HomeMy WebLinkAboutJackpot Painting; 2004-08-16; PWS04-24FACRECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2004-1201095
amis
DEC 21, 2004 4:45 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
UREGORV J. SMITH, COUNTY RECORDER
FEES: 0.00
RAGES: 1
I Illili
Space above this line for Recorder's use.
PARCEL NO: 204110006
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
8.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on November 19, 2004.
The name of the contractor for such work or improvement is Jackpot Painting Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: Exterior Painting of Senior Center,
Agreement Number FAC 04-05.
The street address of said property is 799 Pine Avenue.
joug Du/iaanson
Deputy/Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on Mostg-^Vx.-*- 3o 20®H , 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 >Sove.yJ^ow "3o. 20e*A, at Carlsbad, California.
/"._SBAD
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the Exterior Painting of Senior
Center, FAC 04-05 and has requested that the City of Carlsbad accept the public
improvements. City forces have inspected the public improvements and found them to be
satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Exterior Painting of Senior Center. $31,942.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
loydflubbs/Public Works Director Date / /
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above-described public improvements is deemed complete and hereby
accepted, The City Clerk is hereby authorized to record the Notice of Completion and release
the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above-described
improvements.
uPN^TOTrr-t——
NQV 3 0 2004
RAYMOND R. PATCHETTTCity Manager Date
APPROVED AS TO FORM:
Roflald R. Ball, City Attorney
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
XTERIOR PAINTING OF
SENIOR CENTER
PWS04-24FAC
CONTRACT NO. FAC 04-05
ts Revised 10/08/03 Contract No. EAC 04-05 Page 1 of 72Pages
.
. Item
TABLE OF CONTENTS
Page
Notice Inviting Bids ....................................................................................................................... 5
Contractor’s Proposal ................................................................................................................... 9
Bid Security Form ......................................................................................................................... 13
Bidder’s Bond To Accompany Proposal ....................................................................................... 14
16
18
19
20
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 .......................................................................................... 21
Bidder’s Statement Of Re Debarment .......................................................................................... 22
.. Bidder’s Disclosure Of Discipline Record ......................................................................... 23
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 25
Contract Public Works .................................................................................................................. 26
Labor And Materials Bond ............................................................................................................ 32
Faithful PerformanceNVarranty Bond ........................................................................................... 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 36
.
4- kg Revised 10/08/03 Contract No . FAC 04-05 Page 2 of 72Pages
. SUPPLEMENTAL PROVISIONS
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-1 0
Section 3
3-2
3-3
3-4
3-5
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ...................................................................................................................
Definitions ............................................................................................................
Abbreviations .......................................................................................................
Scope And Control Of The Work
Subcontracts ........................................................................................................ Contract Bonds ....................................................................................................
Authority Of Board And Engineer ........................................................................ Plans And Specifications ...................... ..............................................................
Changes In Work
Extra Work ...........................................................................................................
Disputed Work .....................................................................................................
Changes Initiated by the Agency .........................................................................
Changed Conditions ............................................................................................
39
39
40
41
41
42
43
4.
44
44
45
45
Section 4 Control Of Materials
4- 1 Materials And Workmanship ............................................................................... 48
4-2 Materials Transportation. Handling and Storage ................................................. 49
Section 5 Utilities
5-1 Location ............................................................................................................... 49
5-4 Relocation ............................................................................................................ 49
.
Section 6 6- 1 Construction Schedule And Commencement Of Work ....................................... 50
6-2 Prosecution Of Work ........................................................................................... 54
6-6 Delays And Extensions Of Time .......................................................................... 54
6-7 Time of Completion ............................................................................................. 54
6-8 Completion And Acceptance ............................................................................... 55
6-9 Liquidated Damages ............................................................................................ 55
Prosecution. Progress And Acceptance Of The Work
Section 7
7-3 Liability Insurance ................................................................................................ 55
7-5 Permits ................................................................................................................. 56
7-7 Cooperation and Collateral Work ........................................................................ 56
7-8 Project Site Maintenance ..................................................................................... 56
7-1 0 Public Convenience And Safety .......................................................................... 56
7-1 3 Laws To Be Observed ......................................................................................... 60
Responsibilities Of The Contractor
7-4 Workers' Compensation Insurance ..................................................................... 55
Section 8
8-2 Field Office Facilities ........................................................................................... 61
Facilities For Agency Personnel
Section 9 Measurement and Payment
-' 9-1 Measurement Of Quantities For Unit Price Work ................................................. 61
9-3 Payment ............................................................................................................... 61
..
e= ts Revised 10/08/03 Contract No . FAC 04-05 Page 3 of 72Pages
<-
Part 2
Part I
1.01
1.02
Part II
2.01
2.02
Part Ill
3.01
3.02 3.03
3.04
3.05
3.04
_-
SUPPLEMENTAL PROVISIONS
Exterior Repaint Specifications
General
General Conditions . . . . .. . .. . .. . . . .. . , . . ... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . 64
Colors ............................................................. ...................................................... 64
Materials and Handling
Materials .............................................................................................................. 64
Product Handling ..... ...................................... ...................................................... 64
Execution Scheduling of Work ....................................... ...................................................... 65
Condition of Surfaces .... , . ... , . .... .. ..... . . .. ... . ..... . . .... . . .... . . ..... . , .... , .... . .. .... . . ..... . .... . . .... 65
Workmanship ....................................................................................................... 65 Surface Preparation.. . . .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . . .. . . . ... . . . . .. . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Clean Up ........................................................ ...................................................... 67
Paint Finish Schedule ......... ....... . ..... . , ..... . ..... . ..... . ..... . . .... .. .. .. . . .... .. ..... . ..... . . .... . ..... 67
4- kg Revised 10/08/03 Contract No. FAC 04-05 Page 4 of 72Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO pm on April 13, 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: Exterior Painting of Senior Center, provide all
materials and labor to prepare and paint the exterior of the Carlsbad Senior Center located at 799
Pine Avenue Carlsbad, CA 92008. Scope of work includes repair of stucco after cleaning of building
and prior to painting.
CONTRACT NO. FAC04-05
EXTERIOR PAINTING OF SENIOR CENTER
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 General Services Department. The specifications
for the work include the Standard Specifications for Public Works Construction, 2003 Edition, and the
2004 supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (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 $100,000
per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
*c
a Revised 10/08/03 Contract No. FAC 04-05 Page 5 Of 72Pages
I- 1. Contractor's Proposal 2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may
be omitted at the time of bid submittal but shall
be provided by the Bidder prior to award of this
contract. 1O.Bidder' s Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
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
$45,000.00.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal 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: CLASSIFICATIONS FOR
CONTRACTORS ARE: B General Building or C33 Painting and Decorating. -
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 $ 35.00 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 herein before 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.
r"' The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
a Revised 10/08/03 Contract No. FAC 04-05 Page 6 of 72Pages
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 MANDATORY pre-bid meeting and tour of the project site will be held at 799 Pine Avenue on March 24, 2004 at 8:30 AM.
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. I
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted
and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements. -
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
44i b Revised 10/08/03 Contract No. FAC 04-05 Page 7 of 72Pages
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
ISABELLE PAULSEN, CMC
Deputy Clerk
February 26,2004
Revised 10/08/03 Contract No. FAC 04-05 Page 8 of 72Pages
L 4
I City of Carlsbad
March 25,2004
ADDENDUM NO. 1
RE: EXTERIOR PAINTING OF SENIOR CENTER, CONTRACT NO. FACO4-05
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum-receipt acknowledged-must be attached to your Request for Bid when
your bid is submitted.
KEVIN DAVIS
Buyer
KD:dli
Attach men t
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
March 24, 2004
TO: Kevin Davis, Buyer
FROM: Public Works Supervisor, Contracts and Agreements
FAC 04-05 EXTERIOR PAINTING OF SENIOR CENTER
Please prepare Addendum #01 to the contract covering the following issues:
1. Painting and stucco repairs include the detached curved block monument wall
located on the north side of the building and the detached storage building
located on the southeast corner of the property.
2. Delete painting anodized aluminum trim including window frames, sills,
doorframes, flashing and trim etc. The Contractor shall clean these items with
mineral spirits and shall call the project inspector for inspection of these items
after completing the cleaning process. . All other metal items must be prepared
and painted in accordance with the project specifications.
3. Contractor storage space is available in the west parking lot at the extreme
southwest corner of the lot. The Contractor may utilize locked commercial
storage containers. Open storage in not permitted.
4. Contractor may close the first row of parking stalls adjacent to the building to
perform spraying operations. 24 hour notice to the Project Manager, and 24
hour notices posting of the pending closure of the parking lot must be performed.
5. Painting Specifications, Part 1. General, Subsection 1.01 A General Conditions
shall be changed to read: The Painting Contractor shall provide all paints,
labor, tools, and supplies to perform a complete repaint of all exterior
surfaces of the above project, including metal preparation and painting as
detailed in Section 3.04.
..a ...
... ...
... ...
... ...
Addendum #1 PKS 04-05
r^ 6. Painting Specifications, Part 11 I. Execution, Subsection 3.04 U Surface
Preparation shall be changed to read: Metal: Clean surfaces from dirt,
contaminants, oxidation, or rust by high-pressure washing, if applicable.
Alternate methods may be required, but not limited to: hand/power tools
scraping, sanding or wire brushing as necessary. Scrape and sand
smooth all areas to receive finish. Sanding all remaining paint to a
feathered edge. Note: Spot prime all bare metal immediately upon
completion of surface preparation in accordance with the
specifications A., B. and C, below. Glossy surfaces must be dulled
prior to primermnish coats unless ofhenvise noted. Note: Some areas
show contamination, which will require additional preparation.
.-
A. Tightly adhered rust that cannot be removed
must be treated with a coat IC1 Devoe Coating
#I67 PrePrime, or approved equal. This is needed
to insure maximum adhesion of primerfinish coats.
Follow manufacturer directions.
B. Prime Ferrous and Non-Ferrous metal with IC1
Devoe Coatings MI60 Devguard Primer, or
approved equal. However, Non-Ferrous metal may
be primed with adjacent Acrylic primers.
C. Previously enameled surfaces showing moderate to
sever oxidation will need to be cleaned using IC1
Devoe Devprep 88, or approved equal, remove all
contaminants. Note: When using IC1 Devoe
Devprep 88 it is important to thoroughly rinse
and dry surfaces prior to further applications of
primer andlor paint. Follow manufacturer
directions.
DALE A. SCHUCK
Public Works Supervisor, Contracts and Agreements
C: Deputy Public Works Director Senior Building Maintenance Worker File
Addendum #1 PKS 04-05
CITY OF CARLSBAD
CONTRACT NO. FAC 04-05
EXTERIOR PAINTING OF SENIOR CENTER
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. FAC 04-05 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:
I
Item - No. Descrbtion
SCHEDULE “A”
Approximate
Quantity and Unit
A-I Prepare and patch all stucco LS
surfaces of the Carlsbad
Senior Center in accordance
with the Contract Documents.
.Fl,yypO0 Dollars (Lump Sum)
A-2 Prepare and paint all surfaces LS
of the Carlsbad Senior Center in accordance with the
Contract Documents.
$ a?, 03 Dolars‘(Lump Sum)
Unit - Price Total
$ I,U YO. OD
e= kg Revised 10/08/03 Contract No. FAC 04-05 Page 9 of 72Pages
- ____-- -- -I_-
Item - No. Description
Approximate
Quantity Unit
and Unit Price Total
in words for Schedule "A: I"1s6oAa se\tr*l.k%*L42.
Total amount of bid in numbers for Schedule "A: $ 30, 7 Ya. 00 '01- E,;Z~, \J'iTNESSCi) AND RECORDED:
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). I hadhave been receivmad idare in
proposal.
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 737.3Lh , classification C A-3 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 3 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 Q 201 04.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contrbct 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 c.LSL-- '5
Cashier's Check) for ten percent (10%) of the amount bid.
* (Cash, Certified Check, Bond or
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
e= ts Revised 10/08/03 Contract No. FAC 04-05 Page 10 of 72Pages
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business 391 ott- 4~t-
&-by O*X
\
(Street and Number) City andstate v\ ShL +- c 4
8
(4) ZipCode ?do %3 Telephone No. 360- TSS- \137
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) E-Mail
4- \# Revised 10/08/03 Contract No. FAC 04-05 Page 11 of 72Pages
-~ ~- ~ ___
License Detail Page 1 of 2
Contractor License # 73431 6
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Beforc
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: 07/30/2004
* * * Business Information * * *
JACKPOT PAINTING CONTRACTORS INC
391 OLIVEAVE
VISTA, CA 92083 Business Phone Number: (760) 758-1 139
Entity: Corporation
Issue Date: 03/31/1997 Expire Date: 03/31/2005
* * * License Status * * *
rhis license is current and active. All information below should be reviewed.
* * * Classifications * * *
ICIass I Description I
E33- ~[PAlNTlNG AND DECORATING I
* * * Bonding Information * * *
$10,000 with the bonding company
WESTERN SURETY COMPANY.
CONTRACTOR'S BOND: This license filed Contractor's Bond number 14549665 in the an
7/30/2004
License Detail Page 2 of 2
License Number RequesJ
~~~ Effective Date: 01/30/2004
Contractor Name Request Personnel Name Request
Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) PA
JOHN MC CAULEY certified that he/she owns 10 percent or more of the voting stock/equi
corporation. A bond of qualifying individual is not required.
Effective Date: 03/31/1997
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION tNSURANCE FUND
Policy Number: 170841 8 Effective Date: 11/03/2002 Expire Date: 10/01/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other lice1
Salesperson Request Salesperson Name Request
Q 2004 State of California. Conditions of Use
http://wwwZ.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 7/30/2004
Personnel List Page 1 of 1
Contractor License ## 73431 6
Click on the person's name to see a more detailed page of information on that person.
' 09/04/2000
I__-
[PAUL ANTHONY GARCIA OFFICER ! 03/31/1997 -. i ~
I 1 ' OFFICER 1 05/29/2001 I WILLIAM JOSEPH MC
CAULEY
- License Number Request Contractor Name Request Personnel Name Rem
Salesperson Request Salesperson Name Request
0 2004 State of California. Conditions of Use
http://www 2. c slb . c a. gov/CSLB-LIBR ARY/Personnel+Li s t . asp?LicNum=7 343 1 6 7/30/2004
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
(Title) \'
Impress Corporate Seal here (d4 1
(3) Incorporated under the laws of the State of c k
(4) Place of Business 3 91 0 \I-- A*
(Street and Number) City and State gkS+L! c A
(6) E-Mail
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:
(5) Zip Code 9 06-7 Telephone No. 760-7s ~j\3
Revised 10/08/03 Contract No. FAC 04-05 Page 12 of 72Pages
ALL-PURPOSE ACKNOWLEDGMENT
State of California - I
On 8- b- O~J before me, UQ\> 9
(NOTARY) (DATE1
ISIGNER(Sj
personally appeared P&dC k Carl9
personally known to me - OR - [7 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
OPTIONAC INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE@)
0 PARTNER(S) 0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER:
DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
RIGHT THUMBPRINT
OF
SIGNER
4PA 5/99 VALLEY-SIERRA, 800-362-3369
I BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 04-05
EXTERIOR PAINTING OF SENIOR CENTER
(NOTE: The following form shall be used if check accompanies bid.)
c
_- .
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
dollars ($ 3 0 \1, a# >I
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
--
e-
--
..-
.-
_-
*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 (10%) of the total amount of the bid.)
4- ts Revised 10/08/03 Contract No. FAC 04-05 Page 13 of 72Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 04-05
EXTERIOR PAINTING OF SENIOR CENTER
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and I
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) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for: CONTRACT NO. 04-05 EXTERIOR PAINTING OF SENIOR CENTER
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; othewise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... - ... ...
...
... ...
...
... ... ... ... ...
... ... ... ... ...
...
...
... ... ...
% *- r,# Revised 10/08/03 Contract No. FAC 04-05 Page 14 of 72Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of 120-.
PRI NC I PAL:
Executed by SURETY this day (name of Principal) of ,20 * By:
(sign here) SURETY:
(print name here)
(name of Surety)
(Title and Organization of Signatory)
(address of Surety)
By:
(sign here)
(telephone number of Surety)
(print name here) By:
(signature of Attorney-in-Fact)
(title and organization of signatory)
I
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
4- tS Revised 10/08/03 Contract No. FAC 04-05 Page 15 of 72Pages
GUIDE f OR 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 othewise to be preformed by forces other
than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to Drovide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item. .
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
- Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
e= r,s Revised 10/08/03 Contract No. FAC 04-05 Page 16 of 72Pages
I
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.
A
e= gs Revised 10/08/03 Contract No. FAC 04-05 Page 17 of 72Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
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 ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Location of Business Work by
Subcontractor
in Dollars*
--
I-
- Subcontractor's License No.*
Page of pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
a Revised 10/08/03 Contract No. FAC 04-05 Page 18 of 72Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
EXTERIOR PAINTING OF SENIOR CENTER
CONTRACT NO. PKS 04-05
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
--
Revised 10/08/03 Contract No. FAC 04-05 Page 19 of 72Pages
.
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hisher responsibility, experience and skill. An attachment can be used.
Name and Address 11 Ct!Ect I ofthe Employer
Com leted pk-pGis Name and Phone No. Type of Work Amount
of Person to Contract of
Contract
80b kx,LL- 0- Q
4- %$ Revised 10/08/03 Contract No. FAC 04-05 Page 20 of 72Pages
."-
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS COMPENSATION
(To Accompany Proposal)
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
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: .
d Comprehensive General Liability
d Automobile Liability
6 Workers Compensation 0-
€3' Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
g$ Revised 10/08/03 Contract No. FAC 04-05 Page 21 of 72Pages
Policy Number: SCP0504466 Date Entered: 2/12/2004 - ,.
123 456
I ACoRD, CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE NAlC #
-- PRODUCER
ISR TYPE OF INSURANCE DWL
INTEGRITY INSURANCE SERVICES
P.O. BOX 880
WINTERHAVEN, CA 92283
(866) 345-9768
LlhlTS POLICY EFFECTIVE POUCY EXPlRATlON POLICY NUMBER DATE IWDDIWl DATE f~DpIyl
DATE (MMIDDIYYYY) I 3/8/2004
GENERAL LlABlLrrY EACH OCCURRENCE ~,1,000,000
I MR PAT J MCCAULEY INSURER B
COMMERCIAL GENERAL LIABILITY
GEN'L AGGREGATE LIMIT APPLIES PER
LOC
391 OLIVE AVENUE
VISTA, CA 92083
~ - 2/25/2004 2/25/2005 DAMAG pREMl~~~~$~~~we, $100 000 SCPO504466
MED EXP(Any one person) $ Oo0
ERSONALLADVINJURY $ lfooo~ooo
GENERAL AGGREGATE $ Oo0 f Oo0
' PRODUCTS-COMPDPAGG $ 2,000fooo
INSURER C:
INSURER 0:
AlJTO ONLY- EAACCIDENT
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
ANY AUTO OTHER THAN EAACC I $
AGG $ AUTO ONLY
AUTOMOBILE LlABNITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
EACH OCCURRENCE
AGGREGATE
COMBINED SINGLE LIMIT $ (Ea accident)
8
$
$ BODILY INJURY (Per person)
DEDUCTIBLE
RETENTION $
PROPERM DAMAGE (Per accident)
$
$
$
I
kRAGE UAlLlTY I
NORKERS COMPENSATION WD EMPLOYERS LlABLlTY
4NY PROPRI ETOWPARTNEWEXECVTIVE I 3FFICEWMEMBER EXCLUDED?
f yes, describe under SPECIAL PROVISIONS below
EL EACH ACCIDENT $
E L DISEASE - EA EMPLOYEE $
E L DISEASE - POLICY LIMIT $
EXCESSfUMBREW LIABILITY
OCCUR CLAIMS MADE
DTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEWNT I SPECIAL PROWSIONS
ZERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER BLANKET A/I FORM CG2033 (10/01)
\TTACHED AS RESPECTS TO WRITTEN CONTRACT. 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM
I
CANCELLATION CERTl FlCATE HOLDER
CITY OF CARLSBAD
405 OAK AVENUE
CAFUSBAD, CA 92006
__
L I ACORD 25 (2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO WL 30 DAYS WRITTEN
NOTICE TO THE CERTIFKATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES. K/' AUTHORIZED REPRESENTATIVE
c. /,,e-
>- @ ACORD CORPORATION 1988
/'
CoAlUERClALGENERALUABluN
cG20a31001
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N e> CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
COMPENSATION _- INSURANCE
DECEMBER 2, 2003 GROUP: POLICY NUMBER: 1708418-2003 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 11 - 03 -2004
11-03-2003/11-03-2004
CITY OF CARLSBAD
405 OAK AVE CARLSBAD CA 92008
This is to certify that we have issued a valid Worker‘s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
-
AUTHORIZED REPRESENTATIVE
A& e.&
PRESIDENT
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
PATRICK MCCAULEY, P,S T - EXCLUDED
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 11-03-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 11-03-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
JACKPOT PAINTING CONTRACTORS, INC
391 OLIVE AVE VISTA CA 92083
SClF 10262E IEPF-UI: RRCl
Mar 09 04 10:37a INTEGRITY ONLINEINSURRNCE 18663459769
Mor OH 2004 3:48PM HP LRSERJET 3330
..
P-2 p. ii
.-
I
Mar 09 04 10:37a INTEGRITY ONCINEINSURRNCE 18663459769
Hhr 08 2004 3:48PH HP LFlSERJET 3330
I
I ISSUE DATE
- i CERTIFICATE OF INSURANCE 07nsnoo4
PRODUCER Qr!# 4451 ITHIS CERTIFtCAIE IS ISSUED AS A MATTrR OF WFWnON ONLY WD CONFERS NO R!WS UPON THE CERTIFICATE HOLDER. THIS CRTTlFlWTE
DOES NOT MAEND, WEND OR ALTER THE COVERAW AfFORDfD BY THE POLICIES BELOW.
REINHARM WSURANCE - P.O. Box 23148 ENCINITAS. CA QZO23-1459 (760) wB01 FAX (780) 003-7403 --I___ -_ COMPANIES AFFORDING COVERAGE
(A --
COWANY WREO
8 MERCURYINSURANCECO JACKPOT PAINTING
P
c I
1 L
--
ti [ CERTIFICATE HOLER CAMCEUATION
CITY OF CAFUSBAD
cARLsBAD,cA gxK)8
I 405OAKAVENUE
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
Yes
2) If yes, what washnrere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency ~~ agency
- period of debarment period of debarment
BY CONTRACTOR:
By:
YRg5r&d
(print name/title)
Page of pages of this Re Debarment form
4% %@ Revised 10/08/03 Contract No. FAC 04-05 Page 22 of 72Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
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?
Has the suspension or revocation of your contractors license ever been stayed?
L Yes no
Have any&contractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
Has the suspension or revocation of the license of anysubcontractog‘s
pelform any portion of the Work ever been stayed?
that you propose to
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 of pages of this Disclosure of Discipline form
ew r,s Revised 10/08/03 Contract No. FAC 04-05 Page 23 of 72Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(sign'here) I
(priht name/titIe) _-
Page of pages of this Disclosure of Discipline form
em
Revised 10/08/03 Contract No. FAC 04-05 Page 24 of 72Pages
_I -
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. PKS 04-05
EXTERIOR PAINTING OF SENIOR CENTER
State of California 1
County of )
) ss.
, being first duly sworn, deposes
(N&e of Bidder) 1
and says that he or she is
(Title)
of
?Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
Subscribed and sworn to before me on the (2, dayof .@!i'I ,20 69!.
.-
(NOTARY SEAL)
Qignature of Notary
San Diego Counly MyComrn. Expes Mq 15, a004
e= %@ Revised 10/08/03 Contract No. FAC 04-05 Page 25 of 72Pages
CONTRACT
PUBLIC WORKS
This agreement is made this / dd day of ,20& by and between the City of Carlsbad, California, a muni oration, (hereinafter called "City"),
and JACKPOT PAINTING whose principal place of business
is 391 OLIVE AVENUE, VISTA CA 92083
(hereinafter called "Contractor").
City and Contractor agree as follows:
1.
for: EXTERIOR PAINTING OFCARLSBAD SENIOR CENTER, FAC 04-05, 12/23/03.
Description of Work. Contractor shall perform all work specified in the Contract documents
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplements thereto, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each
month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
Revised 10/08/03 Contract No. FAC 04-05 Page 26 of 72Pages
conditions and has not relied on information furnished by City. _-
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
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.
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
4- t4 Revised 10/08/03 Contract No. FAC 04-05 Page 27 of 72Pages
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.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
-
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(6) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
- contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
e- t@ Revised 10/08/03 Contract No. FAC 04-05 Page 28 of 72Pages
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
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 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
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.
e% % Revised 10/08/03 Contract No. FAC 04-05 Page 29 of 72Pages
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
*-
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
QJN, init I\, init I have read and understand all provisions of Section I1 above.
California.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions' of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACH ED
em %# Revised 10/08/03 Contract No. FAC 04-05 Page 30 of 72Pages
*- (CORPORATE SEAL)
CONTRACTOR: CIT &QjT &\kk< the
By:
By:
(sign here)
(print name and title)
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
c
em \# Revised 10/08/03 Contract No. FAC 04-05 Page 31 of 72Pages .
JACKPOT PAINTING CONTRACTORS, INC.
391 Olive Ave.
VISTA, CA 92083 Lid7343 16
760-758-1 139
760-758-9621 FAX
August 6,2003
Dale Schuck
Public Works Supemisor
City of Carlsbad Public Works
405 Oak Ave
Cdsbad, CA 92008-3009
Mr Schuck:
As per ARTICLES OF INCORPORATION filed in the office of the Secretary of State of the State of California
July 1, 1996, Jackpot Painting Contractors, Inc. is a corporation.
Patrick McCauley to sign legal documents in their behalf for the corporation.
The below signed officers have authorized
A
William McCauley Vice Presid t /B
} ss. 0 State of California
County of sab 1-i~
vpersonally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY’S SIGNAWRE v OPTIONAL IMORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE@)
PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR 0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONCS) OR ENTITYCIES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
Qond No. 69754209
LABOR AND MATERIALS BOND
- WHEREAS. the City Council of the City of Carlsbad, State of California, by Resolution No.
==- adopted . has awarQed to
(hereinafter designated as the “Principal”), a Contract for: EXTERIOR PAINTING OF SENIOR
Jackpot Painting Contractors, Inc.
CENTER. FAC 04-05.
in the C~ty of Carlsbad, In strict conformity with the drawings and specifications, and other Contract Documents now on file in the OMce of the City Clerk of the City of Cadsbad 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 band, 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 willpay the same to the extent hereinafter set forth.
NOW, THEREFORE. WE. as Principal, (hereinafter designated 89 the “Contractof‘), and WESTERN S-
Oollars (% 30.742.00
Jackpot Painting-Cpntractors, Inc. I
as surety, are held firmly bound unto the Ctty of Carlsbad in the sum of THIRTY THOUSAND, SEVEN HUNDRED FORTY-TWO E 00/100
said sum being an amount equal to: One hundred percent (lOOV4 of the total amount payable tlndef
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, join* and severally, finnty by these presents.
THE CONDITION OF THE 08LIGATION IS SUCH that if the Contractor or hisher subcontractors fail to pay for any materials. provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the qork contracted to be done, or for any other work or labor thereon oft any kind,
consistent wlth 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, of 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 subconuactors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also. in case suit is brought upon the bond, reasonable attorney’s fees, to be fixed by the court consistent with California Civil Code Section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons of their assigns In any suit brought upon thO
bond.
-------_--”-------_^-----------------------------------
)t
-
Surety stipulates and agrees that no change, extendon of time, alteration or additton to the terms of
the Contract, or to the work to be performed thereunder or the specifcations 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.
In the even! that Contractor is an individual, it is agreed that the death of any such Contractar shall not exonerate the Surety from its obligations under this bond.
:e a %# Revised 103 Contract No. FAC 04-05 Page 32 of 72Pages
.I
Executed by CONTRACTOR thk Executed by SURETY this 26th day
,---- . dayof ,20-*
CONTRACTOR:
JACKPOT PAINTING CONTRACJDRS, INC.
By: bG?2fQ-\ a ~
n (print name here1 U ./ pFCs.$2;1
(title and organization 01 signatory)
(sign- here) By:
or July 3 20-. 04
SURETY:
WESTERN SUF3IY COMPANY
101 S. Phi ips Ave.
Sioux Falls, SD 57104-6703
Bme of Surety)
(address of Surety)
605-336-0850
By. 4 Surety)
: (signature of A orney-in-Fact)
S.Arp,hI
(printed name of Attomay-in-Fact)
(attach corporate resokdlon showing cwurterik power
(print name here) of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be atlached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs. the corporation must attach a reoofution certiied by the secretary or assistant secretary under coporale seal empowering that officer to bind the corporation)
- APPROVE0 AS TO FORM:
RONALD R. BALL b
Oeputy city Attorney \
ACKNOWLEDGMENT OF SURETY (Corporate Omcer)
day of Julv , 2004, before me, a Notary Public in
I- STATE OF SOUTH DAKOTA
County of Minnehaha
On this 26th I
and for said County, personally appeared LI.Alp,Mt&?c.
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affured my official seal the day and year last above
written. c\
S. ElCH My Commission Expires 2-12-2009
My commiesion expires I Notary Public -
Form 103-12-98
Wegern Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
B. Arp of Sioux Falls
State of South Dakota , its regularly elected Assistant Secretary
as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
loss or damage caused by the misconduct of their employees; official, bail, and surety and
in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
or extend any bond or document executed for this Company, and to compromise and settle any and all claims or
further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
icies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
y by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
rs may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
all have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
inst said Company.
-
InWitnessWhereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vice President with the corporate seal affixed this 26th - day of July
2004
ATTEST OMPANY
BY Assistant Secretary
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
On this 26th dayof July ~~, 2004 , before me, a Notary Public, personally appeared
- -~ Paul T. Bruflat and A. Vietor
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation. +sssssssssssssssss~*sssss+
NOTARY PUBLIC
SOUTH DAKOTA
+ssssssssssss4ssssssssss+
My Commission Expires November 30,2006
c D. KRELL 0 d d -
c
Notary Public
Form 672-4-2002
ALL-PURPOSE ACKNOWLEDGMENT
State of California I
beforeme, 3
(DATE) (NOTARY)
personally appeared
personally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL4NFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 0
0
0
0
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER( S)
ATTORNEY-IN-FACT
TRUSTEE@)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(1ES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
Bond No. 69754209
I
FAITHFUL PERFORMANCWARRANTY BOND
WHEREAS. the City Council of the City of Carfsbad, State of California, by Resolution No. , adopted , has awarded to Jackpot Paintins Contractorsl Inc. , (hereinafter
desfgnated as mrincipal”). a Contract lor: EXTERIOR PAINTING OF SENIOR CENTER, FAC 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 Caclsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, -Jackpot Painting Contractors, Inc.
(hereinafter designated as the ”Contractor”), and
in the sum of
, as Principal. -- WESlXRN SURETY Cm ,e3 Surety, are held end firmly bound unto the City of Cerlsbad, THTRTY THOUSAND. SEVEN HUNORED FORTY-TWO E 001100
Dollars (S 30.742.00 --_-___-_--------------------------------------------- h 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 ZrirCy to be
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, joinUy and severally, firmly by these presents,
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, tho;!: hein,
executors, admjnistrators, successofs 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 petformed 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 Carisbad, its officers, employees and agents, as.therein stipulated, then this obligation shall become nulf and void; othemise it shall remain in full larce and
effect. 5
As a part of the obligation secured hereby and in addition to the face amount specified therefoft there shall be included costs and reasonable expenses and fees, including reasonable attorney‘s fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and tnclk9ded in any judgment rendered.
Surety stipulates and agrees thet 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 affecl its obtigations on this bond, and it does hereby waive notice of any change, eMension of time. alterations or addition to the terms ot the contract or to the work or to the specifications.
I. e \# Revised t OIOBJ03 Contract Na. FAC 04435 Page 34 of 72Peges
,c-
In the event that Contractor is an individual, it is agreed that the death of any such Contraqlor shall not exonerate the Surety from its obflggations under this bond.
Executed by CONTRACTOR this Executed by SURETY this 26th day of
day of ,20-. July 2024
CONTRACTOR: SURETY:
JACKPOT PAINTING CONTRACTORS, INC. WESTERN SURETY COMPANY
(name of Contractor) barns of Surety) _.
101 S. Phillips Ave.
Sioux Falls, SD 57104-6703
. {address of Surety)
8y: (sign here)
605-336-0850
(print name here) \ (telephone number of Surety)
(Title and Organization of Signatory)
By: 8. Arp, A#'t 8ec.
(printed name of Attorney-in-Fact) (sign here)
(print name here)
(Title and Organization of signatory)
(Attach corporate resolution showing Current power of attorney.)
t -
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vicepresident and secretary or assistant secretary must sign for corporations, lf only
one officer signs, the carpparation must attach a resototion certified by the secret;ary or askitant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL Cizy Atfomey
ACKNOWLEDGMENT OF SURETY (Corporate Officer)
day of July 2004 , before me, a Notary Public in
STATE OF SOUTH DAKOTA
County of Minnehaha
26th On this
I
aArpJwtsec. and for said County, personally appeared personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY COMPANY, B corporation.duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on behalf cf said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be the voluntary act and deed of said corporation.
written. IN WITNESS WHEREOF, I have hereunto subscribed my name a official seal the day and year last above
c
Form 103-12-98
-____
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
B. Arp of Sioux Falls
State of South Dakota , its regularly elected Assistant Secretary
as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
ng employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
or extend any bond or document executed for this Company, and to compromise and settle any and all claims or
further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
in force, to-wit:
icies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
y by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
rs may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
inst said Company.
--
InWitnessWhereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vicepresident with the corporate seal affixed this 26th day of Jul v
2004
ATTEST OMPANY . BY Assistant Secretary
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA
On this 26th day of July 2004 , before me, a Notary Public, personally appeared
Paul T. Bruflat and A. Vietor
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President ._
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
+ssrrsss*sssss*ssssssssss+
3 - NOTARY PUBLIC
S D. KRELL S S S
i@S3UTH DAKOTA S
-
J
+ssss*scsrsrs4ssssssssss+ I Notary Public My Commission Expires November 30,2006
FOm 672-4-2002
ALL-PURPOSE ACKNOWLEDGMENT
} ss. State of California
County of ~h- Q rw
c
doh-' a\- ,
(NOTARY) before me, (DATE)
On
personally appeared
personally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
c - NOTAR= ATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 ATTORNEY-IN-FACT
TITLE(S)
NUMBER OF PAGES
c] TRUSTEE(S)
0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER:
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(1ES)
RIGHT THUMBPRINT
OF
SIGNER
a e
APA 5/99 VALLEY-SIERRA, 800-362-3369
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for EXTERIOR PAINTING OF SENIOR CENTER, FAC 04-05, in the amount of dated (hereinafter referred to as the
"Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the
retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow
Agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the City and shall
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
4- %# Revised 10/08/03 Contract No. FAC 04-05 Page 36 of 72Pages
,- 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:
Signature
Address
Title
Address
For Escrow Agent:
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.
em k# Revised 10/08/03 Contract No. FAC 04-05 Page 37 of 72Pages
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
b Revised 10/08/03 Contract No. FAC 04-05 Page 38 of 72Pages
SUPPLEMENTAL PROVISIONS
FOR
EXTERIOR PAINTING OF SENIOR CENTER
CONTRACT NO. FAC-04-05
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART I, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing
of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
a Revised 10/08/03 Contract No. FAC 04-05 Page 39 of 72Pages
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hisher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
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 OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Deputy Public Works Director - The Public Works Supervisor'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.
Public Works Supervisor - the Project Inspector's immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Bldg ........................................ Building band Buildings CMWD ................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs .......................................... Cubic Feet per Second
Comm .................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
G ............................................ Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
gpm .............................. ..........g allons per minute
Apts ........................................ Apartment and Apartments
@ Revised 10/08/03 Contract No. FAC 04-05 Page 40 of 72Pages
IE ............................................ Invert Elevation
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
LCWD .................................... Leucadia County Water District
MTBM .................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ....................................... Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW. ..................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ........................................... ..Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VWD ...................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor’s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (10) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor ,and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($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 performanceiwarranty 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
a Revised 10/08/03 Contract No. FAC 04-05 Page 41 of 72Pages
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 supplements thereto,
hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the
Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions
section of this contract.
The construction plans consist of (No plans are included in this project). The standard drawings
used for this project are the latest edition of the San Diego Area Regional Standard Drawings,
hereinafter designated SDRS, as issued by the San Diego County Department of Public Works,
together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings,
hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal
Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad
Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an
appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be the
most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law. 2) Supplemental Provisions.
3) Plans.
4) 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. 5) 6) Reference Specifications.
7) 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.
Revised 10/08/03 Contract No. FAC 04-05 Page 42 of 72Pages
I 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:
Project title and Agency contract number.
Number of complete sets.
Contractor's certification statement.
Specification section number(@ pertaining to material submitted for review.
Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
Description of the contents of the submittal.
Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
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 (IO) 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.
2-10 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 and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The Engineer
shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance
a Revised 10/08/03 Contract No. FAC 04-05 Page 43 of 72Pages
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.
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
Work by Contractor. The following percentages shall be added to the Contractor‘s costs and
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Other Items and Expenditures .. 15
(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 a Revised 10/08/03 Contract No. FAC 04-05 Page 44 of 72Pages
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph thr-s, delete paragraph five (5), -nd add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written
notice of potential claim for changed conditions to the agency upon their discovery and before they
are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
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
e Revised 10/08/03 Contract No. FAC 04-05 Page 45 of 72Pages
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. Public Works Supervisor
3. Deputy Public Works Director
4. Public Works Director
5. City Manager '
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (commencing with Section
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1 , 1991.
201 04.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and inciude 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
Revised 10/08/03 Contract No. FAC 04-05 Page 46 of 72Pages
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter I (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. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
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 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) 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
Revised 10/08/03 Contract No. FAC 04-05 Page 47 of 72Pages
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 .IO) 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 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and 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
Revised 10/08/03 Contract No. FAC 04-05 Page 48 of 72Pages
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@) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
rlR. %# Revised 10/08/03 Contract No. FAC 04-05 Page 49 of 72Pages
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.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 30 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 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the
notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 TimeScaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chart, As a part of the Baseline Construction Schedule the Contractor shall prepare and
submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks
a Revised 10/08/03 Contract No. FAC 04-05 Page 50 of 72Pages
on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Add the following section:
6-1 2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it.
Add the following section:
6-1 2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1 2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than
the specified contract duration will not be acceptable and will be grounds for determination of default
by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
e Revised 10/08/03 Contract No. FAC 04-05 Page 51 of 72Pages
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.
Add the following section:
6-1.2.1 0.1 “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:
6-1.2.1 0.2 “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:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in later
updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/2(1) high density diskette,
labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would
impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
# Revised 10/08/03 Contract No. FAC 04-05 Page 52 of 72Pages
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for
the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or
contractually required milestone date later than the properly adjusted contract or milestone duration,
the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent
“Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the
previously held Liquidated Damages shall be released in the monthly payment to the Contractor
immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially
different from that depicted in the Project Schedule, independently of and prior to the next monthly
update, the Contractor will submit a revised Baseline Construction Schedule, with a list and
explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
a Revised 10/08/03 Contract No. FAC 04-05 Page 53 of 72Pages
~~~
provisions. As used in this subsection “substantially different“ means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-
1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update
is required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-1 .I 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 detailed in this
Contract and as noted in the Special Provisions and Technical Specifications. The work includes
preparing the building for painting, patching stucco, painting the building and cleanup of overspray
from all surfaces.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for 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@) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 45 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
a Revised 10/08/03 Contract No. FAC 04-05 Page 54 of 72Pages
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work. The Engineer may approve
work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The
Engineer will not accept the Work or any portion of the Work before all of the Work is completed and
all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or
portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the
Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the
office of the San Diego County Recorder. The date of recordation shall be the date of completion of
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (I) 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 yearwarranty 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 Two Hundred and Fifty Dollars ($250.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that Two
Hundred and Fifty Dollars ($250.00) per day is the minimum value of costs and actual damages
caused by the Contractor to complete the Work within the allotted time. Any progress payments
made after the specified completion date shall not constitute a waiver of this paragraph or of any
damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best‘s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
@ Revised 10/08/03 Contract No. FAC 04-05 Page 55 of 72Pages
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 forall permits for the disposal of all materials removed from the
permit(s) shall be included in the price bid for the appropriate bid
compensation will be allowed therefor.
project. The cost of said
item and no additional
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.
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-DWQ 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
b Revised 10/08/03 Contract No. FAC 04-05 Page 56 of 72Pages
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
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 andlor 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 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-10.3 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) 438-1161 X-4411
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937 .
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-11 61 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.
3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97
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
@ Revised 10/08/03 Contract No. FAC 04-05 Page 57 of 72Pages
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division 1 ,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
cones rather than post-type delineators are used during the hours of darkness, they shall be affixed
or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except
the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall not be
parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder 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:
7-1 0.3.2 Maintaining Traffic. 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,
n \# Revised 10/08/03 Contract No. FAC 04-05 Page 58 of 72Pages
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, a minimum of one paved traffic lane, not less than (12') wide, shall be
open for use by public traffic in each direction of travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic
lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
"Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
a Revised 10/08/03 Contract No. FAC 04-05 Page 59 of 72Pages
Add the following section:
7-10.3.6 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", 1996 Edition as published by the State of California Department of Transportation.
Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered
professional engineer appropriately registered in the State of California. The Engineer shall be the
sole judge of the suitability and quality of any such modifications, supplements, and/or new designs
to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the
TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to
the TCP prepared by the registered professional engineer retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new
design shall not be implemented and no work shall be commenced that is contingent on such
approval until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the
Agency in any fashion. Submittal and review requirements for such modifications, supplements,
and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and
Sub m itta Is.
Add the following section:
7-1 0.3.7 Payment.
Add the following section:
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation will be allowed therefor.
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
@% E* Revised 10/08/03 Contract No. FAC 04-05 Page 60 of 72Pages
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 8 -- FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. Add the following: A field office will not be required for Agency
personnel.
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”
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 (IO)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of
the supplemental payment request, the Engineer shall, as soon as practicable 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 685.010 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
Revised 10/08/03 Contract No. FAC 04-05 Page 61 of 72Pages
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be 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
included in the various items of work and no other payment will be made.
a Revised 10/08/03 Contract No. FAC 04-05 Page 62 of 72Pages
SUPPLEMENTAL PROVISIONS
Exterior Re-Paint Specification
For
PKS 04-05
EXTERIOR PAINTING OF SENIOR
CENTER
Association or Job Name:
Address :
City, State, Zip:
Scope of Work:
SENIOR CENTER
799 PINE AVENUE
CARLSBAD, CA
Substrate 1 :STUCCO
Substrate 2:METAL
@ Revised 10/08/03 Contract No. FAC 04-05 Page 63 of 72Pages
i
Painting Specifications
Part I. General
I .01 General Conditions
A. The Painting Contractor shall provide all paints, labor, tools, and supplies to perform
a complete repaint of all exterior surfaces of the above project, except as noted in
Section 3.04.
B. The Painting Contractor shall cooperate with the City of Carlsbad's authorized repre-
sentative in every way, which shall include conducting the work at a time as agreed
upon.
C. Damage to existing property, of any nature, caused by the Painting Contractor shall
be repaired to the satisfaction of the City of Carlsbad's authorized representative at
the Painting Contractor's expense.
1.02 Colors
A.
B.
The City of Carlsbad's authorized representative will provide Color Selections.
The City of Carlsbad's authorized representative must approve colors prior to
application.
*"COLOR SCHEME TO REMAIN EXISTING COLORS****
Part II. Materials and Handling
2.01 Materials
A. Materials shall be pure, unadulterated, first quality and shall be delivered to the
project in original unbroken packages bearing the makers name and brand num-
ber. Material shall be from Sinclair, Devoe, IC1 Dulux Paints or approved
equal.
Material shall comply with all current requirements of the Environmental Agency,
the appropriate Air Pollution Control District, and all other local, state, or Federal
agencies.
B.
@ Revised 10/08/03 Contract No. FAC 04-05 Page 64 of 72Pages
2.02 Product Handling
I A. Paint mixing and thinning if necessary shall be according to the manufacturer’s
instruction.
1. Any mixing required shall be done in the specified work and storage area.
All mixing and/or thinning material such as paint thinners, tools, rags, and
partially filled containers shall be returned to the storage area at the com-
pletion of each day’s work.
B. Material shall be stacked no more than three-high in five-gallon containers and
put in a categorized area.
Part Ill. Execution
3.01 Scheduling of Work
A. Painting Contractor shall coordinate the commencement of all work with the City
of Carlsbad’s authorized representative so as not to cause inconvenience to the
residents.
Painting Contractor shall post notices in conspicuous places, at least three to five
days in advance warning residents what date work will begin.
B.
3.02 Condition of Surfaces
A. Closely examine all surfaces. Any surfaces that are in question or that will affect
the execution or quality of work must be brought to the attention of the property
representative before painting commences.
1. Thoroughly examine the specification at the site, in similar conditions under
which work will be performed, before submitting a proposal. Clarify any ques-
tions or conditions with the City of Carisbad’s authorized representative.
2. No allowance for lack of knowledge of obvious existing conditions will be
made after bids have been accepted.
3.03 Workmanship
A. B.
C.
Provide best quality workmanship performed by skilled mechanics.
Perform work under conditions best suited to the production of acceptable work.
All work will be subject to approval by the City of Carlsbad’s authorized representative.
Correct all work, which does not comply with the intent of the specification.
Revised 10/08/03 Contract No. FAC 04-05 Page 65 of 72Pages
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q.
R.
S.
Protect all adjacent areas and surfaces from damage from misplaced paint and
preparation work. (Le. automobiles, sidewalks, asphalt, concrete, plants, patio furniture)
Protect all landscaping during the painting period.
Ensure that hardware is removed/protected before painting is started and re-
placed/uncovered when painting in that area is completed.
When surfaces to receive paint come into contact with earthen areas, trench these areas
to a depth of four inches. Thoroughly clean these surfaces from all dirt and grime.
Noise control: Coordinate with the City of Carlsbad’s authorized representative before
using noisy, motorized equipment. DO NOT apply paint in rain, fog, or mist, or when surface temperature is below 50 or
above 90 degrees Fahrenheit.
Immediately clean up all accidental spatters, spillage, and misplaced paint, and restore
the affected surface to its original condition.
Provide a clean and liability-free work area.
The Painting Contractor shall take all necessary steps to protect the public and all
property concerned.
Coats: the number of coats specified is the minimum number acceptable. If full
coverage is not obtained with the specified number of coats, apply additional number of
coats as necessary to produce the required finish.
SUBSTRATE 1 :STUCCO- MONUMENT WALL
SUBSTRATE 2:METAL- FLASHING, GATE & FENCING, BEAMS, LIGHTS, PIPES,
GUlTERS & DOWNSPOUTS, DOORS & CASINGS, VENTS,
LAMP POSTS, TRASH ENCLOSURE, METAL BOXES, WINDOW
& DOOR MULLIONS, METAL RAILINGS
City of Carlsbad’s authorized representative will coordinate to have all trimming or
removal of trees and vegetation from on or around surfaces to be painted to allow for
easy access of men and equipment.
If necessary, the removal of patio furniture, bar-b-ques, or wall hangings to be removed
by the City.
All previously painted surfaces and items not specifically listed that form a part, or are in
connection with, the indicated work, shall be painted.
SURFACES NOT TO BE PAINTED -METAL SIGN IN FRONT OF PINE AVENUE
3.04 Surface Preparation
A. Prepare surfaces in a skillful manner to produce finish work of first class appear-
ance and durability.
T. Masonry: Remove all peeling and scaling paint or coating to a sound substrate by hand
scraping, use of mechanical grinders, or use of high pressure power wash. Where
mildew is present, remove by scrubbing with a commercial mildew wash formulated for
this purpose or contractor can wash with a solution of 1 or 2 cups of household bleach
per gallon of warm water shortly before painting. Multiple coats of paint that are in an
advanced state of deterioration, and prior applications of cement based paint, must be
removed by power wash, sand blasting or by use of mechanical grinder. All structural
cracks and crevices must be filled with appropriate IC1 Decra-Flex Elastomeric
caulking and patching compounds, or approved equals. Old cracked and loose
@ Revised 10/08/03 Contract No. FAC 04-05 Page 66 of 72Pages
caulking is to be removed and replaced with IC1 Decra-Flex Elastomeric caulking
and patching compounds or approved equals. Spot Prime surfaces with IC1 #3210
Ultra Hide Gripper Primer-Sealer, or approved equal.
Metal: Clean surfaces from dirt, contaminants, oxidation, or rust by high-pressure
washing, if applicable. Alternate methods may be required, but not limited to:
hand/power tools scraping, sanding or wire brushing as necessary. Scrape and sand
smooth all areas to receive finish. Sanding all remaining paint to a feathered edge. Note:
Spot prime all bare metal immediately upon completion of surface preparation
with. Glossy surfaces must be dulled prior to primerfinish coats unless otherwise noted.
Note: Some areas show contamination, which will require additional preparation.
u.
A. Tightly adhered rust that cannot be removed must be
treated with a coat IC1 Devoe Coating #I67 PrePrime, or ap-
proved equal. This is needed to insure maximum adhesion of
primerfinish coats. Follow manufacturer directions.
B. Prime Ferrous and Non-Ferrous metal with IC1 Devoe Coatings
MI60 Devguard Primer, or approved equal. However, Non-
Ferrous metal may be primed with adjacent Acrylic primers.
c. Previously enameled surfaces showing moderate to sever oxi-
dation will need to be cleaned using IC1 Devoe Devprep 88, or
approved equal, remove all contaminants. Note: When using
IC1 Devoe Devprep 88 it is important to thoroughly rinse
and dry surfaces prior to further applications of primer
and/or paint. Follow manufacturer directions.
3.05 Clean-up
Clean-up: At completion of work each day, remove all materials, supplies, debris and rubbish
caused by Painting Contractor and leave work spaces and paint storage areas in a clean,
acceptable condition.
3.06 Paint Finish Schedule
Finish surfaces in accordance with the following procedure(s) for the surface and finish
desired. However, apply additional coats as needed for uniformity and coverage.
Product names and numbers refer to products manufactured and/or distributed by IC1
Dulux Paint Company with no substitutions. unless otherwise noted or amended in
writing. Requests to substitute materials from other manufacturers must be
submitted to the City of Carlsbad 15 davs prior to bid opening. If the Contractor
fails to submit a request to provide alternate materials in accordance with this
section, the Contractor agrees to utilize the specified products manufactured by
IC1 Dulux. The Contractor agrees that the Citv of Carlsbad will be the sole judqe of
the acceptabilitv of alternate materials.
'3 Revised 10/08/03 Contract No. FAC 04-05 Page 67 of 72Pages
EXTERIOR:
Masonry to be painted: FLAT FINISH (STUCCO, MONUMENT WALL)
Flat Finish / Acrvlic Latex
Spot Primer: IC1 #3210 Ultra Hide Gripper Primer-Sealer
Finish Coat(s): IC1 #302SW Ultra Hide Durus Cote Wood/Masonry Flat
FULL COVERAGE
Metal, Structural/Plate Steel to be painted: GLOSS (GATE & FENCING,
BEAMS, LIGHTS, DOORS & CASING, LAMP POSTS, TRASH
ENCLOSURE, METAL BOXES, WINDOW & DOOR
MULLIONS, METAL RAILINGS)
Gloss Finish / Alkyd Enamel
Spot Primer: IC1 Devoe Coatings MI60 Devguard Primer
Finish Coat(s): IC1 Devoe Coatings #4328 Devshield Urethane Gloss Finish
FULL COVERAGE
Metal, Galvanized to be painted: Match Adjacent (FLASHING, PIPES,
VENTS, GUTTERS & DOWNSPOUTS)
Match Ad i a cen t Finish
IC1 #I3210 Ultra Hide Gripper Primer-Sealer Spot Primer:
Finish Coat(s):
FULL COVERAGE
Match Adjacent Product and Finish
@ Revised 10/08/03 Contract No. FAC 04-05' Page 68 of 72Pages
Stucco Specifications
Part I. General
1.03 General Conditions
A.
B.
C.
The Painting Contractor shall provide all paints, labor, tools, and supplies to perform
stucco repair of all exterior surfaces of the above project, except as noted in Section
3.04.
The Painting Contractor shall cooperate with the City of Carlsbad's authorized repre-
sentative in every way, which shall include conducting the work at a time as agreed
upon.
Damage to existing property, of any nature, caused by the Painting Contractor shall
be repaired to the satisfaction of the City of Carlsbad's authorized representative at
the Painting Contractor's expense.
1.04 Colors
A. The City of Carlsbad's authorized representative will provide Color Selections.
B. The City of Carlsbad's authorized representative must approve colors prior to applica-
tion.
**"COLOR SCHEME TO REMAIN EXISTING COLORS****
Part II. Materials and Handling
2.03 Materials
A Materials shall be pure, unadulterated, first quality and shall be delivered to the
project in original unbroken packages bearing the makers name and brand number.
Material shall be from Expo Stucco Products or approved equal.
B. Material shall comply with all current requirements of the Environmental Agency, the
appropriate Air Pollution Control District, and all other local, state, or Federal agen-
cies.
2.04 Product Handling
A. Mixing and thinning if necessary shall be according to the manufacturer's instruction.
Revised 10/08/03 Contract No. FAC 04-05 Page 69 of 72Pages
B. Any mixing required shall be done in the specified work and storage area. All mixing
and/or thinning material such as tools, rags, and partially filled containers shall be re-
turned to the storage area at the completion of each day’s work.
Part 111. Execution
3.05 Scheduling of Work
A. Painting Contractor shall coordinate the commencement of all work with the City of
Carlsbad’s authorized representative so as not to cause inconvenience to the resi-
dents.
B. Painting Contractor shall post notices in conspicuous places, at least three to five
days in advance warning residents what date work will begin.
3.06 Condition of Surfaces
A. Closely examine all surfaces. Any surfaces that are in question or that will affect the
execution or quality of work must be brought to the attention of the property representa-
tive before stucco repair commences.
B. Thoroughly examine the specification at the site, in similar conditions under which work
will be performed, before submitting a proposal. Clarify any questions or conditions with
the City of Carlsbad’s authorized representative.
C. No allowance for lack of knowledge of obvious existing conditions will be made after bids
have been accepted.
3.07 Workmanship
A. Provide best quahty workmanship performed by skilled mechanics.
B. Perform work under conditions best suited to the production of acceptable work.
C. All work will be subject to approval by the City of Carlsbad’s authorized representative.
Correct all work, which does not comply with the intent of the specification.
D. Protect all adjacent areas and surfaces from damage from misplaced paint and
preparation work. (Le. automobiles, sidewalks, asphalt, concrete, plants, patio furniture) E. Protect all landscaping during the stucco repair period.
F. Ensure that hardware is removed/protected before stucco repair is started and
replaced/uncovered when stucco repair in that area is completed.
G. When surfaces to receive stucco repair come into contact with earthen areas, trench
these areas to a depth of four inches. Thoroughly clean these surfaces from all dirt and
grime.
using noisy, motorized equipment.
H. Noise control: Coordinate with the City of Carlsbad’s authorized representative before
a Revised 10/08/03 Contract No. FAC 04-05 Page 70 of 72Pages
I. DO NOT apply paint in rain, fog, or mist, or when surface temperature is below 50 or
above 90 degrees Fahrenheit.
J. Immediately clean up all accidental spatters, spillage, and misplaced paint, and restore
the affected surface to its original condition.
K. Provide a clean and liability-free work area.
L. The Painting Contractor shall take all necessary steps to protect the public and all
property concerned.
M. Coats: the number of coats specified is the minimum number acceptable. If full
coverage is not obtained with the specified number of coats, apply additional number of
coats as necessary to produce the required finish.
3.08 Surface Preparation
A. Remove all loose and improperly bonded stucco or coating to a sound substrate by
hand scraping, use of mechanical grinders, or use of high-pressure power wash.
8. Make sure all surfaces to receive stucco repair are clean and fee of dust, dirt, oil, grease,
moisture, marking pen or any other material which may adversely effect the proper
adhesion of stucco repair products.
C. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to the timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected. Verify that the grounds have been
set in a manner to achieve the required stucco thicknesses.
D. Fill all holes and cracks with appropriate materials before proceeding with stucco repair.
3.09 Clean-up
Clean-up: At completion of work each day, remove all materials, supplies, debris and rubbish
caused by Painting Contractor and leave work spaces and paint storage areas in a clean,
acceptable condition.
3.10 Materials
A. Finish surfaces in accordance with the following procedure@) for the surface and
finish desired. However, apply additional coats as needed for uniformity and
coverage. Product names and numbers refer to products manufactured and/or dis-
tributed by Expo Stucco Products with no substitutions, unless otherwise noted or
amended in writing. Requests to substitute materials from other manufacturers
must be submitted to the Citv of Carlsbad 15 days prior to bid opening. If the
Contractor fails to submit a request to provide alternate materials in accordance
with this section. the Contractor aqrees to utilize the specified products manu-
factured by Expo Stucco Products. The Contractor agrees that the Citv of
Carlsbad will be the sole judge of the acceptability of alternate materials.
B. Plastering materials shall conform to the applicable standards listed in CCR Title 24,
Part 2, Chapter 35.
C. Exterior plaster to be Portland Cement Plaster, minimum 5/8" thick: Comply with CCR
Title 24, Part 2, Table 24A-F.
w tg Revised 10/08/03 Contract No. FAC 04-05 Page 71 of 72Pages
‘ D. Color coat to be a mixture of Portland cement (conforming to ASTM C150), hydrated
finish lime (conforming to ASTM C206), inert aggregates, and additives blended to
provide a long lasting and durable textured color coat. Color to be selected by owner.
3.1 I Application
A. Apply each coat continuously by hand, interrupted only at control joints, openings, or
B. Apply with sufficient force and material to form a good bond.
C. Approximate thickness shall be within 1/8” tolerance over 5’ in any direction.
D. All plaster shall be furnished without excess, true to adjoining work, and without
waves, cracks, or imperfections attributed to plastering.
junctions.
a ts Revised 10/08/03 Contract No. FAC 04-05 Page 72 of 72Pages
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