The Contractor's personnel shall not work closer than (insert minimum
acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from
any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance,
eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent
traffic lane or provide barriers.
During the entire construction, the local residents shall be allowed access to and from their homes.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic
lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
"Manual of Traffic Control", latest 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:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan.
@ Revised 10/08/03 Contract No. 3679 Page 62 of 83 Pages
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.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all
TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient
scale and detail to show the lane widths, transition lengths, curve radii, stationing of features
affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP
phase. When the vertical alignment of the travelled surface differs from the finished pavement
elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", latest Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the
sole judge of the suitability and quality of any such modifications, supplements, and/or new designs
to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such
approval until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and
Submittals .
@ Revised 10/08/03 Contract No. 3679 Page 63 of 83 Pages
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid,
The contract lump sum price paid for "Traffic Control" shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements andlor new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for
portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of
labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payments for "Traffic Control"
will be based on the percentage of the improvement work completed.
-
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and - falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
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.
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"
@ Revised 10108103 Contract No. 3679 Page 64 of 83 Pages
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Engineer will make an approximate measurement of the work performed to the closure
date as basis for making monthly progress payments. The estimated value will be based on contract
unit prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (10)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of
the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the Engineer
determines that the supplemental payment request is not proper, then the request shall be returned
to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the
supplemental payment request was not proper. In conformance with Public Contract Code Section
20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and
properly submitted supplemental payment request from the Contractor. If payment of the undisputed
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then
the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.01 0 of the Code of Civil Procedure.
-
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
-
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
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.
a Revised 10/08/03 Contract No. 3679 Page 65 of 83 Pages
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.
I
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate.
Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for Mobilization and Preparatory Work will be made at the stipulated lump-sum price bid therefor in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and
operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work.
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), fifty percent (50%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional fifty percent (50%) of the amount bid for mobilization and preparatory work will be allowed therefor.
a Revised 10/08/03 Contract No. 3679 Page 66 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be 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 1 1/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval.
AGGREGATE GRADING REQUIREMENTS
Percentage Passing
I V.2" Maximum 3/4 Maximum
Sieve Sizes 2" .................................. 1 1/2H .............................
1 " ..................................
314" ...............................
No. 4 ............................. No. 30 ........................... No. 200 ........................
Operating Range
1 00 90-1 00
50-85
25-45
2-9
-
10-25
Operating Range - -
1 00
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.
Operating
The aggregate shall not be treated with lime, cement or other chemical material before the Durability
Index test is performed.
Revised 10/08/03 Contract No. 3679 Page 67 of 83 Pages
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.”
Type of Construction
All Concrete Used Within the Right-of-way
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.
Concrete Maximum
Class Slump mm (Inches)
330-C-23 (2)
(560-C-3250) (’)
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or
one day’s production, whichever is smaller.
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201 -1.1.2 (A). Modify as follows:
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
All finished concrete surfaces shall have a %” 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.
Type “A” Sealant (Two-Part Polyurethane Sealant). Add the following:
Revised 10/08/03 Contract No. 3679 Page 68 of 83 Pages
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 M, Grade P, Class 25, or FS TT-S 0227E Class A,
non-sag, Type II.
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 6-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches.
@ Revised 10/08/03 Contract No. 3679 Page 69 of 83 Pages
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 gradation complies with Table 203-6.3.2 (A).
Use 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 contaminants and so that the cut surfaces do not influence the test results.
1
2
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 2172: “method A or B.”
203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in
excess of 2 hours, and any other asphalt concrete stored in excess of 2 hours, shall not be used in
the work.
Revised 10/08/03 Contract No. 3679 Page 70 of 83 Pages
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.1.5 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 shall include both stationary and
portable signs.
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications for Reflective Sheeting Signs, October 1 993” as
follows: Excepting only construction warning signs used at a single location during daylight hours for
not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use a aluminum substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic
signs shall in installed in wood posts in the same manner shown on the State of California,
Department of Transportation “Standard Plans” 1995 edition standard plans number RS1, RS2, RS3
and RS4 for installation of roadside signs panels will not be required.
a) Back braces and blocks for sign panels will not be required.
b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m
c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other
supports as approved by the Engineer. When construction area signs are installed on existing
lighting standards, holes shall not be made in the standards to support the sign.
d) The post embedment shall be 0.8-m (32”) if post holes are backfilled around the posts with
295-C-17 (500-C-2500) portland cement concrete.
e) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 m2
(5 ft2) of sign area.
(7’). -
Post size and number of posts shall be as shown on the plans, except that when stationary mounted
signs are installed and the type of sign installation is not shown on the plans, post size and the
number of posts will be determined by the Engineer. Posts shall be good sound wood posts, suitable
for the purpose intended. Sign panels for stationary mounted signs shall consist of Type IllA
reflective sheeting applied to a sign substrate. Sign panels 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 Portable Temporary Traffic Signs Each portable temporary traffic signs shall consist of
a base, standard framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specification For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of the Special Provisions. The height to the bottom of the sign panel above the edge
of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
a Revised 10/08/03 Contract No. 3679 Page 71 of 83 Pages
Add the following section:
206-7.2.6 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 maintain. all
temporary traffic signs used in the Work in a clean, reflective and readable condition. The contractor
shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18
hours of being marked by graffiti.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, edge lines, and curbs shall be rapid dry water borne conforming to
CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement
arrows, cross walks, 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.
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
21 2-1 LANDSCAPE MATERIALS.
Add the following section:
212-1.8 Root Barriers. Root barriers shall be no less than 29” in depth. Root barriers shall be
“Biobarrier”, as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138,
Phone 61 5-847-7000, no substitutes will be accepted.
Revised 10/08/03 Contract No. 3679 Page 72 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTR UCTlON
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
Add the following:
300-1.1 General. Clearing and grubbing shall be in accordance with the provisions of Section
300-1, "Clearing and Grubbing," of the Standard Specifications and in accordance with the plans,
with these Special Provisions, and as directed by the Engineer.
Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete,
A.C. pavement, or any other objectionable material encountered in connection with the construction
of the project improvements.
In addition to the above items, clearing and grubbing shall include, but not limited to the following
items:
Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and
disposal of asphalt concrete, base material, and concrete.
Protection of existing utility structures prior to and during construction of proposed improvements.
Protection of existing homeowner improvements such as sprinkler systems, mailboxes, walkways, pavers, plants, trees, shrubs, etc.; including the replacement of homeowner improvements damaged
during construction.
Furnishing and applying water for construction and for dust control.
Maintenance of project site for safety and appearance.
Clean up of project upon completion of work.
Adherence to all relevant stormwater regulations and implementation of best management practices
for the project site.
Adjustment to grade of miscellaneous items such as drainage inlets, utility boxes, valves, manholes,
pullboxes, interfering portions of storm drain pipes, posts, and poles which are not designated as
separated bid items or which are not included in other bid items.
Contractor must protect in place all utilities, irrigation systems, sprinklers, hose bibs, curb drains,
trees, fences, walls, pavers, bricks, and other facilities, except those specifically shown on plans or
directed by the Engineer to be removed or relocated.
e Revised 10/08/03 Contract No. 3679 Page 73 of 83 Pages
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor, shall be repaired or replaced at his cost, to the satisfaction
of the Engineer.
I
The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage
on streets or adjacent areas. Clean up of spillage will be at the Contractor’s expense.
All material removed from the site shall be disposed of at the Contractor’s expense at a site
approved by the Engineer.
Work performed as Clearing and Grubbing shall include the protection and pruning of existing tree roots within the limits of construction. Contractor shall dispose of organic debris, including tree root
cuttings.
The trees are overmature Tipuanatipu. These trees shall be protected-in-place and impacts due to
construction of the street improvements shall not cause death or decline of the trees.
A meeting shall be held on-site prior to the start of construction and any protective measures will be discussed. The meeting shall be called by the Contractor and shall include a City arborist and the Construction Inspector.
Root pruning or cutting shall be supervised by the project arborist or designated City representative.
No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one inch (1”) in diameter may be cleanly cut at the edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots may not be cut. In the event that a root may not be cut, the Contractor will pave over the root in place. The roots shall be cut with a VERMEER Model T-300B root-cutter or approved equal to a depth of eighteen (18) inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City arborist. All damage to trees shall be reported promptly to the arborist for appropriate treatment. The regional distributor for the root-cutting machine is Vermeer-California, Ontario, CA (71 4-947-
1001).
Payment for all the work described in this section will be made per the Lump Sum Bid Item “Clearing and Grubbing.” Full compensation for protection of existing improvements and trees, including but not limited to protecting, pruning or cutting of existing tree roots, shall be included in the contract lump sum price bid for clearing and grubbing and no additional compensation will be allowed the ref o re.
300-2 UNCLASSIFIED EXCAVATION
Add the following:
300-2.1 General. Unclassified excavation shall include removal and disposal of excess base material, subase, native material, recompaction, mixing, grading, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction
of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all grades 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 to 95 percent relative compaction, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and
pumping and disposal of storm and ground water. -
Revised 10/08/03 Contract No. 3679 Page 74 of 83 Pages
300-2.2.1 General. Add the following to the first paragraph: Such direction may include, but is not
limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable
soils at specific locations or elevations on the site.
Add the following:
300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the
project. The Contractor shall utilize highway legal haul trucks for this export of material from the
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. The Contractor shall acquire a Haul Route Permit from the City of
Carlsbad at no fee to the Contractor.
-
Substitute the following:
300-2.9 Payment. Payment for all work included in this Section 300-2 Unclassified Excavation
and Greenbook Section 300-2, shall be included as part of the lump sum bid item “Clearing and
Grubbing.” No additional compensation will be made therefore.
Add the following section:
300-2.1 0 Grading Tolerance. Excavated areas other than slopes and subgrade below structures,
within the roadway and sidewalk areas shall be finished within 30mm (0.1’) of the grades shown on
the plans. Subgrade tolerances shall conform to the requirements of Section 301 -1.4 SSPWC.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF
BASE MATERIALS
301-1 SUBGRADE PREPARATION
Modify the second and third paragraphs as follows:
301-1.2 Preparation of Subgrade. Change each instance reading “1 50mm (6 inches)” to
“300mm (1 2”)”. Subnrade preparation work must be continuously inspected by the project arborist or
City representative in order to protect the tree roots.
Delete the first paragraph and substitute the following:
301-1.3 Relative Compaction. Compaction must be continuously inspected bv the project arborist or Citv representative in order to protect the tree roots. The upper 300 mm (12”) of subgrade
beneath areas to be paved, have base or subbase material placed on them, or curb and gutter, alley
pavement, driveway or sidewalk constructed over them shall be compacted to no less than 95
percent maximum dry density as determined by ASTM test D-1557-91.
Modify the first paragraph as follows:
301-1.7 Payment. Payment for subgrade preparation shall be included in the contract bid price
for “Dig-out, Removal of 4” AC and/or Base and tree roots, recompact existing subgrade 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.
Revised 10/08/03 Contract No. 3679 Page 75 of 83 Pages
301-2 UNTREATED BASE -
Add the following:
301-2.1
Standard Specifications.
General. Untreated base shall be crushed aggregate base per Section 200-2.2 of the
Add the following:
301-2.4 Measurement and Payment. Payment for Crushed Aggregate Base will be at the per
ton bid which shall include full compensation for furnishing all labor, materials, tools, equipment,
incidentals, and for doing all work involved in placing the base as called for in these Special
Provisions, as shown on the plans, or as directed by Engineer.
Add new subsection:
301-6 SOIL STERILANT
301-6.1 General. All areas indicated on the Plans to receive Asphalt Concrete Pavement over
native materials shall be prepared in accordance with applicable sections of the Standard
Specifications concerning subgrade preparation. In addition, after the compaction is completed, the
Contractor shall apply a soil sterilant to the subgrade. Application shall be by spray equipment which
provides good mechanical agitation and even coverage of the area to be treated. Spray equipment
shall be calibrated before material is applied, and the Engineer’s decision as to the effectiveness of
the spray equipment shall be final. Great care shall be taken to apply soil sterilant to the designated
areas only. Concrete or asphalt may be placed immediately after placement of soil sterilant.
301-6.2
licensed by the State of California, Department of Food and Agricultural Affairs.
Operator’s License. The Contractor’s operator applying the soil sterilant shall be
301-6.3 Application. Any soil sterilant, which is approved in writing by a licensed pest control
advisor (for the purpose to which it will apply) may be used upon acceptance by the Engineer.
The dye shall not stain concrete or masonry. Certification shall be furnished to the Engineer showing
the purchase receipt and manufacturer’s recommended rate of application of the material.
301-6.4
sterilant and shall include the cost for application in the unit price quoted for Asphalt Concrete.
Payment. The Contractor shall supply all labor, materials and equipment to apply the soil
Revised 10/08/03 Contract No. 3679 Page 76 of 83 Pages
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 appropriate addresses shall be the contractor’s responsibility. Letters shall be as
shown in bold type as follows, with the appropriate information specific to the work inserted at the
locations indicated in the brackets and italicized.
(Name of Contractor)
(Address of Contractor)
(Contractor% License Number)
(Date)
As a part of the City of Carisbad’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 ?P x 8 Y2” card attached to your doorknob. You
will also notice temporary no parking signs on your street with a specific
no parking date written on it.
A successful street maintenance program depends on your cooperation.
Please do not drive, walk, play, skate or allow pets on the 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 l/P x 8 Y” card. If
you have a moving company scheduled to come to your house within the
I
@ Revised 10/08/03 Contract No. 3679 Page 77 of 03 Pages
next two weeks, please call and inform the Contractor of the date. If you
have any concerns which are not addressed by the Contractor, please call
the City‘s Engineering Inspection Department at 438-1 161 I extension
4323. they will assist you in resolving the concerns.
The City of Carlsbad has some of the finest streets in the county due to
the concern and cooperation of citizens like you. Your cooperation is
greatly appreciated.”
During 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.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 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 Mobilization and Preparatory 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.
Revised 10/08/03 Contract No. 3679 Page 78 of 83 Pages
..
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 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 during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be required at all times when a ASPWP is used. Additionally, a front end loader will be required during all ASPWP paving. The surface course shall be 50 mm (2”) thick. Leveling courses will be required in a variable thickness pavement section.
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.
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.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per square foot as part of the bid items 2” AC Cold Milling and 2” AC Overlay and 4” AC Pavement. No additional payment shall be made for any tack coat, nor sand blotter.
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).
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Revised 10/08/03 Contract No. 3679 Page 79 of 83 Pages
Add the following section. 302-1 1.2 4” Dig-out: Removal and disposal of 4” AC and/or base and tree roots, recompact existing subgrade to 95%. Work for this bid item shall consist of removing asphalt concrete and/or aggregate base/subgrade/native material to 4 inches below existing asphalt surface, disposing of removed material, and replacing the material so removed with asphalt concrete. 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 Dig Out
area in the field. 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 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 emulsififd asphalt stall 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. The Contractor is required to use a self-propelled paving machine for areas 10 feet wide and wider. The bottom 2 inches of AC shall be B-AR-4000. The top 2 inches of AC shall be C2-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. 302-1 1.3. 2” AC Cold Milling and 2” AC Overlay. 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 cold mill areas in the field by outlining the area with paint. The Contractor shall cold mill the asphalt concrete in the designated area to the depth required per the plans and specs. 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-1 h emulsifieg asphalt sh$l 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 overlay the cold-milled area with C2-AR-4000 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. The asphalt concrete so constructed shall have a finish surface and density conforming to
subsection 302-5.6.2 SSPWC.
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 1.4 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. 302-1 1.5 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 of existing asphalt concrete, aggregate basehubbase and native 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. The bid price for cold milling shall include removing and disposing of pavement fabric when encountered.
Revised 10/08/03 Contract No. 3679 Page 80 of 83 Pages
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS.
Type of underground facilities
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve
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.
Marking
W
S
RW
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3”) high
block letters directly above the point that it is crossed by underground facilities with the marking
specified in Table 303-5.5.2(A)
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be
considered as continuing across driveways and access ramps when constructed adjacent thereto.
Neither curb and gutter nor curb will be paid for across the length of local depressions, except that
which occurs in gutter transitions at each side of an inlet. 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 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-4 PLANTING
Add the following:
308-4.5.1 Root Barriers. Root barrier installation shall be inspected by the project arborist or City
representative before being covered. Root barriers shall conform to Section 212-1.8, Root Barriers.
The Contractor shall install root barriers continuously along back of curb as indicated in the plans.
The top of the root barrier shall be 25 mm (1”) below the finish grade of the parkway areas.
The bottom of the root barrier shall be installed 30 below the finish grade of the parkway area.
Install as indicated on the plans, eliminating any breaks in the barrier by providing at least 150 mm
(6) of overlap at splices or damaged areas. Splices and repair patches shall be stitched to the root
barrier material by a running stitch of no less than 6 stitches per 25 mm (1”).
308-4.5.2 Measurement & Payment. Payment for root barriers shall be at the contract unit price
per linear foot.
@ Revised 10/08/03 Contract No. 3679 Page 81 of 83 Pages
SECTION 31 3 - TEMPORARY TRAFFIC CONTROL DEVICES -
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
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 signs, construction signs, pavement
markers, temporary channelizers, temporary railing (type K), temporary crash cushions and
temporary appurtenances required in the specifications and traffic control plans are paid for as part
of the lump sum bid item Traffic Control.
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a Revised 10/08/03 Contract No. 3679 Page 82 of 83 Pages
APPENDIX “A”
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS OFFICE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX
>ear resident: 4s a part of the City of Carlsbad’s ongoing program o maintain its streets, your street will be repaired and resurfaced with asphalt concrete. Your street, rom XXX St. to XXX Ave. will be restricted from: 3eginning Date: XX/XX/XX Inding Date: XX/XX/XX rom X:XXA.M. to X:XX P.M. f you don’t plan to leave your home by X:XXA.M. in the above date please park your car on an adja- :ent street in your neighborhood that will not be re- surfaced. Streets scheduled for resurfacing can be letermined by calling either the Contractor or the 3ity of Carlsbad’s Project Inspector. When walking o and from your car, remember not to walk on the iewly overlaid street or you will have black residue in the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly over- aid asphalt. Also, please refrain from watering your awns, washing cars, etc., approximately 6-8 hours sfter the asphalt is laid as running water will cause lamage to the new surface. 4BC is the Contractor that will be performing the -esurfacing work for the city and you may call them it the above phone number if you have any ques- ions regarding the project. Resurfacing of your ;treet will not occur on the day your trash is col- ected. Mail delivery may be delayed if the postman :annot reach the mailbox that day. If you have a noving company scheduled for that day please call ind inform the Contractor of the date. If you have iny concerns which cannot be addressed by the >ontractor, you may call the City‘s Project Inspector Q (xxx) xxx-xxxx.
rhank you for your cooperation as we work to make better City of Carlsbad.
e Revised 10/08/03 Contract No. 3679 Page 83 of 83 Pages