HomeMy WebLinkAboutMSC International; 2003-10-24; Part 1 of 2RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2007-0781694
DEC 19, 2007 1:34 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 RY J. S MIT H CO U N T Y Fl E TO R D E R
FEES: O.OQ
PAGES:
Space above this line for Recorder's use.
PARCEL NO: 209-050-26-00
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work or improvement on the property hereinafter described was completed on September 4, 2007.
6. The name of the contractor for such work or improvement is American Contractors Indemnity
Company.
7. 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: Station 5 Storage Building and Skate
Park Restrooms, Project No. 3688.
8. The street address of said property is in the City of Carlsbad.
CITY OF CARLSBAD
Robert T. Johnsb
City Engineer ^
Jr.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Council of said City on December 11 , 20 07 . 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 December 12 . 20 07 . at Carlsbad, California.
AB19.245
Reso 2007-308 x= City Clerk
Word\Masters\Forms\Notice of Completion (City)3/9/98
TAKEOVER AGREEMENT
/"UsThis Takeover Agreement is made and entered into this /fjth day of Aprip2006,
by and between American Contractors Indemnity Company and the City of Carlsbad.
RECITALS
A. The parties to this Takeover Agreement (the "Agreement") are American
Contractors Indemnity Company ("Surety" or "ACIC") and the City of Carlsbad
("Owner" or the "City")
B. On or about July 15, 2003, Owner entered into a General Contract (the
"General Contract") with Heinz Houben dba MSC International ("Principal" or "MSC")
for the project known as Contract 3688, Station Five Storage Building and Skate Park
Restrooms (the "Project");
C. As required by the General Contract, Surety issued a Performance Bond,
number 187149, dated July 15, 2003 (the "Performance Bond"), naming MSC as
Principal, ACIC as Surety, and the City as Obligee, for the penal sum of $232,272.60;
D. By letter dated September 30, 2005, the City terminated MSC's rights
under the General Contract for various reasons, including the alleged failure of MSC to
diligently prosecute work on the Project and the alleged incompleteness of and
inaccuracies in MSC's work;
E. As of the date of Principal's termination, work remained to be performed
under the General Contract ("Remaining Work");
F. Surety has agreed to complete the Remaining Work with a completion
contractor ("Completion Contractor"), subject to the terms and conditions of this
Agreement;
G. MSC has executed a waiver of any and all claims it has or may have against
the City on the Project, except for the remaining contract balance of $91,586.63, and said
release is attached hereto as Exhibit "A" and incorporated herein for all purposes;
NOW, THEREFORE, based on the exchange of valuable consideration, the
receipt and sufficiency of which is acknowledged, and based on the Recitals set forth
above which form part of this Agreement, Surety and Owner agree to the following terms
and conditions:
TERMS AND CONDITIONS
1. Recitals. The above Recitals and the Terms and Conditions are
contractual and not merely recitals and the agreements contained herein and
consideration transferred are to satisfy rights and obligations between Owner and Surety.
2. Incorporation of the General Contract. The General Contract is
incorporated by reference into this Agreement, including the Instructions for Bidders, the
General Contract Terms and Conditions, the Plans or Drawings, and any Special
Conditions and Specifications, and all addenda and modifications to those documents
issued in accordance with the General Contract. The General Contract also includes, and
is modified by, approved Change Order Numbers 1 and 2. Moreover, the General
Contract is modified by the parties agreement on various items of work as outlined in the
attached January 9, 2006 letter from the City of Carlsbad, which is incorporated herein
for all purposes.
3. Current Estimated General Contract Amount, Percentage of Completion
and Prior Payments. Owner represents that, as of the date of this Agreement, the General
Contract balance ("Contract Balance"), is $91,586.63, of which $16,646.84 is retention.
As of the date of the execution of this Agreement, the Owner represents and warrants
that, according to the records available to it, the Contract Balance as defined herein is
accurate. Surety reserves the right to verify the accuracy of the Contract Balance.
Surety's sole remedy against Owner for breach of this representation and warranty is
reformation of the Contract Balance to the proper amount.
4. Surety to Perform the Remaining Work. Surety shall be responsible for
completion of the Remaining Work. Surety shall perform the Remaining Work through
one or more Completion Contractors ("Completion Contractor") that Surety shall engage.
The Owner acknowledges that the Surety, by its execution of this Agreement, is acting in
its capacity as the surety for MSC in making arrangements for the performance and
completion of the General Contract, and not as a completing contractor, and that the
Surety is not assuming any obligations or liabilities beyond those set forth in the
Performance Bond. All Completion Contractors shall be subject to the qualification
requirements of Owner imposed by the General Contract for those entities performing the
type of work contemplated by the General Contract.
5. Completion Contractor. No contractual relationship shall exist between
Owner and any Completion Contractor pursuant to this Agreement. Each Completion
Contractor shall provide all insurances required under the General Contract.
Additionally, the Owner acknowledges that, subject to the terms of the General Contract,
Completion Contractor is authorized to make routine day to day decisions regarding the
operation and manner of performing the Remaining Work, but does not have authority to:
(1) agree to any changes in the General Contract or Remaining Work; (2) agree to any
Change Orders; (3) agree to any back charges or deductions of any nature; (4) agree to
any schedule changes; (5) agree to any adjustments in the General Contract amount or
Remaining Work; or (6) agree to perform warranty work of Principal or corrective work
as a result of latent defect(s) in the work performed by the Principal, without Surety's
prior express written consent which shall be delivered to Owner as a condition precedent
to Completion Contractor(s) negotiating items (1) through (6). The Completion
Contractor shall commence work within five (5) business days of receiving a Notice to
Proceed from Surety.
6. Time for Performance of the Work. The Surety shall complete the
Remaining Work pursuant to this Agreement within 50 days of being provided a Notice
to Proceed, whichever date is later ("Completion Date"). The Surety is hereby granted a
non-compensatory time extension from the original completion date in the General
Contract until the Completion Date. As consideration for the non-compensatory time
extension, the Surety hereby waives any right to any claim for any damages as a result of
any delays, which may have been caused by the Owner up to and including the date of
this Agreement. As further consideration for said waiver, MSC has waived any right to
any claims for any damages as a result of any delays, which may have been caused by the
Owner up to and including the date of this Agreement, as evidenced by the attached
Release.
7. Payment of Contract Balance and Cost to Complete. Owner agrees that the
Contract Balance is dedicated to and will be applied to the completion of the General
Contract. The Owner shall pay directly to the Surety the Contract Balance, plus or minus
any additional amounts of money on account of any modifications requested and
authorized by the Owner, as work progresses. The payment of the Contract Balance to
the Surety shall be made in accordance with the terms of the General Contract as to the
time, amount and method of payment, and no payment shall be delayed by reason of any
slow down or cessation of work in connection with the takeover of the General Contract
by the Surety. The Surety agrees to spend its own funds as may be necessary from time
to time to pay for the performance of the General Contract by the Completion Contractor
in the event that the Contract Balance is insufficient, with any such payments being
credited against the penal sum of the Performance Bond.
8. Performance Bond Penal Sum Liability. Surety's performance obligations
hereunder are expressly limited to expenditure of the penal amount of the Performance
Bond. For each dollar the Surety so expends pursuant to the Performance Bond (over and
above amounts paid by Owner to Surety), Surety shall receive a corresponding dollar for
dollar reduction in the penal amount of the Performance Bond. If, out of its own funds,
Surety either expends, or is committed to expend, the full penal amount of the
Performance Bond for any one or more of the following: (1) for work completed under
the General Contract; (2) for work in progress under the General Contract; (3) for all
damages, settlements and related defenses and adjusting costs arising from claims under
the Performance Bond, then Surety shall have no further obligation of any description to
Owner arising out of, or in connection with, the Performance Bond, and Surety's
completion of the work, at Surety's option, will cease. Owner will remain obligated to
pay Surety all outstanding amounts due under the General Contract, or this Agreement,
including retention, notwithstanding the Surety ceasing work. Surety agrees to use its best
efforts to notify Owner of its intention to cease work 30 calendar days before the
exhaustion of the Performance Bond's Penal Amount. Within 30 calendar days of such
cessation of work, Surety's actual expenditures will be calculated. To the extent, and if,
Surety's actual expenditures exceed the Performance Bond's Penal Amount, Owner shall
remit such overage to Surety. All payments made by Surety previously, and those made
in the future, have been and will be credited against the penal amount of the Performance
Bond, less the amount paid to Surety under the General Contract. As of April , 2006,
Surety represents that it has expended an amount not exceeding $0.00, net of Surety's
receipt of General Contract Funds, which amount is hereby credited against the
Performance Bond's Penal Amount. Nothing in this Agreement constitutes a waiver of
the Performance Bond's Penal Amount or an increase in the liability of the Surety under
the Performance Bond. Following Surety's notice of its intention to cease work, in the
event that the Performance Bond Penal Amount is exhausted, and at Surety's sole option,
Surety may assign its contract with Completion Contractor to Owner, which assignment
Owner shall accept, subject to the Completion Contractor's ability to provide a new
Payment and Performance Bond for the completion of the Project. Upon Owner's receipt
of that assignment, Owner shall assume all of Surety's rights and obligations, against and
to, Completion Contractor, including, but not limited to paying Completion Contractor
pursuant to Surety's Contract with Completion Contractor. Surety's assignment to
Owner to its Contract with Completion Contractor shall constitute a novation whereby
Completion Contractor and its Surety are substituted for Surety. Owner agrees, and shall
defend, indemnify, and save and hold harmless Surety, from any and all claims, of any
nature, from Completion Contractor, or others arising from or related to the assignment.
9. No Offsets Against Payments to Surety. All monies due, and to become due,
pursuant to the General Contract and this Agreement, including, without limitation,
progress payments, payments for extra work or additional work orders, retention and final
payment, for work on behalf of Surety by its Completion Contractor, shall be made to
Surety unconditionally and without offset, including but not limited to, any offset for (1)
any liquidated damages claimed by the Owner; (2) claims made by the Principal's
creditors; or (3) claims made by parties claiming monies due, or that become due,
pursuant to the General Contract. In addition, to the extent legally permitted, Owner
shall not withhold payments to Surety based on a prior failure of Principal to provide
Owner with any certificates or representations required under the General Contract
understanding that Owner cannot make payments to Surety over a stop notice. Owner
agrees to accept any properly submitted stop notice release or release bond that complies
with the legal requirements imposed on cities and Owner shall not withhold or seek offset
against funds that become available for distribution to Surety upon Surety's resolution of
Stop Notices or through the issuance of Stop Notice Release Bonds. All payments shall
be made directly to Surety by check payable to Surety, at the address stated in paragraph
14 of this Agreement.
10. Owner's Obligations Under the General Contract. Except to the extent
provided in this Agreement, Owner shall have all rights, obligations and responsibilities
under the General Contract with respect to the Surety, to the same extent and effect as if
Surety had executed the General Contract initially instead of the Principal and Principal
had not been defaulted and been terminated.
11. Owner's and Surety's Rights with Respect to Changes in the Work. Owner
reserves the right, to the extent appropriate under the General Contract, to issue further
Change Orders. The terms of these Change Orders, including attendant extensions of
time and valuation of Change Order work, shall be determined as provided in the General
Contract. Surety reserves the right to refuse to perform any extra or additional work if
such work constitutes alone, or in the aggregate with all prior Change Order work, a
cardinal change under the General Contract. Further, in the event Owner seeks the
performance of additional work that is not subject to valuation by application of unit
and/or lump sum prices set forth in the General Contract, it shall negotiate the appropriate
value for such work with the Surety.
Surety reserves the right to seek Change Orders on behalf of the Completion
Contractor with the Completion Contractor making such requests in writing to the
Owner. Any agreements concerning such requests are understood to be between the
Owner and the Surety with the Completion Contractor signing as the Surety's
representative and no liability going to the Surety for misrepresentations or inaccurate
amounts being submitted.
12. Satisfaction of Surety's Performance Obligations. Owner's acceptance of
the Remaining Work or Surety's expenditure of the Performance Bond Penal Amount, or
Surety's assignment of the Completion Contractor's contract, whichever comes first,
shall satisfy Surety's performance obligations under the General Contract, its
Performance Bond and this Agreement. Owner represents that Principal would have
been required to complete all of its obligations under the General Contract had Principal
not been in default and that, prior to the date of this Agreement, Owner had not made any
agreement with Principal that any item of work included in the General Contract would
not have to be performed, except to the extent provided in the approved Change Order
Numbers 1 and 2.
13. Notices. All notices and correspondence to Owner shall be mailed, with a
copy by facsimile transmission, to:
City of Carlsbad
All notices and correspondence to Surety shall be mailed, with a copy by
facsimile transmission, to:
American Contractors Indemnity Company
14. Payment Bond Liability. The Payment Bond shall remain in full force and
effect in accordance with its terms and provisions. The total liability of the Surety under
the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond
in the amount of $232,272.60. All Payment Bond payments properly made by the Surety
shall be credited against the penal sum of the Payment Bond. Nothing in this Agreement
constitutes a waiver of such penal sum or an increase in the liability of the Surety under
the Payment Bond.
15. All Claims Referred to Surety. Owner recognizes that Surety may be liable
to unpaid suppliers and subcontractors of Principal. Owner agrees to make no
representations or promises of payment to these suppliers and subcontractors and to refer
all inquiries to Surety.
16. No Third-Party Rights. Except as expressly provided herein regarding
Completion Contractor, nothing in this Agreement shall be deemed to create any rights in
favor of, or to inure to the benefit of, any third parties, or to waive or release any defense
or limitation against third party claims.
17. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights
as a Completing Surety under the General Contract and applicable law. Owner hereby
recognizes those rights, including the right of equitable subrogation that affords to Surety
all rights and remedies of Owner against Principal and the Estimated General Contract
Amount, such as offset, and withholding, among others. Owner further agrees to exercise
its right of offset in favor of Surety, upon Surety's written request. Further, Owner also
recognizes Surety's subrogation to Principal's rights as Surety is a performing Surety
under the General Contract, including the right to additional compensation or damages
where allowed or appropriate under the General Contract or applicable law for claims or
matters arising after the date of this Agreement. Owner expressly agrees and
acknowledges: (1) that Surety is entering into this Agreement not as a contractor, but as a
means of satisfying Surety's Performance Bond obligations; (2) that Surety has provided
to Owner the Completing Contractor, a licensed contractor, to finish the Project; and (3)
that Owner hereby forever releases and discharges any and all claims that Surety is an
unlicensed contractor.
18. Waiver of Liquidated Damages. As further consideration for the Surety's
execution of this Agreement and performance hereunder, the Owner acknowledges and
expressly agrees to waive, forfeit and relinquish any and all claims for liquidated
damages that the Owner may have or might have against the Surety or MSC under the
General Contract, this Agreement and the Performance Bond.
19. Agreement Binding on Successors. This Agreement shall be binding upon
the successors and assignees of Surety and Owner.
20. Governing Law. This Agreement shall be governed and controlled by the
laws of the State of California.
21. Modification. This Agreement shall not be changed, modified, amended or
altered in any way except in writing and executed by both the Owner and the Surety.
22. This Agreement Controls. In case of conflict between the provisions of this
Agreement and the provisions of the General Contract and/or Performance Bond, this
Agreement shall control. Further, this Agreement, the General Contract and the
Performance Bond constitute the entire Agreement between Owner and Surety and
together, supercede all prior negotiations, representations, offers, other writings and oral
statements of every description.
23. Construction. The parties agree that this Agreement and all agreements or
documents incorporated herein shall not be subject to the rule of construction that a
written agreement is construed against the party preparing or drafting that Agreement.
24. Validity. Invalidity of any portion or provisions of the General Contract or
this Agreement by reason of the laws of any State or for any other reason shall not render
any other provisions or portions of the General Contract or this Agreement.
25. No Waiver. The failure of either party to exercise in any respect a right
provided for in this Agreement shall not be deemed to be a subsequent waiver of the
same right or of any other right.
26. Counterparts/Facsimile. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, shall be deemed to be an
original with all the counterparts constituting but one and the same instrument. The
execution of this Agreement by any parties hereto will not become effective until
counterparts hereof has been duly executed by all parties. Additionally, facsimile
signatures shall bind the undersigned.
WHEREFORE, the parties have executed this Agreement by their authorized
representatives:
DATED:CITY OF CARLSBAD
DATED:h J00(r>AMERICAN CONTRACTORS
INDEMNITY COMP^
F,pr 0= 06 09:383 3H3-831-Z183 p.*
FROM ILanak & Hama PC FfiX NO. =7145500734 Rpr. 04 2006 09:58«1 P3
RELEASE AGREEMENT
WHEREAS, Heinz Houbcn dba MSC International ("MSC") an<l the City of Carlsbad
((he "City") entered into a prime contract for n work of improvement known as the Station 5
Building and Skate Park Restrooms (the "Project");
WHEREAS, the City found MSC in default of the prime contract and terminated MSC's
contract;
WHEREAS, MSC alleges that the City breached the contract in finding it default and
terminating the parties contract;
WHEREAS, MSC alleges it is owed money for change order work, progress work,
retention, loss of bonding capacity, loss of profits, additional overhead and general conditions,
delays and interest;
WHEREAS, the parties wish to resolve this current dispute without incurring the time,
effort, cost and fees associated with litigation;
NOW, THEREFORE, MSC and the City agree as follows:
(1) In consideration for the City waiving any liquidated damage or any other delay and
impact claim it may have against MSC and American Contractors Indemnity Company
("ACIC") with regard to the Project, MSC hereby releases, waives and discharges the City, its
officers, agents and employees from liability for any and all claims, demands, damages, losses,
liens and causes of action which MSC has or may have against the City with regard to the
Project, except that MSC does not release, waive or discharge the City from its claim for
payment of 591,586.63 in remaining contract liinds, which funds are to be paid to ACIC to
complete the Project;
(2) The release given by MSC in the preceding paragraph shall include claims described
therein existing as of the date of this agreement or hereinafter arising whether known or
unknown, and MSC waives and assumes the risk of such claims which it docs not know or
suspect to exist in its favor, whether through negligence, ignorance, oversight, error or otherwise.
Claimant hereby waives all rights under Section 1542 of the California Civil Code, which
provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR A
T THE TIME Of EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR
l,.\ifcic\l29S7VR«lc»W Agreement^ wpd
03 oe O3:33a
FROM :i_anak & Hama PC FOX NO. :7145500734
3H3-831-2183
Apr. 04 2006 09:59flM
p.3
April ]T, 2006 Heinz Houben dba MSC International
(Signature^ '"
Hein^, Howben
_, 2(X>r>City of Carlsbad
(Si;
(Print Name and Title)
xT
Sa11 1Xego County
California
CONTRACT DQGUMENTS A-ND
SUPPLEMENTAL FROVISIONS
tati.on 5 St
&
kate Park Restrooms
CONTRACT hTO. 3688
t”EIS03-2 1 ENG
May 30,2003
ADDENDUM NO. 1
RE: STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS,
Contract No. 3688
Please include the attached addendum in the Notice to BidderlRequest 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.
qlM SARTORIO
Buyer
JS:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidder‘s Signature
1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2460 - FAX (760) 602-8556 @
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
STATION 5 STORAGE BUILDING
&
SKATE PARK RESTROOMS
TABLE OF CONTENTS
Item Parre .
Notice Inviting Bids .......................................................................................................................... 7
Contractor‘s Proposal .................................................................................................................... 11
Bid Security Form .......................................................................................................................... 19
Bidder’s Bond to Accompany Proposal ........................................................................................ 20
Guidelines for Completing The “Designation Of Subcontractor Amount Of Subcontractor’s
Bid” And “Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor
Work Forms ................................................................................................................................. 22 _-
Designation Of Subcontractors & Amount Of Subcontractor’s Bid .............................................. 24
Designation Of Owner Operator/Lessor & Amount Of Owner Operator/Lessor Work ................ 25
Bidder’s Statement Of Financial Responsibility ............................................................................ 26
Bidder’s Statement Of Technical Ability And Experience ............................................................. 27
Bidder‘s Certificate Of Insurance For General Liability. Employers’ Liability Automotive
Liability And Workers’ Compensation ........................................................................................... 28
.
Bidder’s Statement Of Re-Debarment .......................................................................................... 29
Bidder‘s Disclosure Of Discipline Record ..................................................................................... 30
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 32
Contract Public Works .... i ............................................................................................................. 33
Labor And Materials Bond ............................................................................................................ 39
Faithful PerformanceNVarranty Bond ........................................................................................... 41
. Escrow Agreement For Surety Deposits In Lieu Of Retention (Optional) .................................... 43
Revised 07/29/02 Contract No . 3688 Page 2 of 87 Pages
.
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-3
3-4
3-5
Section 4
4- 1
4-2
Section 5
5-1
5-4
5-6
c_
.
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9-1
9-3
SUPPLEMENTAL PROVISIONS
General Provisions
Terms Definitions. Abbreviations And Symbols Terms .................................................................................................................... 46
Definitions ............................................................................................................. 46
Abbreviations ........................................................................................................ 47
Scope And Control Of The Work
Subcontracts ......................................................................................................... 51
Contract Bonds ............................ : ........................................................................ 52
Plans And Specifications ...................................................................................... 52
Surveying .............................................................................................................. 55
Authority Of Board And Engineer ......................................................................... 59
Changes In Work
Extra Work ............................................................................................................ 62
Changed Conditions ............................................................................................. 63
Disputed Work ...................................................................................................... 63
Control Of Materials Materials And Workmanship ................................................................................. 66
Materials Transportation. Handling And Storage ................................................. 70
Utilities
Location ................................................................................................................. 71
Relocation ............................................................................................................. 71
Cooperation ........................................................................................................... 71
Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ 72
Prosecution Of Work ............................................................................................. 77 Delays And Extensions Of Time ........................................................................... 78
Time of Completion ............................................................................................... 78 Completion And Acceptance ................................................................................ 79
Liquidated Damages ............. ............................................................................... 79
Responsibilities Of The Contractor
Liability Insurance ................................................................................................. 79 Workers' Compensation Insurance ...................................................................... 80
Permits .................................................................................................................. 80
Cooperation and Collateral Work ......................................................................... 80 Project Site Maintenance ...................................................................................... 80
Public Convenience And Safety ........................................................................... 81
Laws To Be Observed ...................................... i ................................................... 85
Measurement and Payment Measurement of Quantities for Unit Price Work ................................................... 85
Payment ................................................................................................................ 86
@ Revised 07/29/02 Contract No . 3688 Page 3 of 87 Pages
Part 2 Technical Specifications
00002 Project Directory
00005 Table of Contents
Division 1 - General requirements:
01010
01027
01028
01045
01 050
01 090
01100
01170
01 200
01 31 0
01 340
01 370
01380
01410
01450
01 500
01 545
01550
01 620
01 630
01700
01 71 0
01 720
01 730
01 900
c
Summary of the Work
Applications for payment
Change Order procedure
Cutting and patching
Field engineering
Reference standards
Alternatives
Requests for information
Project meetings
Construction Schedules and Work Plans
Shop Drawings, Product Data
Schedule of values
Construction photographs
Testing laboratory services
Environment protection
Construction facilities and temporary controls
Contractors Use of the Premises
Vehicle Access and Parking
Storage and protection
Product options and substitutions
Contract closeout
Cleaning
Project Record Documents
Operation and maintenance data
Seismic bracing and anchoring
Division 2 - Sitework:
0201 0 Subsurface Investigation
02050 Demolition
021 00 Site preparation
02110 Clearing
021 50 Shores
02220
02280 Soil treatment
02501
02514
02660 Piping systems and accessories
02720 Drain age
Excavating , backfi I I i n g , and compacting
Paving and resurfacing (Patch & Repair)
Portland Cement Concrete Paving (Sidewalks)
I 02529 Concrete curbs gutters and sidewalks
@ Revised 07/29/02 Contract No. 3688 Page 4 of 87 Pages
02829 Fencing
02900 Landscape planting
02970 Landscape maintenance
Division 3 - Concrete:
03300 Cast-in-place concrete
Division 4 - Masonrv:
04200 Unit masonry
Division 5 - Metals:
05500 Metal fabrications
05720 Metal handrails
Division 6 -Wood and plastics:
061 00 Rough carpentry
061 81 Glue-laminated structural units
061 95 Prefabricated wood beams and joists
Division 7 - Thermal and moisture protection:
0741 0 Preformed metal roofing
0751 0
07600 Flashing and sheet metal
07920 Sealants and calking
Gravel surfaced bituminous roofing
Division 8 - Doors and windows:
08110 Metal doors and frames
08520 Aluminum Windows
0871 0 Finish hardware
08800 Glazing
Division 9 - Finishes:
09260 Gypsum wallboard system
0931 0 Ceramic tile
09900 Painting
Division 10 - Specialties:
10400 S ig nage
10800 Toilet room accessories
Division 11 - Equipment: (NOT USED)
Division 12 - Furnishinqs: (NOT USED)
Division 13 - Special construction: (NOT USED)
Division 14 - Convevina svstems: (NOT USED)
@ Revised 07/29/02 ContractNo.3688 Page 5 of 87Pages
- Division 15 - Mechanical:
15405 Plumbing (DESIGN BUILD SPECIFICATION)
.I5500 HVAC (NOT USED)
Division 16 - Electrical:
16400 Electrical (DESIGN BUILD SPECIFICATION)
Appendix A Update of Geotechnical Evaluation
Appendix B Select Standard Drawings
Revised 07/29/02 Contract No. 3688 Page 6 of 87 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO P.M. on June 12, 2003, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-731 4, 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:
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a‘period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2000 Edition, and
Supplements thereto, all hereinafter designated “SSPW C” 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 (1 0) 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:
7 of 87 Pages
--
1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
5. Designation of Owner Operator/Lessors &
6. Bidder’s Statement of Financial Responsibility
7. Bidder’s Statement of Technical Ability and
and Amount of Subcontractor Bid
Amount of Owner Operator/Lessor Work
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the Cty, its officials, employees and volunteers may be omitted at the time of bid submittal but
shall be provided by the Bidder prior to award of this contract.
10.Bidder’ s Statement Re Debarment
1 1 .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
$224,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: Class “B, General Building.
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 92008-731 4,
for a non-refundable fee of $50.00 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 Carisbad
except as hereinbefore specified.
Questions concerning the Bid Documents during the bid period must be submitted in writing, via
fax, or e-mail; e-mail is the preferred medium.
Questions shall be submitted solely to: Marshall Plantz at the following locations:
e-mail: mplan Qci.carlsbad.ca.us
Fax: 760-602-8562
8 of 87 Pages
Oral questions will not be entertained
Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details,
or specification sections.
,-
.-
The cut off date to submit questions will be on that day ten (10) working days prior to the date of bid
so that the answers to the above questions can be published and distributed in an addendum five
working days prior to bid opening. No questions will be taken after ten (1 0) working days prior to bid.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
- A pre-bid meeting and tour of the project site will notbe held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
9 of 87 Pages
.-
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 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 anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2003-104,
adopted on the 15'h day of April, 2003.
*- c, - '% ,
I).
I/ 9-2/-- 03
Date LISA HILDABRAND, DEPUTY CITY CLERK
9-2/-- 03
Date
,,
LISA HILDABRAND, DEPUTY CITY CLERK
10 of 87 Pages
CITY OF CARLSBAD
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
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. 3688 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that helshe will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE “A” STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOOMS
item - No. Description
- Quantity and Unit
Units - Price
A-1 Mobilization LS
UMe THObf$A 1u 0 IrUQ Ir&L)kCD Dollars (Lump Sum)
A-2 Construction Schedule LS
Dollars (Lump Sum)
A-3 Project records documents LS 1rx ~UWDlrCU
Dollars (Lump Sum)
A4 Site Preparation LS
Dollars (Lump Sum)
7#&W rv Dollars (Lump Sum)
LS
- Total
$1200-
$16440-
$ 720-
4- t# Revised 07/29/02 Contract No. 3688 Page 11 of 87 Pages
-
Item - No.
A-6
A-7
A-8
A-9
- A-10
A-11
A-12
A-13
A-14
Description
Excavating, Backfilling &
Compacting
fJ.k WJA UP /&vert
l44VluSUPU -0 Dollars (Lump Sum)
Soil Treatment
“Paving and Resurfacing”
Dollars (Lump Sum)
JJAdP7 c TW&L/& n/u 4
“Concrete curbs, gutters, and
sidewalks”
“Piping Systems and Accessories”“
QA/& 7%“C;/JAlup TWO
HUwO 4 r0
Dollars {Lump Sum)
“Drain age”
“Fencing” -(Specialty Item)
“Landscape Planting” (Specialty
item) 7Ntl cr 7NWm N f3 /I* HK N u4pa Dollars (Lump Sum)
“Landscape Maintenance”
(Specialty Item)
Quantity and - Units
LS
LS
LS
LS
LS
LS
LS
LS
LS
Unit - Price
Total
$ 6702.
$ rzm-
$ 12600-
$3360-
$3600-
$ 1440-
c3 Revised 07/29/02 Contract No. 3688 Revised per Addendum No. I Pane 12 of 87 Pam!:
Item - NO.
A-I 5
A-16
A-1 7
A-1 8
_-
A-1 9
A-20
A-2 1
A-22
A-23
DescriPtion
“Cast-in-Place Concrete and
reinforcing”
“Unit masonry”
gePl-&w 7 HUPP 7iYOUfAkY
28@ Dollars (Lump Sum)
“Metal Fabrications” (Specialty Item)
f1.C HUrU#&t# #& h 7Y -0
0 7#6U$L#p fiavY
Dollars (Lump Sum)
“Metal Handrails” (Specialty Item)
# b HUNUWJ> //$7r/
Dollars (Lump Sum)
“Glue-laminated structural units”
(Specialty Item)
Quantity and Unit - Units - Price
Total
Prefabricated wood beams and
joists” (Specialty Item)
0 UD JiG&VfANff 73vd
/vWdvUID 4n Dollars (Lump Sum)
“Preformed metal roofing”
rrtu#M ryI/ OUIJA1// K/& e
&#U P 4 ).tt //Ar 7- -7 Dollars (Lump Sum) /
”Gravel surfaced bituminous roofing”
LS
LS
LS
LS
LS
LS
LS
LS
$ 2400-
$ 1200-
Revised 07/29/02 Contract No. 3688 Revised Der Addendum No. 1 Pane 13 nf ~7 DPnm- I-- -_-
LS A-24 “Flashing and Sheet Metal”
”# PncQ 7‘Hkd&+ mO&.f4N& /IC
Dollars (Lump Sum)
$ 3600-
A-25 “Sealants and Caulking” LS
LS A-26 “Meta I Doors and Frames”
$I* WOWbUl9
Dollars (Lump Sum)
$ to 00 -
A-27 “Finish Hardware”
O#k 7H ovslr but 7k 0 H&AJ Dlc rYt Dollars (Lump Sum)
LS
LS A-28 “Aluminum Windows”
$ 135’0 - A-29 “Glazing” LS
ONt 7-bl OLISUlvM 74ybg 1.4. HUN U~t4 0
Dollars (Lump Sum)
&/I* t y I
A-30 “Gypsum wallboard system” LS
4H7 H&mt?UP& a oe Y~ou~~wPb
Dollars (Lump Sum)
LS A-31 “Ceramic Tile”
f I+ ~W~$&AJ# $ 6000-
Dollars (Lump Sum)
LS A-32 “Painting” (Specialty I tern )
LS A-33 Section 10400 - “Identifying
Devices” (Specialty Item)
@N &- TfibrffiS rUV
@ Revised 07/26/02 Contract No. 3688 Revised per Addendum No. 1 Page 14 of 87 Paaes
A-34 Section 10800 - Toilet Room LS Accessories”
b I#W4fP(9#
Fiur4 U#/OU&-& Dollars (Lump Sum)
A-35 2 Water Service Connection LS
c #OU$&Ncb rC/+Y7
(Specialty Item)
Dollars (Lump Sum)
N&##nP& P4hry 4%4guJ
I
A-36 6” Sewer Lateral and Cleanout LS (Specialty Item)
7~6 riU4&/AkU e444
Dollars (Lump Sum)
A-37 Division 15 Plumbing” DESIGN LS BUILD (Specialty Item)
Dollars (Lump Sum)
/L/lkb my rrYlraN0
$ 9bBD -
A-38 Division 16 - “Electrical” DESIGN LS $ qboo- - BUILD (Specialty Item)
/VI#& 7’?46Y/AWP
Dollars (Lump Sum)
Total amount of bid in words for Schedule “A: &f&#@& Lfk/u NubWuarcr2 S&Vt‘hmJ TWO
Total amount of bid in numbers for Schedule
OPENED, W~NE~L~ E,;.,:13 RECORDED:
SCHEDULE “By’ MEZZANINE
(Bid Alternate 1)
- Units Item , - NO. Description
Total amount of bid in numbers for Schedule “B: !$ 2499 sie, 60
e tQ Revised 07/29/02 Contract No. 3688 Revised per Addendum No. I Page 15 of 87 Pages
The basis of award will be the Total amount bid for Schedule "A'
The City of Carlsbad reserves the right to add the items of work included in Shedule "B", (Bid
Alternate l), without penalty or change in the price of the other bid items.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). I haslhave been received and islare included in this
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 classification A e 8 , which expires on 2-1- 04 sement is true and correct and has the legal effect of
an affidavit.
rc
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 20104.
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
himlher to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Bwm (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
a ts Revised 07/29/02 Contract No. 3688 Page 16 of 87 Pages
License Detail Page 1 of 2
Iclassl KI -
California Home Thursday, June 12,2003
Description
GENERAL ENGINEERING CONTRACTOR
Contractor License # 31 6578
DISCLAIMER
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (.B&P 71 24.6). If this entity is
subject to public complaint disclosure, an icon will appear below. Click on the
icon to obtain additional complaint information. Per'B&P 7071.17, only construction related civil judgments known to the CSLB
are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of
the arbitration. Due to workload, there may be relevant information that has not yet been entered
onto the Board's license data base.
Extract Date: 06/12/2003
* * * Business Information * * *
M S C INTERNATIONAL
19 CARLSBAD LANE
ALE0 VIEJO, CA 92656
Business Phone Number: (949) 831 -2054
Entity: Sole Ownership
Issue Date: 03/01/1976 Reissue Date: 04/28/2000 Expire Date: 04/30/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Additional Status Information * * *
PAST DISCIPLINARY ACTION
There is a past legal action against this license. For further information, please call the
Case Management Office in your area: (91 6) 255-4041 Northern California or (562) 466-
6021 Southern California.
* * * Classifications * * *
6/ 1 2/2003
License Detail Page 2 of 2
IIB I~GENERAL BUILDING CONTRACTOR 11
* * * Certifications * * *
Description
HOME IMPROVEMENT CERTIFICATION
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number CLB1703612 in
the amount of $7,500 with the bonding company
REDLAND INSURANCE COMPANY.
Effective Date: 04/01/2002
Contractor's Bonding History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1675885 Effective Date: 03/13/2002 Expire Date: 03/01/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License ~__ Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
6/12/2003
Personnel List Page 1 of 1
California Home Wednesday, Septeml
Personnel List
Contractor License # 31 6578
CALIFORNIA CONTRACTORS STATE LlCEN
Click on the person's name to see a more detailed page of information on that person.
Name Title Association Date Disassociation Date Class Mc
HEINZ JOSEF HOUBEN SOLE OWNER 03/01/1976 A
- License ~. Number Request Contractor Name Request
Salesperson Request Salesperson Name Request
Personnel Name Request
0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum=3 16578 9/ 10/2003
- 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 MSL / NT2RrUn TWWA L
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number) - City and State LIJD y"/ PJ& $
(4) Zip Code 976 9 6- 6701 Telephone No. 944- t33 /- 5-038
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
(Street and Number)
City and State
(4) Zip Code Telephone No.
@ Revised 07/29/02 Contract No. 3688 Page 17 of 87 Pages
IF A CORPORATION, SIGN HERE:
(1 ) Name under which business is conducted
(Signature) (2)
.-
(3)
(4)
Incorporated under the laws of the State of
Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
sJ Revised 07/29/02 Contract No. 3688 Page 18 of 87 Pages
.-
I
-.
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOM
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of N/++ /
dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
~~
*Delete the inapplicable word.
(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.)
@ Revised 07/29/02 Contract No. 3688 Page 19 of 87 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOM
KNOW ALL PERSONS BY THESE PRESENTS:
That we, MSC INTERNATIONAL , as Principal, and INDEMNII’Y ~~~ 1
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) ”Y-FIvE THOUSAND 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.
AMERICAN CONTRACTORS
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
- CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
.-
-
and effect, and the amount specified herein shall be forfeited to the said City.
,- - ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ...
... ... ... -
Revised 07/29/02 Contract No. 3688 Page 20 of 87 Pages
._ 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 23rd day of &Y ,2003 . -
PRINCIPAL: MSC INTERNATIONAL Executed by SURETY this 23RD day
of MAY , 2003 .
SURETY:
H04f3&-l(, (print name here)
A?w/l2 c-17
(Title.and Organization of Signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
AMERICAN CONTRACTORS INDEMNITY COMPANY
(name of Surety)
254 E. GRAND AVENUE, SUITE lOOA ESCONDIW.~~~ (address of Surety)
760-743-4000
CARLA M. MORRIS "U
(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
Revised 07/29/02 Contract No. 3688 Page 21 of 87 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 8 r43.7 f?q } SS.
On JJ~P. fD Dale 7k
beforeme, ,%L/dG Name and f, me fMk of Officer (e.9.. “Jane AY@*v DC+, Notaryhbhc’) /&bdC
personally appeared t/4iwz re l~occLlp/M
Name@) ot Signer@)
0 personally known to me
proved to me on the basis of satisfactory eidence
to be the person(s) whose name(s) @ I are
subscribed to the with instrument and
acknowledged to me &she/they executed
the same in &fier/their Qthorized
capacity(ies), and that by i /her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed the instrument.
r ‘ Signature 01 Nolary Public ‘
OPTIONAL Though the information below is not required by law, it may prove valuable to persons reking on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: >d ty Odmd
2003 Number of Pages: / Document Date: . / T17
4
Signer(s) Other Than Named Above: fl s . XT der W d7/6714/
Capacity(ies) Claimed by Signer
Signer’s Name:
Individual $. Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator 0 Other:
Signer Is Representing:
0 1999 National Notary Assodalion - 9350 De Solo Ave., P.O. Box 2402 * Chalsworth. CA 91 3132402 * wmv.nalionalnotary.org Prod. No. 5907 Reorder: Call Tdl-Free 1-800876-6827
CALIFORNIA -__ ALLPURPOSE - - ACKNOWLEDGMENT __ -_ TT
__ I
i
State of California
Countyof Sari Diego
On 5/23/03 before me, I RECENBB WBITE, NOTARY PUBLIC
Name and Mle of Officer (e.g.. 'Jane Doe. Notary Puble') Date
personally appeared Carla M. Morris 1
Name@) of Siiner(s)
8% personally known to me - OR - C proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in hislherltheir authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
OPTIONAL
Though the information below IS not required by law. it may prove valuable lo persons relying on the documenr and could prevenl
fraudulent removal and realrachmenl of this form lo anorher document.
Description of Attached Document
Surety Bon4 Ttle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
Irdivtdual Individual
Corporate Officer Corporate Officer
Tlle(s). Tit le( s) :
Partner - 1 Limited - General Partner - : Limited - General
Trustee
1
xx- Attorney-in-Fact Attorney-in-Fact
- Trustee
1 Guardian or Conservator '5 - Guardian or Conservator - Other: -- Other: % 4 American Contractors 4 4 4 4 4 4 9 4
Indemnity Company
Signer Is Representing: Signer Is Representing:
’ A American Contractors Indemnity Company
984 1 Airport Blvd., 9th Floor, Los Angeles, California 90045 09-1645
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Carla M. Morris of Escondido, CA
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ . This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
“RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
***1,500,000.00 Dollars***
I. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalfof the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
To remove, at any time, any such Attorney-in-fact and revoke the authority given 2.
RESOLVED FURTHER, that the signatures of such oficers and the seal of the Company may be afied to any such Power of Attorney or certifcate
relating thereto by facsimile, and any such Power of Attorney or certifcate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached.”
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the 1st day of September, 2000.
AMERICAN CONTRACTORS INDEMhlTY COMPANY
By: / Andy T. Faust, Jr.xorporate President
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES P
On this 1 st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity
Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing
instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 23RD day of MAY ,200 3 .
f-bndNo. NA/ BID BOND
Agency No. woo9 -
JAMES H. FERGUSON, &orporate Secretary
rev. POA04/20/01
Company Profile Page 1 of 2
Company Profile
AMERICAN CONTRACTORS INDEMNITY
COMPANY
9841 AIRPORT BLVD SUITE 1414
LOS ANGELES, CA 90045
800-486-6695
Agent for Service of Process
FRANK M. LANAK, 9841 AIRPORT BLVD. 9TH FLOOR LOS ANGELES, CA 90045 Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 10216
NAIC Group #: 0000
California Company ID #: 3634-3
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
May 23, 1994
License Status: UNLIMITEiD-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
SURETY
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
http ://cdinsw w w . insurance .c a. gov/pl s/wu~co~prof/idb~co~prof~u tl . ge t_co_prof?p_EID=70.. . 6/ 1 212003
Company Profile Page 2 of 2
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - May 21,2003 10:24 AM
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=7O ... 6/12/2003
r
e
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATORILESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner OperatorlLessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) 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.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or I' Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit 'I unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
OperatorlLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
Revised 07/29/02 Contract No. 3688 Page 22 of 87 Pages
I
L 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, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item. -
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid _- Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
-
~ - Determination of the subcontract and Owner OperatorlLessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
@ Revised 07/29/02 Contract No. 3688 Page 23 of 87 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
Street Address
City State Zip
*Subcontractor's Telephone Number including Area Code: ( . -
*Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS*
Exdanation: Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be Performed bv the Subcontractor. Column 3 - The dollar amount of the item to be performed bi Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page of pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
Inviting Bids."
Revised 07/29/02 Contract No. 3688 Page 24 of 87 Pages
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATORLESSOR WORK
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 -
*Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
Exolanation: Column 1 - Bid item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorlLessor's forces on the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages NN through NN, inclusive.
Page of pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
Inviting Bids."
4i.B &@ Revised 07/29/02 Contract No. 3688 Page 25 of 87 Pages
..
L
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
?@ Revised 07/29/02 Contract No. 3688 Page 26 of 87 Pages
L
A
--
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Name and Phone
No. of Person Name and Address Type of
1 AmoOfUnt
@ Revised 07/29/02 Contract No. 3688 Page 27 of 87 Pages
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LlABI LITY, EM PLOY ERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
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:
I) 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.
'3 Revised 07/29/02 Contract No. 3688 Page 28 of 87 Pages
Oct 17 03 09:26a laguna pacific
WC STATU- TORYETS
949 597 0195
E_e
P.2
1 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIW) I 10/17/2003 .. 1 PRODUCER LAGUNA PACIFIC INSURANCE
23537 MOULTON PARKWAY
THIS CERTIFICATE IS ISSUED AS A MArrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
. - - - _. . - --- iiiG2%AVIGATORS _- - +? d/// &Ae&&-
-~-- ___ . INSURER B
INSURER C--
-"
- __ - --- -
- __- -- lNSUI?ER D' --
CA 92653 LAGUNA HILLS
(949) 597-0303 .. _- INSURED
MSC INTERNATIONAL
26895 ALISO VIEJO ROAD SUITE B
CA 92656-5301 ALISO VJEJO
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WilH 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 CONOITIONS OF SUCH r )LICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I WUCY EFFtrn _- __
TYPEOFINSURANCE POUCY NUMBER DATE [MMIDDIYY)
GENERAL LlAnlLlTV
. . . ._-- - CY MPIRAPIOX TTE IMMIDDIWI
10/8/2004
UMl
EACH OCCURRENCE ___.
FIRE DAMAGE (MY one nm!
MED EXP (Any one wm)
i
s 1,000,000
100,000 t - ._ - .. . _-
z s.ooa
-. . - 7 COMMERCIAL GENERAL LlABlLllY 1
100803 $ 1,0'00,000
2,000,000 ... .- - . ._ PERSONAL i ADV INJURY
GENERAL AGGREGATE
- I _I 1 I s 1,000,000 PRODUCTS - COMPO' AGG- - - . GEN'L AGGREGATE Liwr APPLIES PER: -. . 1 I I n LOG
AUTOMOBILE LIABILITY s COMDINED SINQLE LIMIT (Ea acddenl) .
BODILY INJURY (Per person)
BODILY INJURY (Per aecldnl)
- _-
_. ._ .-
PROPERTY DAMAOE (Per accident)
AUTO ONLY - "_ACCIDENT
OTHER THAN
AGG AUTO ONLY:
EACH OCCURRENCE
AGGREGAE-
__ - ._- .- ..
ANY AUTO
ALL OWNEDAUTdS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNEDAUTOS I
. . .
s
s -
s
f
s
S
S
-
-. -
! __ s
s
~-
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
- 1 OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AN0 EMPLOYERS LIABILITY
OTHER
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED
._. - ._ .-
EL EACHACCIDENT -
E L DISEASE - €A FMPLOYE(
E L DISEASE - POLICY LIMIT
-
CERTIFICATE HOLDER 1 I ADMTIONAL INSUREO; INSURER LEtTER: CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIESEECANCELLED BEF0RC:THEEXPlRATlON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LlABlUl'V OF ANY KIND UPON THE INSURER, ITS AGENTS OR
I
IITY OF CARLSBAD
PURCHASING DEPARTMENT
1635 FARADAY AVENUE
REPRESENTATIVES.
AUTHORKED REPRESENTAT CARLSBAD, CA 92008-7314
I
ACORD 25-S (7197) @ ACORD CORPORATION 1988
0 PF vl.0.1 LM. LPW vl .Q.B M iO/q7)03 - 10:Oq by UserNana
Oct 17 03 09:26a laguna pacific 349 597 0195 P.3
,-
POLICY NUMBER: 100803
NAMED INSURED: MSC INTERNATIONAL
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B)
This endorsement modifies insuraiice provided under the folIowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE: Natne of Person or Organization:
CITY OF CARLSBAD PURCHASING DEPARTMENT
1635 FARADAY AVENUE
CARLSBAD, CA 92008-7314
IT IS UNDERSTOOD AND AGREED THAT THIS POLICY CONTAMS THE FOLLOWING PROVISIONS.
WHO 1s AN INSURED (Section II) is amended to included as an insured the person or organization show in the Schedule, but only with respect to Liability arising out of "your work" for that insured by or for you.
It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional ulsured(s)
shall he primary insimncc as respects any claim, loss or liability arising out of the Named Insured's opcrations, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory with the insurance provided hereunder.
CG 2010 11 85
Sep 17 03 02:34p
LAGUNA HILLS CA 92653
(949) 597-0303
NSURED
26895 ALISO VIEJO ROAD
VlSC INTERNATIONAL
CA 92656-5301 %LIS0 V3EJO
laguna pacific
INSURERS AFFORDING COVERAGE -_
~NSURERA LINCOLN GENERAL INS. 4- VI/ PA/ oF~~~~~~~~~ CASUALTY -'A+ xr/
INSURER C
INSURER D
INSURERE
949 597 0195 P. 1
EACHOCCURRENCE
FIRE DAMAGE (Any one lire)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS. COMPIOP AGG
1,000,000
$ 100,000
$ 5,000
S 1 I 0 0 0 I 0
S
,_S
2 I 0 0 0 ! 0 0 0
1 I 0 0 0 I 0 0 0
________ ~~
THE POLICIES OF INSURANCE LlSTE
CERTIFICATE HOLDER
ANY REQUIREMENT, TERM OR CON MAY PERTAIN, THE INSURANCE AFF
POLICIES AGGREGATE LIMITS SHOW
ADDITIONAL INSURED; INSURER LETTER' - CANCELLATION
Lm .TR
A
B
TYPE OF INSURANCE
GENERAL LIABILITY
GENERAL LIABILITY
CLAIMS MADE OCCUR
GENL AGGREGATE LIMIT APPLIES PCR -J POLICY 0 Tfg LOC
AUTOMOBILE LIABILITY x ANVAUTO
ALL OWVED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS 4 GARAGE LIABILITY
7 ANY AUTO
EXCESS LIABILTTY J OCCUR 0 CLAIMS MmE
DEDUCTl8LE 3 RETENTION $
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
OTHER
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTIFICATE MAY BE ISSUED OR
IDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY HAVE BEEN REDUCED BY PAID c
POLICY NUMBER
091703
091803
RIPTION OF OPERATlONS'LOCATlONS~~ilCLEYEXCLUSIONS ADDED BY ENDORSEM
IMS
'OLICY EFFECTIVE DATE (MWDDffV)
9/17/2003
9/16/2003
VSPECIAL PROMS1
OLlCY EXPIRATION DATE (MWDDNV)
9/17/2004
9/16/2004
S
COMBINED SINGLE LIMIT Is 1,000,000 (Ea accident)
BODILY INJURY
BODILY INJURY +.--
(Per person)
(Per accideiil)
PROPERTY DAMAGE
-
(Per accident)
AUTO ONLY:
EACHOCCURRENCE
AGGREGATE
TORY LIMITS
E L EACH ACCIDENT
-- _. _~
CERTHOLDERCOPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
CO M P E N SAT1 0 N INSURANCE
ISSUE DATE: 09-11-2003 GROUP: POLICY NUMBER: 1675885-2003 CERTIFICATE ID: 4 CERTIFICATE EXPIRES: 03 - 01 -2 0 04
03-01-2003/03-01-2004
THE CARLSBAD PURCHASING DEPARTMENT
1635 FARADAY AVE
CARLSBAD CA 92008-7314
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 10 days advance written notice to the employer.
We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
- AUTHORIZED REPRESENTATIVE PRESIDENT
STANDARD POLICY EXCLUSIONS: INDIVIDUAL EMPLOYERS, HUSBAND AND WIFE EMPLOYERS,
EMPLOYEES COVERED UNDER CPL INSURANCE AND EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS COMPENSATION LAW.
EMPLOYER‘S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
HOUBEN, HEINZ AND HOTJBEN. ILSE ‘ubk: M S C
INTERNATIONAL 26895 ALISO CREEK RD # B436
ALISO VIEJO CA 92656
SClF 10262E Accept this Certificate only 1 you see a faint watermark that reads “OFFICIAL STATE FUND DOCUMENT”
CMS SG] 6RINiED: 09-11-2003 PAGE 1 OF1
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
-
I) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
-
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- - ments.
party debarred party debarred
-
agency agency
c -
period of debarment period of debarment
BY CONTRACTOR:
By:
-f - Gig n'he6)
Page f of I pages of this Re Debarment form
?@ Revised 07/29/02 Contract No. 3688 Page 29 of 87 Pages
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.
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
4)
5)
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period? x no
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed?
Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
I
_- (If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
Revised 07/29/02 Contract No. 3688 Page 30 of 87 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE
STATION 5 STORAGE
If the answer to either of 2. or
(CONTINUED)
(To Accompany Proposal)
RECORD
CONTRACT NO. 3688
BUILDING AND SKATE PARK RESTROOMS
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:
mL- /N 72.R /u#l I/& A/ LLc
(name of Contractor)
By:'
H* H@URt-n, OWWP!Z
(print namekitle)
Page of pages of this Disclosure of Discipline form
@ Revised 07/29/02 Contract No. 3688 Page 31 of 87 Pages
c
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
State of California 1 ) ss.
Countyof ORA AI&&? )
“lV2 C/OL/B&U , being first duly sworn, deposes
(Name of Bidder)
and says that heNMis 0 W”2
(Title)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
- --
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the f& 7rr/ dayof JUUE ,206 3.
Subscribed and sworn to before me on the 0 7h day of 4 ,200 3.
Signature of Notary
- @ Revised 07/29/02 Contract No. 3688 Page 32 of 87 Pages
CONTRACT
PUBLIC WORKS
day of m&ob ew , 200,3, by and 44 This agreement is made this 2q
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and MSC INTERNATIONAL whose principal place of business is
5301 SUITE 8436, 26895 ALISO CREEK ROAD, ALISO VIEJO, CA 92656- (hereinafter
called "Contractor").
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
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.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
I
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) 2000 Edition, and 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
--
@ Revised 07/29/02 Contract No. 3688 Page 33 of 87 Pages
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
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 11, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated.
Differing Conditions. Subsurface or latent physical conditions at the site differing from those
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
Revised 07/29/02 Contract No. 3688 Page 34 of 87 Pages
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
-
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
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.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
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.
43 Revised 07/29/02 Contract No. 3688 Page 35 of 87 Pages
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided -
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(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 I, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
Revised 07/29/02 Contract No. 3688 Page 36 of 87 Pages
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
init init 4 I have read and understand all provisions of Section 11 above.
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.
a Revised 07/29/02 Contract No. 3688 Page 37 of 87 Pages
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. I
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
MS c IN 7t-R A/fi T/ OfVA t (name of Contractor)
By:
mu
(print name and title)
By:
(sign here)
ATJIIT:
- (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
@ Revised 07/29/02 Contract No. 3688 Page 38 of 87 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
/.-
} SS.
State of California
County of &?@A&
personally appeared d hrnB€A
Name@) of Bgner(s)
0 personally known to me
*.proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)@are
subscribed to the within instrument and
acknowledged to me she/they executed
the same in @%heir g'horized
capacity(ies), and that by h' /her/their signature(s) on the instrument the erson(s), or
the entity.wpon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, d may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. *.
Description of Attached Document
Title or Type of Document:
4 rc Document Date: Number of Pages:
r.-L Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual 0 Corporate Officer - Title(s):
0 Partner - Limited 0 General
0 Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: U
0 1999 National Notary Assciation 9350 De Solo Aye.. P.O. Box 2402 - Chatsworth. CA 9131 3-2402 www.natiollalnotary.org Prod. No. 5907 Reorder. Cali Toll-Free 1-800-876-6827
BOND NO. 187149
PREMIUM: INCLUDED IN PERFORMANCE
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
2003-1 87 , adopted JULY 15, 2003 , has awarded to
MSC INTERNATIONAL
(hereinafter designated as the "Principal"), a Contract for:
CONTRACT NO. 3688
STATI0.N 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Principal, (hereinafter as Surety,-
are held firm1 bound THOUSANh TWO 232.272.60 ). I' said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 31 81, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable 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 or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
'3 Revised 07/29/02 Contract No. 3688 Page 39 of 87 Pages
- not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 2 8 Executed by SURETY this 27TH day
day of ~UCI LIS 7 ,20&. Of AUGUST ,2003.
MSC /A/~~'R/vA'~~/oA,Y c
CONTRACTOR: SURETY:
=CAN - mmTY COMPANY
254 E. GRAND AVENUE, SUITE lOOA
ESCONDIDO, CA 92025
(name of Surety)
(address of Surety)
fit'fAl2 /?7V&BEU
(print name here)
(title and organization of signatory)
By: CARLA M. MORRIS
(sign here) (printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
(print name here) of attorney)
- (title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary 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
a Revised 07/29/02 Contract No. 3688 Page 40 of 87 Pages
- -2 -. . - CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
California State of
RECE" WTE, NOTARY PUBLIC before me, On I
8/27/03
Nams and 7?lIm of Ofllccr (me., 'Jam Doe. Nomy Public") Dale
personally appeared Carla M. Morris I
Name(s) 01 Signer(r)
personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name@) idare subscribed to the within instrument
and acknowledged to me that helshelthey executed the
same in hidherhheir authorized capacity(ies), and that by
his/her/their signature@) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though lhe information below is nor required by law, it may prove valuable lo persons relying on the document and could prevent
lraudulenf removal and reanachmenf ol fhis form lo anofhsr document.
Description of Attached Document
Ttle or Type of Document: Surety Bon4
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
I ndivrdual
Title@):
. Corporate Officer
_. Partner - J Limited l General
XK Attorney-in-Fact
.- - - Trustee- - Guardian or Conservator - Other:
.- -
- .-
American Contractors
lndeanity Camp any
Signer Is Representing:
I I
Signer's Name:
-7 Individual X Corporate Officer
Z Partner - -, Limited 3 General L Atlorney-in-Fad
litle(s): --
- - Trustee Z Guardian or Conservator
Top 01 lhumb here I L Other:
Signer Is Representing:
A American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 09-1 823
POWER OF ATTORNEY
F
,NOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Carla M. Morris of Escondido, CA
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ . This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
“RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
***1,5OO,OOO.OO Dollars***
I. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalfof the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
To remove, at any time, any such Attorney-in-fact and revoke the authority given. 2.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affaed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached.”
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
’resident on the 1 st day of September, 2000.
AMERICAN CONTRACTORS INDEMNITY COMPANY
By: f Andy T. Faust, Jr.Forporate President
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On this 1st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity
Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing
instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 27TH day of AUGUST ,2003- . .r ondNo. 187149
Agency No. *009 I
JAMES H. FERGUSON,&orporate Secretary
rev. POA04/20/01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
personally known to me
proved to me on the basis of satisfactory
to be the person(s) whose name@) @/are
subscribed to the wit instrument and
acknowledged to me t 8 Ishelthey executed
the same in @heritheir othorized
capacity(ies), and that by i heritheir
signature(s) on the instrument the person(s), or
the entity.upon behalf of which the person@)
acted, executed the instrument.
evidence
Signature of Notaiy Pubk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Documen dr 4nd M &4Qfr’4 1 -
Document Date: Number of Pages: 3
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual 0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: d
Signer Is Representing: u
0 1999 National Notary Assxiation * 9350 De Soto Am, P.O. Box 2402 * Chatsworlh, CA 9131 3-2402 m.Mtionalnotary.org Pmd. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
BOND NO. 187149
PREMIUM: $5,645.00
FAITHFUL PERFORMANCENVARRANTY BOND
W H EREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 2003-187 , adopted JULY 15, 2003 , has awarded to
MSC INTERNATIONAL , (hereinafter
designated as the "Principal"), a Contract for:
CONTRACT NO. 3688
STATION 5 STORAGE BUILDING AND SKATE PARK RESTROOMS
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, MSC INTERNATIONAL , as Principal,
(hereinafter designated as the 'Contractor"), and AMERICAN CONTRACTORS INDEMNITY COMPANY
, as Surety, are held and firmly bound unto the City of Carlsbad,
attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of
specifications.
* a@ Revised 07/29/02 Contract No. 3688
the contract or to the work-or to the
Page 41 of 87 Pages
,-
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 'E! f? Executed by SURETY this 27TH day of
,2003 . AUGUST day of BUC4 57 ,2003.
CONTRACTOR: SURETY:
AMERICAN a)ImwmRs mmTy OQMPANY
(name of Surety) /Y5 c /D 7kZ?/vA 7-18 #A L (name of Contractor)
254 E. GRAND AVENUE, SUITE lOOA By: ESCONDIDO, CA 92025
(address of Surety) - /T /--b 760-743-4000 7 - (print name here)
By:
(Title and Organization of Signatory)
CARLA M. MORRIS
By:
(printed name of Attorney-in-Fact)
(sign here)
(Attach corporate resolution showing current
power of attorney.) (print name here)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President, or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Depu City Attorney d
a Revised 07/29/02 Contract No. 3688 Page 42 of 87 Pages
California State of
County of San Diego
RECE" WEITE, NOTARY PUBLIC On 8/27/03 before me, I
Dale Name and Tlk d Ofllcsr (e& 'Jane Doe. Nntery Public")
personally appeared Carla M. Morris I
Name(s) of Signer(r)
% personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the
same in his/her/their authorized capacity(ies), and that by
hislherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITKSS my hand and official seal.
OPTIONAL
Though !he intormalion below is not required by law, if may prove valuable fo persons relying on the document and could prevent
fraudulent removal and reartachmenf ol this /om, to another document.
Description of Attached Document
Surety Bon4 Ttle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
Signer's Name:
Individual
Tit le( s) :
, Corporate Officer
-. Parlner - Z Limited .l General
rot_ Attorney-in-fact .- - -.. Trustee - Guardian or Conservator __ Other:
.- - - ._
American Contractors
Indemnity Camp any
Signer Is Representing:
I I
Signer's Name:
-. , Individual - Corporate Officer
Ttle(s): : Partner - 1 Limited Y General
i Altorney-in-Fact
-.
- - Trustee
1 Guardian or Conservator Z Other: lumb here
1 I 1 Signer Is Representing:
A American Contractors Indemnity Company
9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 09-1822
POWER OF ATTORNEY
r" ' .NOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint,
Carla M. Morris of Escondido, CA
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed $ . This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary# shall have
thepower andauthority
***1,500,OOO.00 Dollars***
1. To appoint Attorney@)-in-Fact and to authorize them to execute on behalfof the Company, and attach the seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
To remove, at any time, any such Attorney-in-fact and revoke the authority given. 2.
RESOLVED FURTHER9 that the signatures of such officers and the seal of the Company may be afaed to any such Power of Attorney or certz'jkate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its r 'resident on the 1st day of September, 2000.
AMERICAN CONlXACTOR!3 INDEMNITY COMPANY
By: / Andy T. Faust, Jr.zorporate President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
9 9
On this 1st day of September, 2000 before me personally came Andy T. Faust, Jr., Corporate President of American Contractors Indemnity
Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing
instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
,200 3 . AUGUST'$ IN WITNESS HEREOF, I have hereunto set my hand this TH day of
-
JAMES H. FERGUSON, Borporate Secretary Agency No. #9009
rev. POA04/20/01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} ss.
State of California
County of ar~ 31 9 Q
On 7' 800 3 before me,
5.
Name(s) of bgner(s)
Date
personally appeared
personally known to me
proved to me on the basis of satisfactory
to be the person@) whose name(s)@are
subscribed to the wit instrument and
acknowledged to me t@she/they executed
the same in @her/their Qhorized
capacity(ies), and that by hi /her/their
signature(s) on the instrument the person(s), or
the entity.upon behalf of which the person@)
acted, executed the instrument.
vidence
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ,.%Jf &a wd
Document Date: Number of Pages: 3
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing: u
Pmd. No. 59a7 Reorder: Call Toll-Free 14W47Ka827 0 1999 Natial Notary Association - 9350 De Sot0 Ave., P.0, Box 240'2 * Ghatsworth, CA 91313-2402 * www.nafilnotaiy.og
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
cat led "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 CONTRACT NO. 3688, STATION 5 STORAGE BUILDING AND
SKATE PARK RESTROOMS 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 IO 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
Revised 07/29/02 Contract No. 3688 Page 43 of 87 Pages
-. Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor,
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
Name
Signature
Address
/-
For Contractor: Title
Name
Signature
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.
Revised 07/29/02 Contract No. 3688 Page 44 of 87 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
S ig nature
Address
Title
Name
Signature
Address
43 Revised 07/29/02 Contract No, 3688 Page 45 of 87 Pages
SUPPLEMENTAL PROVISIONS
FOR
STATION 5 STORAGE BUILDING AND SKATE PARK
RESTROOMS
CONTRACT NO. 3688
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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 othetwise.
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.
@ Revised 07/29/02 Contract No. 3688 Page 46 of 87 Pages
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility. -
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMW D .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm.. ................................... Commercial
DR .......................................... Dimension Ratio E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ......................................... allons per minute a Revised 07/29/02 Contract No. 3688 Page 47 of 87 Pages
IE Invert Elevation I ............................................
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-I 2)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
ROW ...................................... Right-of-way
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
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
1 - 3.3 INSTITUTIONS. add the Following:
Applicable reference standards include, but are not necessarily limited to, standards of agencies and
associations who may be referred to in the Specifications by the following abbreviations.
1. "AA" - Aluminum Association
900 19th Street, N.W., Suite 300
Washington, D.C. 20006
2. "AABC" Associated Air Balance Council
100 Vermont Avenue, N.W.
Washington, D.C. 20005
3. "AAMA" American Arch'l Manufacturers' Association
2700 River Road, Suite I18
Des Plaines, Illinois 6001 8
4. "AAS HTO" American Assoc. of State Highway and
Transportation Officials
444 North Capitol Street, N.W., Suite 225
Washington, D.C. 20001
5. "ACI"
6. "ADC"
7. "AGC"
American Concrete Institute
P.O. Box 191 50
Detroit, Michigan 4821 9
Air Diffusion Council
230 North Michigan Avenue
Chicago, Illinois 60601
Associated General Contractors of America
1957 E Street, N.W.
Washington, D.C. 20006
Revised 07/29/02 Contract No. 3688 Page 48 of 87 Pages
8. "AI"
9. "AIA
10. "AISC"
1 1 . "AIS E"
12."AISI"
13. "AITC"
14."ANSI"
1 5. "APA"
16. "API"
17. "ARI"
18,"ASCE"
19. "ASHRAE"
20."ASME"
Asphalt Institute
Asphalt Institute Building
College Park, Maryland 20740
American Institute of Architects
1735 New York Avenue
Washington, D.C. 20006
Amer. Institute of Steel Construction, Inc.
400 North Michigan Avenue, 8th Floor
Chicago, Illinois 6061 1
Association of Iron and Steel Engineers
3 Gateway Center, Suite 2350
Pittsburgh, Pennsylvania 15222
American Iron and Steel Institute
11 33 15th Street, N.W., Suite 300
Washington, D.C. 20005
American Institute of Timber Construction
333 West Hampden Avenue
Englewood, Colorado 801 10
American National Standards Institute
1430 Broadway
New York, New York 1001 8
American Plywood Association
P.O. Box 11700
Tacoma, Washington 9841 1
American Petroleum Institute
1220 L Street, N.W. . Washington, D.C. 20005
Air Cond. and Refrigeration Institute
1815 North Fort Myer Drive
Arlington, Virginia 22209
American Society of Civil Engineers
345 East 47th Street
New York, New York 10017
American Institute of Heating, Refrigerat-
1791 Tullie Circle, N.E.
Atlanta, Georgia 30329
ing, and Air Conditioning Engineers
American Society of Mechanical Engineers
345 East 47th Street
New York, New York 1001 7
Revised 07/29/02 Contract No. 3688 Page 49 of 87 Pages
2 1. "ASTM" -
22. "AW I"
23. "AWS"
24."AWWA
25. "BIA"
26. "BOCA"
- 26. C.C.S.D.
27. "CDA"
28.TRSI"
29. "CS"
American Society for Testing and Materials
I91 6 Race Street
Philadelphia, Pennsylvania 191 03
Architectural Woodwork Institute
2310 South Walter Reed Drive
Arlington, Virginia 22206
American Welding Society
P. 0. Box 351040
Miami, Florida 331 35
American Water Works Association
6666 West Quincy Avenue
Denver, Colorado 80235
Brick Institute of America
11490 Commerce Park Drive
Reston, Virginia 22091
Building Officials and Code Administrators,
4051 West Flossmoor Road
Country Club Hills, Illinois 60478
International
City of Carlsbad Standard Drawings
Copper Development Association
405 Lexington Avenue, Fifth Floor
New York, New York 101 74
Concrete Reinforcing Steel Institute
933 North Plum Grove Road
Schaumburg, Illinois 60173
"Commercial Standards" of the
U. S. Department of Commerce
Office of Industry and Commerce
Commodity Standards Division
Washington, D.C. 20230
30. "CSAICAN" Canadian Standards Association
178 Rexdale Boulevard
Rexdale (Tomonto), Ontario
Canada M9W I R3
31 ."DOE"
32. "DOT"
United States Department of Energy
c/o Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
United States Department of Transportation
c/o Superintendent of Documents
Revised 07/29/02 Contract No. 3688 Page 50 of 87 Pages
U.S. Government Printing Office
Washington, D.C. 20402
33. " F G MA
34. "NEMA
35. "N F PA"
36. "PCI"
37 S.D.R.S.D.
38."SMACNA
39."SSPC"
40. "TCA"
4 1 . "U L"
Fiat Glass Marketing Association
331 0 Harrison
Topeka, Kansas 6661 1
National Electrical Manufacturers' Assoc.
2101 L Street, N.W.
Washington, D.C. 20037
National Fire Protection Association
Batterymarch Park
Quincy, Massachuesetts 02269
PrecasffPrestressed Concrete Institute
175 West Jackson Boulevard
Chicago, Illinois 60604
San Diego Regional Standard Drawings
Sheet Metal and Air Conditioning
Contractors' National Association
8224 Old Court House Road
Vienna, Virginia 22180
Steel Structures Painting Council
4400 Fifth Avenue
Pittsburgh, Pennsylvania 1521 3
Tile Council of America, Inc.
P.O. Box 326
Princeton, New Jersey 08540
Underwriters Laboratory
333 Pfingsten Road
Northbrook, liinois 60062
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
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
Contractor's own organization. The City Council shall be the sole body for determination of a violation -
@ Revised 07/29/02 Contract No. 3688 Page 51 of 87 Pages
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows:
is listed in the latest version of U.S. Department of Treasury Circular 570,”.
Delete, “who -
’ 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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS
23.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2000 Edition, and the 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 sheets 1 thru 24 designated as City of Carlsbad Drawing No.
396-1 titled Station 5 Storage Building and Skate Park Restrooms. 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
Revised 07/29/02 Contract No. 3688 Page 52 of 87 Pages
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.
-
2-52 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:
I) 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.
5) Standard Specifications for Public Works Construction. 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.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
-
2-5.3 Shop Drawings and Submittals
2-5.3.1 GENERAL. Add the following: Submittals and shop Drawings not required by the contract
nor requested by the Engineers agency will not be reviewed by the Engineer. The Contractor may
require his subcontractors to provide drawings, setting diagrams, and similar information to help
coordinate the Work, but such data shall remain between the Contractor and his subcontractors and
will not be reviewed by the Engineer unless specifically called for within the Contract Documents as
requested by the Engineer.
Prior to each shop drawing or submittal, the Contractor shall carefully review and coordinate all
aspects of each item being submitted. This will indicate verification that each item and the shop
drawing or submittal for it conforms in all respects with the specified requirements. The Contractor's
signature on the certification for each shop drawing or submittal, certify this coordination has been
performed - see 2-5.3.3
Unless otherwise specified, make submittals in groups containing all related items to assure that
information is available for checking each item within the context of affected items. Partial submittals
may be rejected as not complying with the provisions of the Contract. The Contractor will assume all
responsibilities for impacts due to incomplete shop drawings or submittals.
-
Revised 07/29/02 Contract No. 3688 Page 53 of 87 Pages
2-5.3.2.1 The Engineer will make available AutocAD files for the successful General Conntractor for
the purposes of developing shop drawings. These file will be made available at a cost of $100.00 per
drawing file.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor’s letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
Where contents of submitted literature from manufacturers includes data not pertinent to the
submittal, the Contractor shall clearly show which portion of the contents is being submitted for
review.
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:
Date:
Company Name:
2-5.3.4 SAMPLES. Add the following: Provide Samples required in the contract or required by the
engineer that are identical to the precise article proposed to be provided. Identify as described under
“Identification of submittals” below.
Unless otherwise specified or approved, the Contractor shall submit six samples of any material
requested or specified.
2-5.3.5 COLORS AND PATTERNS, add the following: Unless the precise color and pattern is
specifically called out in the Contract Documents, and whenever a choice of color or pattern is
available in the specified products, submit accurate color and pattern charts as required or requested
by the Engineer.
2-5.3.6 LIST OF SUBMITTALS, add the following: Shop Drawings and Submittals required by the
@ Revised 07/29/02 Contract No. 3688 Page 54 of 87 Pages
Contract Documents include, but are not necessarily limited to:
Section
number:
02660
0281 0
02824
02900
02970
03300
04200
05500
05720
061 00
061 81
061 95
07410
0751 0
07600
07920
08110
08520
0871 0
08800
09260
0931 0
09900
10400
10800
Product data, maintenance data
Product data
Product data, shop drawings
Product data, manuals, certificates
Maintenance agreement
Product data, mix designs
Product data, mock-ups
Product data, shop drawings
Product data, shop drawings
Product data, shop drawings
Product Data - Calcs
Product Data - Calcs
Product data, shop drawings
Product data, subcontractor qualifications, warranty
Product data, shop drawings
Product Data
Product data, shop drawings
Product Data - shop drawings
Product Data
Product data, Samples
Product Data
Product data, Samples, certification
Product data, Samples, extra stock
Product data
Product data,
Division 15000 - see specific sections under Division 15000 for required submittals
Division 16000 - see specific sections under Division 16000 for required submittals
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
-
@ Revised 07/29/02 Contract No. 3688 Page 55 of 87 Pages
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at
the site of the replacement is completed. The Surveyor shall file comer record@) as required by §§
8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8’/;’ by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall
be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys
Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 5s 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and
nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s)
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor
and before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes
shall be set to show the location and grade of future curbs adjacent to traffic signal locations where
the curb is not being built as a part of this contract. Staking and marking shall be completed by the
’3 Revised 07/29/02 Contract No. 3688 Page 56 of 87 Pages
Surveyor and inspected and approved by the Engineer before the start of construction in the area
marked. Centerline monument shall have the disk stamped with the date the monument was set and
the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that
are shown on the plans shall be staked and flagged prior to the start of any other activities within the
limits of the work. When curb and gutter does not exist and is not being installed as a part of the
project the location of adjacent facilities being constructed as a part of the contract the Contractor
shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or
other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor
and/or those noted on the plans as to be installed by others.
-
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Clearing
Slope
Fence
Rough Grade Cuts
or Fills 2 10 m
Feature Staked Stake
Description
Monument
Lath in soil, painted line on PCC & AC surfaces
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
Drainage
Structures, Pipes
& similar
FacilitiesO, 0
Curb
Traffic Signal 0
subbase and
RP + Marker
Stake
RP + Marker Stake
base) I
Asphalt Pavement I RP, paint on Finish Course I previous course I
I Sianal Poles & 1 RP + Marker
CIontroller o I Stake
Junction Box 0 I RP + Marker I Stake 1 RP + Marker Conduit O Stake I
Centerline or Parallel to Centerline
Spacing@, Q
1300m (1 000’), Street Intersections, Begin and end of curves, only when shown on the plans
lath - Intervisible, I 15m (50’) on tangents
& 17.5m (25’) on curves, Painted line - continuous
Intervisible and I 15m (50’)
~ ~~ 5 60 m (200’) on tangents, I 15m (50’) on
:utves when R> 300m (1000’) & 7.5m (25’) 01
curves when FS 300m (1 000’)
5 15m (50’)
I 15 m (50’) on tangents & curves when R1
300m (1000’) & I7.5m (25’) on curves when
R I 300m (1 000’)
I 7.5m (25’) or as per the intersection grid
points shown on the plan whichever provides
the denser information
ntervisible & I7.5m (25’), beginning and end
BC & EC of facilities, Grade breaks,
Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines ‘
17.5m (25’). BC & EC. at %A. Yd & %A on
cutb returns & at beginning & end
Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
at each pole & controller location
at each junction box location
I 15 m (50’) on tangents & curves when R2
300m (1000’) & I 7.5m (25’) on curves when
R I300m‘(1000’) or where grade I 0.30%
Lateral
Spacing 0, Q
~~ on street centerline
at clearing line
Grade Breaks
& 17.6 m (25’)
NIA (constant
offset)
NIA
16.7 m (22’)
edge of
pavement,
paving pass width, crown line & grade breaks
as appropriate
(constant offset)
as appropriate
as appropriate
as appropriate
Setting Tolerance
(Within)
7 mm (0.02’) Horizontal, also see section 2-9.2.1 herein
0.3 m (1’) Horizontal
30 mm (0.1’) Vertical & Horizontal
30 mm (0.1’)
Horizontal
30 mm (0.1’) Vertical & Horizontal
10 mm (‘/$) Horizontal
& 7 mm (‘/c) Vertical
10 mm (3/$) Horizontal
& 7 mm (’/411) Vertical
-.
10 mm (‘/la”) Horizontal
& 7 mm (l/$) Vertical
10 mm (‘/la”) Horizontal & 7 mm (’/c) Vertical
10 mm (%”) Horizontal & 7 mm (‘/$) Vertical
10 mm (%”) Horizontal & 7 mm (1/4e1) Vertical
10 mm (,/E”) Horizontal
&when depth cannot
be measured from existing pavement 7
-
Revised 07/29/02 Contract No. 3688 Page 57 of 87,Pages
p
Stake + Line Stake
RP + Markei Stake + Line
Stake
RP + Markei
Stake + Line
Point +Guar( Stake
RP + Markei
Stake + Line
Point +Guar(
Stake
RP
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake + Line
Point +Guarc
Stake
RP + Marker
Stake
RP + Marker
Stake
0 Staking for feature may be om
and the accuracy requirements
0 Reference points shall be
- ?d when adjacent marker stakes reference the offset and elevation of those features
sufficiently durable and set securely enough to survive with accuracy intact throughout the of the RP meet the requirements for the feature
mm (‘/4”) Vertical
10 mm (%”) Horizontal as appropriatc Minor Structure d for catch basins: at centerline of box, ends oi
box & wings & at each end of the local
depression 0 & 7 mm (‘/k”) Vertical
(when vertical data
needed)
30 mm (0.1’) Vertical &
Horizontal
7 mm (’/4”) Horizontal & 7 mm (‘~“1 Vertical
Abutment Fill as appropriate 5 15 m (50’) & along end slopes & conic transitions
I 15 m (50’) and at beginning & end of each
wall, BC & EC, layout line angle points,
changes in footing dimensions &/or elevation
& wall height
3 m to 10 m (IO’ to 33’) as required by the
Engineer, BC & EC, transition points & at
beginning & end. Elevation points on footing:
at bottom of columns
3 m to 10 m (IO’ to 33’) sufficient to use strinc
lines, BC & EC, transition points & at
Deginning & end. Elevation points on footing: at bottom of columns
Wall 0 as appropriate
Major Structure Q
Footings, Bents
Abutments &
Wingwalls
10 mm (‘/a“) Horizontal
8 7 mm (’14”) Vertical
as appropriate
Superstructure5 as appropriate IO rnm (‘//e”) Horizontal
& 7 mm (’/4*’) Vertical
Miscellaneous 8
Contour Gradinc S 15 m (50’) along contour line
as appropriate
as appropriate
30 rnm (0.1’) Vertical &
Horizontal
IO mm (‘la”) Horizontal
& 7 mm (l/4’*) Vertical
30 mm (0.1’)
Horizontal & 7 mm
t/dlv\ Vertical
0
Utilities 0, 0 I 15 m (50’) on tangents & curves when Rr
300m (1000’) & 5 7.5171 (25’) on curves when
R I300m (1000’) or where grade I 0.30%
intervisible & I 30 m (1 00’), BC & EC of
facilities, Grade breaks, Alignment breaks,
Junctions, Inlets & similar facilities
At sign location
Channels, Dikes
& Ditches 0
Signs 0 10 mm (0.1’) Vertical &
Horizontal
Line point
as appropriate Subsurface
Drains 0 intervisible & 5 15m (50’), BC & EC of ~~
facilities, Grade breaks, Alignment breaks,
Junctions, Inlets & similar facilities, Risers &
similar facilities
longitudinal location
30 mm (0.1’)
Horizontal & 7 mm
(1/411) Vertical
30 mm (0.1’)
Horizontal & 7 mm
Overside Drains
0 At beginning &
end
At marker
location(s)
at railing &
barrier location (s)
as appropriate
(l/4”) Vertical
7 mm (’/4”) Horizontal Markers 0 RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP
for asphalt street surfacing I 15 m (50’) on
.angents & curves when Rr 300m (1 000’) & I
7.5m (25’) on curves when R I 300m (1000’).
At beginning & end and 5 15 m (50’) on 0 mm (‘la”) Horizontal
& Vertical
Railings & Barriers 0 angents & curves when R 2 300m (1 000’) & 5
7.5m (25’) on curves when R I 300m (1000’)
At beginning & end
3 m to IO m (1 0’ to 33’) as required by the
Engineer, BC & EC, transition points & at leginning & end. Elevation points on footings 8 at invert
50 m (200’) on tangents, 15m (50’) on curves
when R 2 300m (1 000’) 8 7.5m (25’) on
curves when R 5 300m (1000’) For PCC
AC Dikes 0
Box Culverts
30 mm (0.1’)
Horizontal & Vertical
0 mm (‘/a”) Horizontal
& 7 mm (’14.) Vertical
as appropriate
7 mm (’/4“) Horizontal Pavement
Markers 0
at pavement
marker location( s)
surfaced streets lane cold joints will suffice
Revised 07/29/02 Contract No. 3688 Page 58 of 87 Pages
(D Perpendicular to centerline.
0 Some features are not necessarily parallel to centerline but are referenced thereto
0 Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
8 1 means greater than, or equal to, the number following the symbol. 5 means less than, or equal to, the number fol-
lowing the symbol. 0 The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
other utilities shall be the top of their pipe or conduit.
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Vertical Control
Clearing
Grading
Structure
Drainage, Sewer, Curb
Rig ht-of-Way
Miscellaneous
~~ Type of Stake I Description I Color*
Horizontal Control I Coordinated control points, control lines, control reference points, centerline, I White/Red
Bench marks White/Orange
Limits of clearing YellowlBlack
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc.
Bridges, sound and retaining walls, box culverts, etc. White
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slope protection, curbs, gutters, etc.
Fences, R/ W lines, easements, property monuments, etc. W hiteNellow
Signs, railings, barriers, lighting, etc. 1 Orange -
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And inspection, Contractor agrees to maintain 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
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
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, -
Revised 07/29/02 Contract No. 3688 Page 59 of 87 Pages
.-
.-
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.
2-1 1 BUILDING PERMIT - add the following:
The Contractor is responsible for scheduling and coordinating all Building Department inspections
and other activities pursuant to Building Department policies and procedures. The costs for any
impact to the Contractoras a result of scheduling and coordinating with the Building Department shall
be borne by the Contractor. Provide Engineer with 24 HR advance notice of all required inspections.
2-12 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 2-12 shall be included in the
various bid items and no additional payment will be made therefor.
Throughout progress of the Work, maintain an accurate record of changes in the Contract
Documents, as described below and, upon completion of the Work, transfer the recorded changes to
a set of Record Documents.
The Engineer's approval of the current status of Project Record Documents may be a prerequisite to
the Engineer's approval of requests for progress payment and request for final payment to the
contract.
Prior to submitting each request for progress payment, the Contractor shall secure the Engineer's
approval of the current status of the Project Record Documents. The Agency will withhold $5,000 for
each month that the Project Record Drawings are deemed deficient by the Engineer.- Agency will
take over maintenance of the PRD after two (2) deficiency reviews and will complete the work at
Contractor's cost.
Prior to submitting request for final payment, submit the final Project Record Documents to the
Engineer and secure his approval.
The Contractor shall assign responsibility for maintenance of Record Documents to one person on
the Contractor's staff as approved by the Engineer.
Thoroughly coordinate changes within the Record Documents, making adequate and proper entries
on each page of Specifications and each sheet of Drawings and other Documents where such entry
is required to show the change properly.
.Accuracy of records shall be such that future search for items shown in the Contract Documents
may rely reasonably on information obtained from the approved Project Record Documents.
All entries will be made within 24 hours after receipt of information that the change has occurred.
a Revised 07/29/02 Contract No. 3688 Page 60 of 87 Pages
2- 12.1 RECORD DRAWING MAINTENANCE
The Contractor shall maintain the job set of Record Documents completely protected from
deterioration and from loss and damage until completion of the Work and transfer of all recorded
data to the final Project Record Documents to AutoCAD electronic file. The Contractor shall provide
the agency with a CD ROM file of all of the Contract Record Drawings and a full sized (24" x 36") set
of mylar drawings will be delivered to the Eingineer at the completion of the project. These final
Record Documents will be the responsibility of the General Contractor - no exceptions.
Promptly following receipt of the Notice to Proceed, the Contractor shall secure from the Engineer
one complete set of all Documents comprising the Contract Documents at no cost to the Contractor.
Immediately upon receipt of the job set described in Paragraph 2.1-A above, identify each of the
Documents with the title, "RECORD DOCUMENTS -JOB SET."
Considering the Contract completion time, the probable number of occasions upon which the
job set must be taken out for new entries and for examination, and the conditions under
which these activities will be performed, devise a suitable method for protecting the job set to the
approval of the Engineer.
Do not use the job set for any purpose except entry of Dew data and for review by the Engineer, until
start of transfer of data to final Project Record Documents.
Maintain the job set at the site of Work.
Entries will be made using an erasable colored pencil (not ink or indelible pencil), clearly
describe the change by graphic line and note as required.
All entries will be dated.
"Cloud" each entry. Different colors shall be used for the overlapping changes.
The hard copy record drawing data shall be transferred into electronic AutoCAD format "DWG" files.
Contractor shall provide entry of all electronic record data at no additional cost to the Agency.
Make entries in the pertinent other Documents as approved by the Engineer.
2-12.1.1 CONVERSION OF SCHEMATIC LAYOUTS: In some cases on the Drawings,
arrangements of conduits, circuits, piping, ducts, and similar items, is shown schematically and are
not intended to portray precise physical layout. Final physical arrangement is determined by the
Contractor, subject to the Engineer's approval.
Show on the job set of Record Drawings, by dimension accurate to within one inch, the
centerline of each run of items such as are described in subparagraph 2 - 12.l.labove.
Clearly identify the item by accurate note such as "cast iron drain," "galv. water," and the like.
Show, by symbol or note, the vertical location of the item ("under slab," "in ceiling plenum,"
"exposed," and the like). Make all identification so descriptive that it may be related reliably to the
Specifications. The Engineer may waive the requirements for conversion of schematic layouts
where, in the Engineer's judgment, conversion serves no useful purpose. However, do not rely
upon waivers being issued except as specifically issued in writing by the Engineer.
The purpose of the final Project Record Documents is to provide factual information regarding all
e \@ Revised 07/29/02 Contract No. 3688 Page 61 of 87 Pages
aspects of the Work, both concealed and visible, to enable future modification of the Work to
proceed without lengthy and expensive site measurement, investigation, and examination.
2 - 12.1.2
described above, and prior to start of transfer of recorded data thereto, secure the Engineer‘s
approval of all recorded data and then make required revisions.
ACCEPTANCE OF RECORD DRAWINGS: Following receipt of the transparencies
The Contractor will carefully transfer change data shown on the job set of Record Drawings
to AutoCAD format using the Agencys Contract Document AutoCAD files as a base
coordinating the changes as required.Clearly indicate at each affected detail and other Drawings
a full description of changes made during construction, and the actual location of items
described above. Call attention to each entry by drawing a “cloud” around the area or
areas affected. Make changes neatly, consistently, and with the proper media to assure
longevity and clear reproduction.
If the Documents other than Drawings have been kept clean during progress of the Work, and if
entries thereon have been orderly to the approval of the Engineer, the job set of these Documents
other than Drawings will be accepted as final Record Documents. If any such Document is not so
approved by the Engineer, the Contractor shall secure a new copy of that Document from the
Engineer at the Engineer’s usual charge for reproduction and handling, and carefully transfer the
change data to the new copy to the approval of the Engineer.
The Contractor shall submit the completed set of Project Record Documents to the Engineer as
described in Paragraph above. The Engineer shall participate in review meetings as required and
make required changes and promptly deliver the final Project Record Documents to the Engineer.
The Contractor has no responsibility for recording changes in the Work subsequent to Final
Completion, except for changes resulting from work performed under Warranty.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, In the case of an increase or decrease in quantity of a minor bid item,
the sole basis for payment to the Contractor will be the sum the quantity of the minor bid items
changed, times the value of the minor bid items as defined in the current “Means Building
Construction Costs Data - Western Edition”. The values used will be the “Total lncl O&P” Cost.
Values will be adjusted using the City Cost Index for San Diego, California and are inclusive of all
equipment, labor, material, subcontractor, taxes, insurance, overhead and profit.
Where an exact minor bid item match is not found in the “Means Cost Data”, the closest approximate
match as determined by the Engineer will be used. The Contractor will provide a Detailed Quantity
Survey and a Line Item Summary satisfactory to the Engineer with each minor bid item change
request.
3-3 EXTRA WORK.
3-3.3 Daily Reports by Contractor, Contractor is required to provide the Engineer on a daily basis,
complete daily reports.
Payment for extra work will not be made until such time that the Contractor submits completed daily
reports and all supporting documents to the Engineer.
Revised 07/29/02 Contract No. 3688 Page 62 of 87 Pages
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
-
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
-
’3 Revised 07/29/02 Contract No. 3688 Page 63 of 87 Pages
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE I .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 include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant. e Revised 07/29/02 Contract No. 3688 Page 64 of 87 Pages
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency‘s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to 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 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
-
a Revised 07/29/02 Contract No. 3688 Page 65 of 87 Pages
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.
Add the following:
Throughout the Contract Documents, reference is made to codes and standards which establish
qualities and types of workmanship and materials, and which establish methods for testing and
reporting on the pertinent characteristics.
Where materials or workmanship are required by these Contract Documents to meet or exceed the
specifically named code or standard, it is the Contractor's responsibility to provide materials and
workmanship which meet or exceed the specifically named code or standard.
It is also the Contractor's responsibility, when so required by the Contract Documents or by
written request from the Engineer, to deliver to the Engineer all required proof that the materials or
workmanship, or both, meet or exceed the requirements of the specifically named code or standard.
Such proof shall be in the form requested by the Engineer, and generally will be required to be
copies of a certified report of tests conducted by a testing agency approved for that purpose by the
Engineer.
Documents affecting work of this Section include, but are not necessarily limited to the Contract
Documents and Supplemental Provisions of these Specifications. Specific naming of codes
or standards occurs on the Drawings and/or in these Specifications.
In procuring all items used in this Work, it is the Contractor's responsibility to verify the detailed
requirements of the specifically named codes and standards and to verify that the items procured for
use in this Work meet or exceed the specified requirements.
The Engineer reserves the right, and without prejudice to other recourse the Engineer may take, to
accept non-complying items subject to an adjustment in the Contract Amount as approved by the
Engineer.
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
@ Revised 07/29/02 Contract No. 3688 Page 66 of 87 Pages
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,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials andlor on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor. -
4-1.4.1 ROOFING INSPECTION add the following:
4-1.4.2 Roofing Inspector, The Agency will employ at his cost a full-time roofing inspector
throughout the roofing portion of the work. The contractor will give 48 hour advance notice of pending
roofing work for the roofing inspector to be on the site during the work.
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.
The Contractor is responsible for the satisfactory performance of substituted items.
The Contract is based on standards of quality established in the Contract Documents. In
agreeing to the terms and conditions of the Contract, the Contractor has accepted a
responsibility to verify that the specified products will be available and to place orders for
all required materials in such a timely manner as is needed to meet the approved
construction schedule.
Delays in construction arising by virtue of the nonavailability of a specified material and/or method will
not be considered by the Engineer as justifying an extension of the agreed Time of Completion.
,-
Revised 07/29/02 Contract No. 3688 Page 67 of 87 Pages
REQUEST FOR SUBSTITUTIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
This form must be completed and signed before any request for substitution will be consid-
ered.
This form will be used to initiate any substitution of an unspecified item for one specified.
Specified item: Specifications Section: Page: Para./Line: Specified Item:
Proposed Substitution:
Complete product description, drawings, photographs, performance and test data, and other
information necessary for evaluation is attached.
What differences exist between the proposed substitution and the specified item?
Does the proposed substitution affect drawings dimensions?
Yes No - If “yes” explain:
Will changes be required in the building design in order to properly install the proposed
substitution? Yes No - If “yes” explain:
Will the undersigned pay for all changes to the building design, including engineering and
drawing costs, caused by the proposed substitution?
Yes No
What effect does the proposed substitution have on other trades?
Does the manufacturer‘s warranty on the proposed substitution differ from that specified?
Yes No - If “yes” explain:
Will the proposed substitution affect the construction progress schedule? Yes No - If “yes” explain:
Revised 07/29/02 Contract No. 3688 Page 68 of 87 Pages
IO.
11.
12.
Will maintenance and service parts be locally available for the proposed substitution?
Yes No - If “no” explain:
Proposed total change in contract sum including changes in the work necessary to
accommodate this change:
Proposed Change to the contract sum:
Provide signature identical : (for City use only)
to that shown on the bid form
Bidder Accepted
by Accepted as noted
Address Not Accepted
Received too late
Telephone : By
Date : Date
: Remarks
Revised 07/29/02 Contract No. 3688 Page 69 of 87 Pages
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
4-2.1 STORAGE AND PROTECTION
Protect products scheduled for use in the Work by means including, but not necessarily limited
to, those described in this Section.
Include within the Contractor's quality assurance program such procedures as are required to
assure full protection of work and materials.
Except as otherwise approved by the Engineer, determine and comply with manufacturers'
recommendations on product handling, storage, and protection.
All products delivered to the job site shall be in their manufacturer's original container, with labels
intact and legible. Maintain packaged materials with seals unbroken and labels intact until time of
use. Promptly remove damaged material and unsuitable items from the job site, and promptly
replace with material meeting the specified requirements, at no additional cost to the Agency.
The Engineer may reject as non-complying such material and products that do not bear
identification satisfactory to the Engineer as to manufacturer, grade, quality, and other pertinent
information.
The Contractor shall protect finished surfaces, including jambs and soffits of openings used as
passageways, through which equipment and materials are handled.
The Contractor shall provide protection for finished floor surfaces in traffic areas prior to allowing
equipment or materials to be moved over such surfaces.
All finished surfaces shall be maintained clean, unmarred, and suitably protected until accepted by
the Agency.
In event of damage the Contractor will promptly make replacements and repairs to the approval of
the Engineer and at no additional cost to the Agency.
Revised 07/29/02 Contract No. 3688 Page 70 of 87 Pages
Additional time required to secure replacements and to make repairs will not justify an extension in
the Contract Time of Completion.
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.
54 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
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. -
5-6 COOPERATION. Add the Following:
The Utility Companies and utility contractors involvement in the project are as follows:
Electrical Utility - SDG & E:
Gas Utility - SDG & E:
Water Utility - Carlsbad Municipal Water District:
Sewer Utility - Carlsbad Municipal Water District:
Phone Utility - Pac-Bell:
Cable Utility - Adelphia:
Voice and Data Campus Backbone - Anixter
5-6-1 COOPERATION. Add the following:
The Contractor is noticed that there are utilities requiring relocation as part of the Work. The work
specified in the appendices represents work performed by the Contractor and/or various utility
Revised 07/29/02 Contract No. 3688 Page 71 of 87 Pages
companies and/or by others. The Contractor shall coordinate all utility work so as to maintain
uninterrupted service during construction. A brief summary of this work is as follows.
-
The Contractor will trench, install all electrical conduit and substructures, bed, and backfill all
trenches for the electrical relocation and service and will coordinate the installation of the new cable
and its activation by SDG&E.
The contractor will schedule and chair a utility coordination meeting within five working days of Notice
to Proceed to ascertain utility noticing requirements and associated activity duration's for work to be
done by others. The baseline construction schedule will include these activities and durations.
The City may grant time extensions for delays not caused by the Contractor for utility work done by
others. However, the Contractor will not be compensated for such delays.
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 ten (1 0) calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1 .I 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.
Revised 07/29/02 Contract No. 3688 Page 72 of 87 Pages
Add the following section:
6-1.2.1 Time-Scaled 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 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:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoff
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in
a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or
equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a
scheduling program other than the “Suretrak program by Primavera or “Project” program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted
program that are fully licensed to the Agency and 32 class hours of on-site training by the program
publisher for up to eight Agency staff members. The classes shall be presented on Mondays through
Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be
held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall
be submitted to the Engineer for approval five working days before the start of the on-site training.
The on-site training shall be completed prior to the submittal of the first Baseline Construction
Schedule.
-
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.
to whatever party or contingency first exhausts it.
Float or slack time within the schedule is available without charge or compensation
a Revised 07/29/02 ContractNo.3688 Page 73 of 87Pages
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
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 6-1.2.1 0.3.
Add the following section:
6-1.2.10.1 “Accepted.”
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1 3.1.
The Contractor may proceed with the project work upon issuance of the
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
Revised 07/29/02 Contract No. 3688 Page 74 of 87 Pages
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 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
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’/21)) 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.
with an explanation for each change.
A list of all changes made to the activities or to the interconnecting logic,
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:
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
-
Revised 07/29/02 Contract No. 3688 Page 75 of 87 Pages
.-
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.”
for the schedule in accordance with section 6-1.8.2.
The Contractor may proceed with the project work, and will receive payment
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
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.
@ Revised 07/29/02 Contract No. 3688 Page 76 of 87 Pages
Add the following section:
6-1.8 Measurement and Payment. Construction Schedule will be paid for at the lump sum price
bid. The lump sum price paid for Construction Schedule shall include full compensation for furnishing
all labor, materials including, but not limited to, the computer hardware and software, tools,
equipment, and incidentals; and for doing all the work involved in attending meetings, preparing,
furnishing, updating, revising the tabular, bar and flow chart Construction Schedules and narrative
reports required by these supplemental provisions and as directed by the Engineer. The Engineer’s
determination that each and any construction schedule proposed by the Contractor complies with the
requirements of these supplemental provisions shall be precedent to each and any payment for the
Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1
through 6-1.8.3.
Add the following section:
6-1.8.1 Initial Payment. A 30% payment of bid item No. A-2, “Construction Schedule” will be made
when the Engineer has accepted a Construction Schedule for this project
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. A prorated Monthly Updated
Construction Schedule Payment will be made subsequent to the initial payment for the Construction
Schedule for each monthly Construction Schedule, updated as required herein, that the Engineer
has accepted as sufficient within the month that the monthly progress payment pertains. No payment
shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is
not marked “Accepted” by the Engineer on or before the twentieth working day of the month such
monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates
and Revisions. The sum of the amounts paid for Construction Schedule during the initial and
subsequent payment periods, or extensions to the contract, shall not exceed the lump sum price for
Construction Schedule.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 ORDER OF WORK. The work to de done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The Work includes site improvements, Fire
Station Storage Building and Skate Park restroom.
The contractor is notified that the project site is part of an existing City facilities campus that includes
the Safety Center, Fleet Maintenance, and Fire Station 5. The contractor must conduct its
operations in such a manner that impacts to these critical functions are minimized.
All utilities to the Safety Center, Fleet Maintenance Building and fuel island, and Fire Station 5 must
remain in service at all times.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. The
Contractor’s 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.
Each Project Meeting shall be attended by the Contractor’s Representative.
- k4 Revised 07/29/02 Contract No. 3688 Page 77 of 87 Pages
6-2.4 REQUESTS FOR INFORMATION
Assumption of prior know1edge:Instructions to Bidders for this Work state requirements that, prior to
submitting a bid, bidders become thoroughly familiar with the proposed Contract Documents and
that they request and secure clarification of all matters on which there may be any question as to
design intent.
Reasons for these requirements include the Agency's expectation that bidders have
complete knowledge of the proposed Work in order to propose a fair and proper bid price;
to discourage frivolous requests for information while encouraging acquisition of complete
familiarity with the Drawings, Specifications, and other Documents of the Contract.
To avoid unnecessary time-consuming and effort-consuming requests for information during
progress of the Work.
Contractor shall act as the sole responsible party for material, methods, techniques, procedures and.
sequence so to successfully coordinate parts to interface all elements in there proper fit. The
contractor shall field coordinate items using attention, care, judgement with skill as practices to
industry standards with each tradesman.
However, the Agency and the Engineer recognize that the Contract Documents may
require clarification. Therefore the following procedures are established for requesting such
data. Prior to requesting information, the Contractor shall conduct a thorough search of
the Contract Documents and determine that the information is apparently missing from the
Contract Documents or requires clarification of an alleged conflict of data. Fill out a photocopy of the jointly approved "Request for Information" form and
submit it to the Engineer.
The Engineer will conduct the necessary search and respond within IO working days. Should the information be missing, or require clarification, the Engineer will
respond by giving the appropriate information to the Contractor. Should the infomation already
be clearly shown in the Contract Documents, the Engineer will so advise the Contractor by stating
the location of the requested information and the Agency may deduct the sum of One
Hundred Dollars ($1 00.00) from the Contract Sum, not as a penalty but as reimbursement
the Engineer's time and effort devoted to research and handling.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
Modify as follows:
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 100 working days after the starting date specified in the Notice to Proceed.
Revised 07/29/02 Contract No. 3688 Page 78 of 87 Pages
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
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 ofice of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
-
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five hundred Dollars ($ 500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that !§ 500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
- 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.
74 WORKERS' COMPENSATION INSURANCE.
a Revised 07/29/02 Contract No. 3688 Page 79 of 87 Pages
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
contractor will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits, except those specifically excluded or already obtained, necessary to
perform work for this contract on Agency property, in streets, highways (except State highway right-
of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to
the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all
materials removed from the project. The cost of said permit(s) shall be included in the price bid for
the appropriate bid item and no additional compensation will be allowed therefor. All deferred
Building Permits are excluded and will be the responsibility of the contractor.
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.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following:
The Contractor shall coordinate and cooperate with all the utility companies and all vendors,
contractors, or suppliers of items designated to be Owner Furnished Owner Install (OFOI). 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.
All OF01 items of work will have activities with approved duration's on the baseline construction
schedule.
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.
The Contractor shall use only the cleaning materials and equipment which are compatable with the
surface being cleaned, as recommended by the manufacturer of the material.
Retain stored items in an orderly arrangement allowing maximum access, not impeding traffic or
drainage, and providing required protection of materials.
Structures: Weekly, and more often if necessary, inspect the structures and pick up all scrap, debris,
and waste material. Remove such items to the place designated for their storage. Weekly, and more
e Revised 07/29/02 Contract No. 3688 Page 80 of 87 Pages
-. often if necessary, sweep interior spaces clean. "Clean," for the purpose of this subparagraph, shall
be interpreted as meaning free from dust and other material capable of being removed by use of
reasonable effort and a hand-held broom. As required preparatory to installation of succeeding
materials, clean the structures or pertinent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material, using equipment and materials
required to achieve the necessary cleanliness. Following the installation of finish floor materials,
clean the finish floor daily (and more often if necessary) at all times while work is being performed in
the space in which finish materials are installed. "Clean," for the purpose of this subparagraph, shall
be interpreted as meaning free from foreign material which, in the opinion of the Engineer, may be in-
jurious to the finish floor material.
7.8.2 Final Cleaning
"%lean," for the purpose of this Article, and except as may be specifically provided otherwise, shall
be interpreted as meaning the level of cleanliness generally provided by skilled cleaners using
commercial quality building maintenance equipment and materials.
Prior to completion of the Work, remove from the job site all tools, surplus materials, equipment,
scrap, debris, and waste. Conduct final progress cleaning as described above.
Structures - Exterior: Visually inspect exterior surfaces and remove all traces of soil, waste materials,
smudges, and other foreign matter. Remove all traces of splashed materials from adjacent surfaces.
If necessary to achieve a uniform degree of cleanliness, hose down the exterior of the structure. In the event of stubborn stains not removable with water, the Engineer may require light
sandblasting or other cleaning at no additional cost to the Agency
Structures - Interior: Visually inspect interior surfaces and remove all traces of soil, waste materials,
smudges, and other foreign matter. Remove all traces of splashed material from adjacent surfaces.
Remove paint droppings, spots, stains, and dirt from finished surfaces. Glass: Clean inside and
outside. Polished surfaces: To surfaces requiring routine application of buffed polish, apply the
polish recommended by the manufacturer of the material being polished.
Schedule final cleaning as approved by the Engineer to enable the Agency to accept a completely
clean Work.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
. testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following:
prevent damage by all traffic, including but not limited to mail delivery.
The Contractor shall schedule the work so as to
The Contractor shall not
Revised 07/29/02 Contract No. 3688 Page 81 of 87 Pages
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City's contracted waste disposal company, Coast Waste Management at 929-941 7.
x
Complete and free access by the public and city staff to Fire Station 5, The Safety Center, and The
Maintenance Building must be maintained at all times - no exceptions.
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 partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor's permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business Agency 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.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer ......................................................................................
2) Carlsbad Fire Department Dispatch ...................................................
3) Carlsbad Police Department Dispatch ...............................................
4) Carlsbad Traffic Signals Maintenance ...............................................
(760) 438-1161 X-4411
(760) 931 -21 97
(760) 931 -21 97
(760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500
6) North County Transit District .............................................................. (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
. The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," 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,
Revised 07/29/02 Contract No. 3688 Page 82 of 87 Pages
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
-
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 31 0-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
-
Add the following section:
7-10.3.3 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
Revised 07/29/02 Contract No. 3688 Page 83 of 87 Pages
- system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System
for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer‘s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 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
@ Revised 07/29/02 Contract No. 3688 Page 84 of 87 Pages
TRAFFIC CONTROLS", 1996 as published by the State of California Department of Transportation.
Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered
professional engineer appropriately registered in the State of California. The Engineer shall be the
sole judge of the suitability and quality of any such modifications, supplements, and/or new designs
to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the
TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to
the TCP prepared by the registered professional engineer retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new
design shall not be implemented and no work shall be commenced that is contingent on such
approval until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the
Agency in any fashion. Submittal and review requirements for such modifications, supplements,
and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and
Submittals.
-
Add the following section:
7-10.3.7 Payment. Payment for traffic control shall be included in the actual bid items requiring
traffic control and no additional payment will be made therefore. Traffic control shall include
furnishing all labor (including flagging costs), materials (including signs), tools, equipment and
incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic
control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive,
removing, storing, maintaining, moving to new locations, replacing, and disposing of the components
of the traffic control system as approved and additions or modifications, as specified in these
supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and
review modifications, additions, supplements and/or new TCP designs shall be included in traffic
control and no additional payment will be made therefore. Progress payments for "Traffic Control"
will be based on the percentage of the improvement work completed.
-
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows:
the U.S. Standard Measures.
The system of measure for this contract shall be - \# Revised 07/29/02 Contract No. 3688 Page 85 of 87 Pages
-
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 685.01 0 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not ap,proved 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
Revised 07/29/02 Contract No. 3688 Page 86 of 87 Pages
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.
into the will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section:
9-3.4.1 Mobilization Payment for mobilization and preparatory Work will be made at the lump-sum
price bid as noted in the bid schedule, and includes full compensation for furnishing all insurance,
bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work
involved in mobilization and preparatory work and operations, including, but not limited to, those
necessary for the movement of personnel, equipment, supplies, and incidental to preparing to
conduct work on and off the project site and other offsite facilities necessary for work on the project;
for all other facilities, sureties, work and operations which must be performed or costs incurred prior
to beginning work on various contract items on or off the project site, excepting those specifically
paid for under separate sections of these specifications.
Progress payments for Mobilization will be made as follows: For the first progress payment (after the
issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And
Preparatory Work will be allowed. For the second progress payment, an additional sixty percent
(60%) of the amount bid for mobilization and preparatory work will be allowed therefor.
Revised 07/29/02 Contract No. 3688 Page 87 of 87 Pages
SUPPLEMENTAL PROVISIONS
FOR
STATION 5 STORAGE BUILDING AND SKATE
PARK RESTROOMS
PART 2, TECHNICAL SPECIFICATIONS
PROJECT DIRECTORY
Owner: City Of Carlsbad;
Director of Public Works for City of Carlsbad
1635 Faraday, Carlsbad, CA 92008
Ph. (760) 438-1 161 Gen Ph,(760) 602-4600 Lloyd Hubbs,
Architects:
Gillis and Associates Architects, Inc.
2900 Bristol Street # G-205, Costa Mesa, CA 92626
Architect of Record: Donald Gillis AIA- 714-668-4260 Ext 13
Soils Engineer; Leighton and Associates, Inc.
3934 Murphy Canyon Road, B205, San Diego, CA 92123
Contact: Sean Colorado (858) 292-8030 fax (858) 292-0771
Structural:
R.M. BYRD and Associates, 1nc.-Rick Byrd
537 N. Euclid Avenue, Ontario, CA 91762
909-983-5599 fax 909-983-4456 e-mail; rbyrd@rmbyrd.com
Landscape: Harry Kobzeff & Associates
23121 Verdugo Drive, Laguna Hills, CA 92653
949-770-7340 Cell: 949-400-57 1 8,949-770-8385 Fax
Contact; Harry Kobzeff; kobzeffla@earthlink.net
Cost Estimator: Construction Consultants Collaborative
25602 Alicia Parkway #234, Laguna Hills, CA 92653
949-362-50 1 1,949-362-4920 Fax,
Contact; Sam Sampson c3sampson@,home.com
PROJECT DIRECTORY
00002-1
Project No. 3688 03 Jan 03
Section 00005
Part 2 - TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
,-
00002 Project Directory
00005 Table of contents
Division 1 - General requirements:
01010 Summary of the Work
01027 Applications for payment
01028
01045 Cutting and patching
01050
01090 Reference standards
01 100 Alternatives
01 170 Requests for information
0 1200 Project meetings
01310 Progress schedules
01340
01370 Schedule of values
01380 Construction photographs
01410 Testing laboratory services
01450 Environment protection
01500
01620 Storage and protection
01630 Product options and substitutions
01700 Contract closeout
01710 Cleaning
01720 Project Record Documents
01730 Operation and maintenance data
0 1900 Seismic bracing and anchoring (Additionally see General Provisions
Section 7-1 4)
Change Order procedure (Additionally see General Provisions Section 3)
Field engineering (Additionally see General Provisions Section 2-9)
Shop Drawings, Product Data, Samples
Construction facilities and temporary controls
Division 2 - Site work:
02010 Subsurface investigation
02050 Demolition (Sitework)
02100 Site preparation
021 10 Clearing
02150 Shores
02220 Excavating, backfilling, and compacting
TABLE OF CONTENTS
Project No. 3688 03 Jan 03
00005-1
02280
02501
02529
02660
02720
02810
02829
02900
02970
Soil treatment
Paving and resurfacing (Patch & Repair)
Concrete curbs gutters and sidewalks
Piping systems and accessories
Drainage
Landscape Irrigation
Temporary Fences
Landscape planting
Landscape maintenance
Division 3 - Concrete: 03300 Cast-in-place concrete
Division 4 - Masonrv:
04200 Unit masonry
Division 5 - Metals:
05500 Metal fabrications
05720 Metal handrails
Division 6 - Wood and dastics:
06 100 Rough carpentry
06181 Glue-laminated structural units
06195 Prefabricated wood beams and joists
Division 7 - Thermal and moisture protection:
07410 Preformed metal roofing
075 10
07600 Flashing and sheet metal
07920 Sealants and calking
Gravel surfaced bituminous roofing
Division 8 - Doors and windows:
08110 Metal doors and frames
08520 Aluminum Windows
0871 0 Finish hardware
08800 Glazing
Division 9 - Finishes:
09260 Gypsum wallboard system
093 10 Ceramic tile
09900 Painting
Division 10 - Smcialties:
10400 Exterior Signage
10800 Toilet room accessories
TABLE OF CONTENTS
00005-2
Project No. 3688 03 Jan 03
Division 11 - Eauipment: lNOT USED)
Division 12 - Furnishinm: NOT USED)
Division 13 - Special construction: (NOT USED)
Division 14 - Conveying systems: (NOT USED)
Division 15 - Mechanical:
15405 Plumbing (DESIGN BUILD SPECIFICATION)
15500 WAC (NOT USED)
Division 16 - Electrical:
16400 Electrical (DESIGN BUILD SPECIFICATION)
END OF SECTION
TABLE OF CONTENTS
Project No. 3688 03 Jan 03
00005-3
SECTION 01010
SUMMARY OF THE WORK
PART 1 - GENERAL
1.01 PROJECT STATEMENT
The purpose of this project is to provide needed storage space for Fire Station
5 and public toilet facilities for the Skate Park, existing and adjacent.
1.02 WORK UNDER THIS CONTRACT AGREEMENT
The Work includes the construction of new structures and improvements
drectly adjacent to existing Fire Station 5, and the existing Skate Park for the
City of Carlsbad, in accordance with the intent of the Contract Documents as
stated in the General Provisions, excluding only the Work indicated or
specified to be provided by the Owner or others under separate contract or
other arrangement.
1.03 DESCRIPTION OF WORK
A. Work included:
1. The "Project," is titled "Station 5 Storage Building and Skate Park Restrooms"
2. Site work includes demolition, grading, paving, striping, utilities, landscaping, irigation, signs and other required site accessories complete.
3. The "Building Structure Work" of this Contract is to include the construction of
the building and all sitework shown on the Construction Documents. The
building requires all disciplines including Structural, Architectural, HVAC
(ventilation only), Plumbing, Electrical, and items as required for
occupancy.(Interior Furnishing Items and equipment are N.1.C by owner's
contractor). The following buildings outlined as follows:
BUILDING
1,881 SQ FT, Single story, Type W, Concrete Masonry Building with
Wood Framed Roo$
Occupancy Type S-2
Building Height 20 FT
Site work, as indicated on the drawings.
.-
SUMMARY OF WORK
01010 - 1
Project No. 3688 03 Jan 03
WAC (ventilation on&) is a Design Build Component of the Project and is
to include approved and permitted drawings prepared by the General
Contractor
PLUMBING is a Design Build Component of the Project and is to include
approved and permitted drawings prepared by the General Contractor
ELECTRICAL is a Design Build Component of the project and is to include
approved and permitted drawings prepared by the General Contractor
B. General Notes
1. Coordinate the work of all trades including verifylng location of site utilities and
existing conditions.
2. Apply for, obtain, and pay for permits (excepting the building permit), fees, and utility company back charges required to perform the work.
Furnish and install all portions of the work complete with all necessary
accessories, ready for intended use. Pay for all related costs for each portion of
the work.
3.
C. Quality Control
It is the responsibility of the General Contractor to provide quality control for
the project. No exceptions taken. Soils and Concrete inspection testing “quality
assurance” will be provided by the City - payment for retesting will be the
responsibility of the Contractor.
D. Conflicting Information
Where two or more conflicting items or instructions are indicated in the
documents, the more costly will be the item included in the bid.
1.04 PERMITS AND ENVIRONMENTAL MITIGATION
A. The Contractor shall comply with the provisions of the City of Carlsbad regarding
encroachment on to adjacent property.
B. Topography, Geology, Seismicity and Soils Mitigation. All earthwork activities
shall conform to the Uniform Building Code and San Diego County erosion
control measures. Slope hazard and erosion mitigation measures, as defined in the
San Diego County General Plan, shall be followed.
SUMMARY OF WORK
01010 - 2
Project No. 3688 03 Jan 03
Any cut or fill slopes shall be provided with appropriate surface drainage features.
Trees shall not be removed nor trimmed without written permission of the Owner.
The Contractor shall maintain a record of and provide the Owner with three (3)
copies of any off-site soil disposition activity.
C. Hydrology and Water Quality Mitigation. Prior to receiving Grading Permit the Grading Permit the Contractor shall prepare and submit to the Owner, for approval, an erosion control plan to control erosion and sedimentation impacts during construction. If any temporary stream course alterations are constructed by
the Contractor he shall return the stream course to its original location as soon as
the phase of work which caused the diversion is complete.
Air Quality Mitigation. The Contractor shall perform frequent water spraying at
the direction of the Resident Engineer to minimize fbgitive dust impacts.
Traffic/Circulation Mitigation. The Contractor shall prepare for Owner's approval
a construction traffic control program to reduce short-term disruption of traffic on
the construction site.
The Contractor shall comply with all of the various permit and mitigation
requirements and shall pay all costs therefore, except for the cost of permits
already obtained by the Owner. All costs shall be included in the bid price.
Work Performed Under Separate Contracts. Refer to "General Provisions" for the
Contractor's responsibilities with respect to separate contracts.
D.
E.
E.
1.05 CONSTRUCTION COORDINATION
In order that the Work be ready for the required interconnections and interfacing with the
work provided under separate contracts andor by others, the work shall be completed within
the time frame stated in the Notice Inviting Bids. Substantial completion is defined in Section
01700, Project Close-Out.
END OF SECTION 01010
SUMMARY OF WORK
01010 - 3
Project No. 3688 03 Jan 03
SECTION 01027
APPLICATIONS FOR PAYMENT
PART 1 - GENERAL
1.1
A.
B.
1.2
A.
B.
C.
1.3
A.
SUMMARY
Comply with procedures described in this Section when applying for progress payment
and final payment under the Contract.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
The Contract Sum and the schedule for payments are described in the Form of
Agreement.
Payments upon Substantial Completion and Completion of the Work are described
in the General Conditions and in Section 01700 of these Specifications.
The Owners Designated Representative's approval of applications for progress
payment and final payment may be contingent upon the Owners Designated
Representative's approval of status of Project Record Documents as described in
Section 01 720 of these Specifications.
2.
3.
4.
QUALITY ASSURANCE
Prior to start of construction, secure the Owners Designated Representative's approval of
the schedule of values required to be submitted under Paragraph 9.2 of the General
Conditions, and further described in Section 01370 of these Specifications.
During progress of the Work, modify the schedule of values as approved by the Owners
Designated Representative to reflect changes in the Contract Sum due to Change Orders
or other modifications of the Contract.
Base requests for payment on the approved schedule of values.
PROCEDURES
Informal submittal: Unless otherwise directed by the Owners Designated Representative:
1. Make an informal submittal of request for payment by filling in, with erasable pencil,
pertinent portions of AIA Document G702, "Application and Certificate for
Payment," plus continuation sheet or sheets.
APPLICATIONS FOR PAYMENT
Project No. 3688 03 Jan 03
0 1027- 1
2.
3.
Make this preliminary submittal to the Owners Designated Representative at the last
regular job meeting of each month.
Revise the informal submittal of request for payment as agreed at the job meeting,
initialing all copies.
B. Formal submittal: Unless otherwise directed by the Owners Designated Representative:
1. Make formal submittal of request for payment by filling in the agreed data, by
typewriter or neat lettering in ink, on AIA Document G702, "Application and
Certificate for Payment," plus continuation sheet or sheets.
Sign and notarize the Application and Certificate for Payment.
Submit the original of the Application and Certificate for Payment, plus eight
identical copies of the continuation sheet or sheets, to the Owners Designated
Representative,
The Owners Designated Representative will compare the formal submittal with the
approved informal submittal and, when approved, will sign the Application and
Certificate for Payment, will make required copies, and will distribute:
a. One copy to Contractor;
b. One copy to Owner;
c.
d.
2.
3.
4.
One copy to Owners Designated Representative's file; and
One Copy to the Architect
END OF SECTION
APPLICATIONS FOR PAYMENT
Project No. 3688 03 Jan 03
0 1027-2
SECTION 01028
CHANGE ORDER PROCEDURE
PART 1 - GENERAL
1.1 SUMMARY
A. Make such changes in the Work, in the Contract Sum, in the Contract Time of
Completion, or any combination thereof, as are described in written Change Orders
signed by the Owner and the Owners Designated Representative and issued after
execution of the Contract, in accordance with the provisions of this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Changes in the Work are described further in the General Supplemental Provisions..
Owners Designated Representative's supplemental instructions:
a.
2.
3.
From time to time during progress of the Work the Owners Designated
Representative may issue supplemental instructions which interpret the Contract
Documents or order minor changes in the Work without change in Contract
Sum or Contract Time.
Should the Contractor consider that a change in Contract Sum or Contract Time
is required, he shall submit an itemized proposal to the Owners Designated
Representative immediately and before proceeding with the Work. If the
proposal is found to be satisfactory and in proper order, the supplemental
instructions in that event will be superseded by a Change Order.
From time to time during progress of the Work the Owners Designated
Representative may issue a proposal request for an itemized quotation for
changes in the Contract Sum andor Contract Time incidental to proposed
modifications to the Contract Documents.
This will not be a Change Order, and will not be a direction to proceed with the
changes described therein.
b.
4. Proposal requests:
a.
b.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such measures as are needed to
assure familiarity of the Contractor's staff and employees with these procedures for
processing Change Order data.
CHANGE ORDER PROCEDURE
Project No. 3688 03 Jan 03
01028-1
1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain a "Register of proposal requests, supplemental instructions, and Change
Orders" at the job site, accurately reflecting current status of all pertinent data.
B. Make the Register available to the Owners Designated Representative for review at his
request.
1.4 PROCESSING PROPOSAL REQUESTS
A. Make written reply to the Owners Designated Representative in response to each
proposal request.
1.
2.
3.
4.
5.
State proposed change in the Contract Sum, if any.
State proposed change in the Contract Time of Completion, if any.
Clearly describe other changes in the Work, if any, required by the proposed change
or desirable therewith.
Include full backup data such as subcontractors' letter of proposal or similar
information.
Submit this response in single copy.
B. When cost or credit for the change has been agreed upon by the Owner and the
Contractor, or the Owner has directed that cost or credit be determined in accordance
with provisions of the General Conditions, the Owners Designated Representative will
issue a Change Order to the Contractor.
1.5 PROCESSING CHANGE ORDERS
A. Change Orders will be numbered in sequence, and dated.
1. The Change Order will describe the change or changes, will refer to the proposal
requests or supplemental instructions involved, and will be signed by the Owner and
the Owners Designated Representative.
The Owners Designated Representative will issue four copies of each Change Order
to the Contractor.
a. The Contractor promptly shall sign all four copies and return three copies to the
Owners Designated Representative.
b. The Owners Designated Representative will retain one signed copy in his file,
will forward one signed copy to the Owner, and will forward one signed copy to
the Architect.
2.
END OF SECTION
CHANGE ORDER PROCEDURE
Project No. 3688 03 Jan 03
01028-2
SECTION 01045
CUTTING AND PATCHING
PART 1 - GENERAL
1.1 SUMMARY
A. This Section establishes general requirements pertaining to cutting (including
excavating), fitting, and patching of the Work required to:
1.
2.
3.
4.
Make the several parts fit properly;
Uncover work to provide for installing, inspecting, or both, of ill-timed work;
Remove and replace work not conforming to requirements of the Contract
Documents; and
Remove and replace defective work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
In addition to other requirements specified, upon the Owners designated
representative's request uncover work to provide for inspection by the Owners
designated representative of covered work, and remove samples of installed
materials for testing.
Do not cut or alter work performed under separate contracts without the Owners
designated representative's written permission.
2.
3.
1.2 SUBMITTALS
A. Request for Owners designated representative's consent:
1.
2.
Prior to cutting which effects structural safety, submit wden request to the Owners
designated representative for permission to proceed with cutting.
Should conditions of the Work, or schedule, indicate a required change of materials
or methods for cutting and patching, so notify the Owners designated representative
and secure his written permission and the required Change Order prior to pro-
ceeding.
B. Notices to the Owners designated representative:
1. Prior to cutting and patching performed pursuant to the Owners designated
representative's instructions, submit cost estimate to the Owners designated
representative. Secure the Owners designated representative's approval of cost
estimates and type of reimbursement before proceeding with cutting and patching.
CUTTING AND PATCHING
Project No. 3688 03 Jan 03
0 1045- 1
2. Submit written notice to the Owners designated representative designating the time
the Work will be uncovered, to provide for the Owners designated representative's
observation.
1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
PART 2 - PRODUCTS
2.1
A.
2.2
A.
MATERIALS
For replacement of items removed, use materials complying with pertinent Sections of
these Specifications.
PAYMENT FOR COSTS
The Owner will reimburse the Contractor for cutting and patching performed pursuant to
a written Change Order, after claim for such reimbursement is submitted by the
Contractor. Perform other cutting and patching needed to comply with the Contract
Documents at no additional cost to the Owner.
PART 3 - EXECUTION
3.1
A.
B.
3.2
A.
SURFACE CONDITIONS
Inspection:
1.
2.
Inspect existing conditions, including elements subject to movement or damage
during cutting, excavating, patching, and backfilling.
After uncovering the work, inspect conditions affecting installation of new work.
Discrepancies:
1.
2.
If uncovered conditions are not as anticipated, immediately notify the Owners
designated representative and secure needed directions.
Do not proceed until unsatisfactory conditions are corrected.
PREPARATION PRIOR TO CUTTING
Provide required protection including, but not necessarily limited to, shoring, bracing,
and support to maintain structural integrity of the Work.
CUTTING AND PATCHING
Project No. 3688 03 Jan 03
01045-2
3.3 PERFORMANCE
I
A. Perform required excavating and backfilling as required under pertinent other Sections of
these Specifications.
1. Perform cutting and demolition by methods which will prevent damage to other
portions of the Work and provide proper surfaces to receive installation of repair and
new work.
Perform fitting and adjusting of products to provide finished installation complying
with the specified tolerances and finishes.
2.
END OF SECTION
CUT"G AND PATCHING
0 1045-3
Project No. 3688 03 Jan 03
.-
SECTION 01050
FIELD ENGINEERING
PART 1 - GENERAL
1.1 SUMMARY
A. Provide'such field engineering services as are required for proper completion of the
Work including, but not necessarily limited to:
1.
2.
Establishing and maintaining lines and levels;
Structural design of shores, forms, and similar items provided by the Contractor as
part of his means and methods of construction.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Additional requirements for field engineering also may be described in other
Sections of these Specifications.
2.
1.2 SUBMITTALS
A. Comply with pertinent provisions of Section 01 340.
B. Upon request of the Owners Designated Representative, submit:
1.
2.
3.
Data demonstrating qualifications of persons proposed to be engaged for field
engineering services.
Documentation verifying accuracy of field engineering work.
Certification, signed by the Contractor's retained field engineer, certifymg that
elevations and locations of improvements are in conformance or nonconformance
with requirements of the Contract Documents.
1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
FIELD ENGINEERING
Project No. 3688 03 Jan 03
01 050-1
1.4 PROCEDURES
A. In addition to procedures directed by the Contractor for proper performance of the
Contractor's responsibilities:
1.
2.
3.
4.
Locate and protect control points before starting work on the site.
Preserve permanent reference points during progress of the Work.
Do not change or relocate reference points or items of the Work without specific
approval from the Owners Designated Representative.
Promptly advise the Owners Designated Representative when a reference point is
lost or destroyed, or requires relocation because of other changes in the Work.
END OF SECTION
FIELD ENGINEERING
Project No. 3688 03 Jan 03
01050-2
SECTION 01090
REFERENCE STANDARDS
PART 1 - GENERAL
1.1 SUMMARY
A. Work included:
1. Throughout the Contract Documents, reference is made to codes and standards
which establish qualities and types of workmanship and materials, and which
establish methods for testing and reporting on the pertinent characteristics.
Where materials or workmanship are required by these Contract Documents to meet 2.
3.
or exceed the specifically named code or standard, it is the Contractor's respon-
sibility to provide materials and workmanship which meet or exceed the specifically
named code or standard.
Proof:
a. It is also the Contractor's responsibility, when so required by the Contract
Documents or by written request from the Owners Designated Representative,
to deliver to the Owners Designated Representative all required proof that the
materials or workmanship, or both, meet or exceed the requirements of the
specifically named code or standard.
Such proof shall be in the form requested by the Owners Designated
Representative, and generally will be required to be copies of a certified report
of tests conducted by a testing agency approved for that purpose by the Owners
Designated Representative.
b.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and other Sections of Division One
of these Specifications.
Specific naming of codes or standards occurs on the Drawings andor in these
Specifications.
2.
1.2 QUALITY ASSURANCE
A. In procuring all items used in this Work, it is the Contractor's responsibility to verify the
detailed requirements of the specifically named codes and standards and to verify that the
items procured for use in this Work meet or exceed the specified requirements.
B. Rejection of non-complying items:
1. The Owners Designated Representative reserves the right to reject items incor-
REFERENCE STANDARDS
01090-1
Project No. 3688 03 Jan 03
porated into the Work which fail to meet the specified minimum requirements.
The Owners Designated Representative further reserves the right, and without
prejudice to other recourse the Owners Designated Representative may take, to
accept non-complying items subject to an adjustment in the Contract Amount as
approved by the Owners Designated Representative and the Owner.
2.
C. Applicable reference standards include, but are not necessarily limited to, standards of
agencies and associations who may be referred to in the Specifications by the following
abbreviations.
1. "AA" = Aluminum Association
900 19th Street, N.W., Suite 300
Washington, D.C. 20006
2. "AABC"= Associated Air Balance Council
100 Vermont Avenue, N.W.
Washington, D.C. 20005
3. "AAMA" = American Arch'l Manufacturers' Association
2700 River Road, Suite 11 8
Des Plaines, Illinois 6001 8
4. "AASHTO"= American Assoc. of State Highway and
Transportation Officials
444 North Capitol Street, N.W., Suite 225
Washington, D.C. 20001
5. "ACI" = American Concrete Institute
P.O. Box 19150
Detroit, Michigan 48219
6. "ADC" = AirDiffusionCouncil
230 North Michigan Avenue
Chicago, Illinois 60601
7. "AGC" = Associated General Contractors of America
1957 E Street, N.W.
Washington, D.C. 20006
8. "AI" = Asphalt Institute
Asphalt Institute Building
College Park, Maryland 20740
9. "AIA" = American Institute of Architects
173 5 New York Avenue
Washington, D.C. 20006
x
REFERENCE STANDARDS
Project No. 3688 03 Jan 03
0 1090-2
10. "AISC" =
11. "AISE" =
12. "AISI" =
13. "AITC" =
14. "ANSI" =
15. "APA" =
16. "API" =
17. **mil =
18. "ASCE" =
her. Institute of Steel Construction, Inc.
400 North Michigan Avenue, 8th Floor
Chicago, Illinois 606 1 1
Association of Iron and Steel Engineers
3 Gateway Center, Suite 2350
Pittsburgh, Pennsylvania 15222
American Iron and Steel Institute
1133 15th Street, N.W., Suite 300
Washington, D.C. 20005
American Institute of Timber Construction
333 West Hampden Avenue
Englewood, Colorado 801 10
American National Standards Institute
1430 Broadway
New York, New York 10018
American Plywood Association
P.O. Box 11700
Tacoma, Washington 98411
American Petroleum Institute
1220 L Street, N.W.
Washington, D.C. 20005
Air Cond. and Refrigeration Institute
1 8 15 North Fort Myer Drive
Arlington, Virginia 22209
American Society of Civil Engineers
345 East 47th Street
New York, New York 100 17
19. "ASHRAE" = American Institute of Heating, Refrigerat-
ing, and Air Conditioning Engineers
1791 Tullie Circle, N.E.
Atlanta, Georgia 30329
20. "ASME"= American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
REFERENCE STANDARDS
Project No. 3688 03 Jan 03
01 090-3
2 1. "ASTM" =
22. "AM" =
23. "AWS" =
24. "AWWA"
25. "BIA" =
26. "BOCA" =
27. "CDA" =
28. "CRSI" =
29. "CS" =
American Society for Testing and Materials
19 16 Race Street
Philadelphia, Pennsylvania 19103
Architectural Woodwork Institute
23 10 South Walter Reed Drive
Arlington, Virginia 22206
American Welding Society
P. 0. Box 351040
Miami, Florida 33 135
= American Water Works Association
6666 West Quincy Avenue
Denver, Colorado 80235
Brick Institute of America
11490 Commerce Park Drive
Reston, Virginia 2209 1
Building Officials and Code Administrators,
405 1 West Flossmoor Road
Country Club Hills, Illinois 60478
International
Copper Development Association
405 Lexington Avenue, Fifth Floor
New York, New York 10174
Concrete Reinforcing Steel Institute
933 North Plum Grove Road
Schaumburg, Illinois 60 173
"Commercial Standards" of the
U. S. Department of Commerce
Office of Industry and Commerce
Commodity Standards Division
Washington, D.C. 20230
30. "CSA/CAN" = Canadian Standards Association
178 Rexdale Boulevard
Rexdale (Tornonto), Ontario
Canada M9WlR3
REFERENCE STANDARDS
Project No. 3688 03 Jan 03
0 1090-4
31. "DOE" =
32. "DOT" =
3 3. "FGMA"
34. "NEMA"
35. "NFPA" =
36. "PCI" =
United States Department of Energy
c/o Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
United States Department of Transportation
c/o Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
= Flat Glass Marketing Association
3310 Harrison
Topeka, Kansas 6661 1
= National Electrical Manufacturers' Assoc.
2101 L Street, N.W.
Washington, D.C. 20037
National Fire Protection Association
Batterymarch Park
Quincy, Massachuesetts 02269
Precasflrestressed Concrete Institute
175 West Jackson Boulevard
Chicago, Illinois 60604
37. "SMACNA" = Sheet Metal and Air Conditioning
Contractors' National Association
8224 Old Court House Road
Vienna, Virginia 221 80
38. "SSPC" =
39. "TCA" =
40. "UL" =
Steel Structures Painting Council
4400 Fifth Avenue
Pittsburgh, Pennsylvania 1 52 13
Tile Council of America, Inc.
P.O. Box 326
Princeton, New Jersey 08540
Underwriters Laboratory
333 Pfmgsten Road
Northbrook, Illinois 60062
END OF SECTION
REFERENCE STANDARDS
Project No. 3688 03 Jan 03
01090-5
SECTION 01100
ALTERNATIVES
PART 1 - GENERAL
1.1
A.
B.
1.2
A.
B.
1.3
A.
1.4
A.
SUMMARY
To enable the Owner to compare total costs where alternative materials and methods
might be used, Alternatives have been established as described on the Drawings and/or in
this Section of these Specifications.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Materials and methods to be used in the Base Bid and in the Alternatives also may
be described on the Drawings and/or in pertinent other Sections of these Specifica-
tions.
Method for stating the proposed Contract Sum is shown on the Bid Form.
2.
3
SUBMITTALS
All Alternatives described in this Section are required to be reflected on the Bid Form as
submitted by the bidder.
Do not submit alternatives other than as described in this Section, except as provided for
"substitutions" under Section 0 1630 of these Specifications.
DELIVERY, STORAGE, AND HANDLING
If the Owner elects to proceed on the basis of one or more of the described Alternatives,
make modifications to the Work required in providing the selected Alternative or
Alternatives to the approval of the Owners Designated Representative and at no
additional cost to the Owner except as proposed on the Bid Form.
ADVANCE COORDINATION
Immediately after award of the Contract, or as soon thereafter as the Owner has made a
decision on which if any of the Alternatives will be selected, thoroughly and clearly
advise necessary personnel and suppliers as to the nature of Alternatives selected by the
Owner.
ALTERNATIVES
01 100-1
Project No. 3688 03 Jan 03
PART 2 - PRODUCTS
2.1 ALTERNATIVE NUMBER 1 The Second floor level within the building and the stairs and
all items appurtenant are to be considered as Additive Alternate Number 1. Components
necessary to support the second level and the stairs shall be included as a part of this Contract
whether or not the Additive Alternate No1 is accepted by the owner. If the owner does not opt to
include Additive Alternate 1 as a part of the Contract, the owner, at a later time, will install the
second level and the stairs with in-house staff.
END OF SECTION
ALTERNATIVES
01 100-2
Project No. 3688 03 Jan 03
SECTION 01 170
REQUESTS FOR INFORMATION
PART 1 - GENERAL
1.1
A.
B.
1.2
A.
B.
SUMMARY
This Section describes procedures for requesting information other than that shown in the
Contract Documents, and discusses conditions under which such requests will be
considered.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
REQUESTS FOR INFORMATION
Assumption of prior knowledge:
1. Instructions to Bidders for this Work state requirements that, prior to submitting a
bid, bidders become thoroughly familiar with the proposed Contract Documents and
that they request and secure clarification of all matters on which there may be any
question as to design intent.
Reasons for these requirements include the Owner's wish:
a.
b.
2.
That bidders have complete and adequate knowledge of the proposed Work in
order to propose a fair and proper bid price;
To discourage fiivolous requests for information while encouraging acquisition
of complete familiarity with the Drawings, Specifications, and other Documents
of the Contract.
To avoid unnecessary time-consuming and effort-consuming requests for
information during progress of the Work; Contractor shall act as the sole
responsible party for material, methods, techniques, procedures and sequence so
to successfully coordinate parts to interface all elements in there proper fit. The
contractor shall field coordinate items using attention, care, judgement with
skill as practices to industry standards with each tradesman.
c.
However, the Owner and the Owners Designated Representative recognize that data may
inadvertently have been omitted from the Contract Documents or require clarification of
alleged conflict of data, and the following procedures are established for requesting such
data.
REQUESTS FOR INFORMATION
Project No. 3688 03 Jan 03
01 170-1
C. Procedures:
1. Prior to requesting information, conduct a thorough search of the Contract
Documents and determine that the information is apparently missing from the
Contract Documents or requires clarification of an alleged conflict of data.
Fill out a photocopy of the "Request for Information" form which follows this
Section, and deliver it to the Owners Designated Representative.
The Owners Designated Representative will conduct the necessary search.
Within 14 calendar days, the Owners Designated Representative will respond to the
Request for Information.
a.
2.
3.
4.
Should the information be missing, or require clarification, the Owners
Designated Representative will respond by giving the proper information to the
Contractor.
Should the information already be clearly shown in the Contract Documents,
the Owners Designated Representative will so advise the Contractor by stating
the location of the requested information and the Owner may deduct the sum of
One Hundred Dollars ($100.00) from the Contract Sum, not as a penalty but as
reimbursement for the Owners Designated Representative's time and effort
devoted to research and handling.
b.
END OF SECTION
REQUESTS FOR INFORMATION
Project No. 3688 03 Jan 03
01 170-2
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included: To enable orderly review during progress of the Work, and to provide
for systematic discussion of problems, the Owners Designated Representative will
conduct project meetings throughout the construction period.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
The Contractor's relations with his subcontractors and materials suppliers, and
discussions relative thereto, are the Contractor's responsibility and normally are not
part of project meetings content.
2.
1.2 SUBMITTALS
A. Agenda items: To the maximum extent practicable, advise the Owners Designated
Representative at least 24 hours in advance of project meetings regarding items to be
added to the agenda.
B. Minutes:
1. The Owners Designated Representative will compile minutes of each project
meeting, and will furnish three copies to the Contractor and required copies to the
Owner.
Recipients of copies may make and distribute such other copies as they wish. 2.
1.3 QUALITY ASSURANCE
A. For those persons designated by the Contractor to attend and participate in project
meetings, provide required authority to commit the Contractor to solutions agreed upon
in the project meetings.
PART 2 - PRODUCTS
(No products are required in this Section)
PROJECT MEETINGS
01200-1
Project No. 3688 03 Jan 03
PART 3 - EXECUTION
3.1
A.
B.
3.2
A.
3.3
A.
B.
3.4
A.
MEETING SCHEDULE
Except as noted below for Preconstruction Meeting, project meetings will be held
weekly.
Coordinate as necessary to establish mutually acceptable schedule for meetings.
MEETING LOCATION
The Owners Designated Representative will establish meeting location. To the
maximum extent practicable, meetings will be held at the job site.
PRECONSTRUCTION MEETING
Preconstruction Meeting will be scheduled to be held within 15 working days after the
Owner has issued the Notice to Proceed.
1. Provide attendance by authorized representatives of the Contractor and major
subcontractors.
2. The Owners Designated Representative will advise other interested parties,
including the Owner, and request their attendance.
Minimum agenda: Data will be distributed and discussed on at least the following items:
1. Organizational arrangement of Contractor's forces and personnel, and those of
subcontractors, materials suppliers, and Owners Designated Representative.
2. Channels and procedures for communications.
3. Construction schedule, including sequence of critical work.
4. Contract Documents, including distribution of required copies of original
Documents and revisions.
5. Processing of Shop Drawings and other data submitted to the Owners Designated
Representative for review.
6. Processing of Bulletins, field decisions, and Change Orders.
7. Rules and regulations governing performance of the Work; and
8. Procedures for safety and first aid, security, quality control, housekeeping, and
related matters.
PROJECT MEETINGS
Attendance:
1.
2.
To the maximum extent practicable, assign the same person or persons to represent
the Contractor at project meetings throughout progress of the Work.
Subcontractors, materials suppliers, and others may be invited to attend those project
meetings in which their aspect of the Work is involved.
PROJECT MEETINGS
0 1200-2
Project No. 3688 03 Jan 03
B. Minimumagenda:
1.
2.
3.
4.
5. Complete other current business.
Review, revise as necessary, and approve minutes of previous meetings.
Review progress of the Work since last meeting, including status of submittals for
approval.
Identify problems which impede planned progress.
Develop corrective measures and procedures to regain planned schedule.
C. Revisions to minutes:
1. Unless published minutes are challenged in writing prior to the next regularly
scheduled progress meeting, they will be accepted as properly stating the activities
and decisions of the meeting.
Persons challenging published minutes shall reproduce and distribute copies of the
challenge to all indicated recipients of the particular set of minutes.
Challenge to minutes shall be settled as priority portions of "old business" at the
next regularly scheduled meeting.
2.
3.
END OF SECTION
PROJECT MEETINGS
Project No. 3688 03 Jan 03
0 1200-3
SECTION 01310
CONSTRUCTION SCHEDULES AND WORK PLANS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications
B. Section 01010: Summary of Work
C. Section 0 1300: Submittals
D. Section 01305: Product Substitutions
1.2 SUMMARY
A. Section Includes:
1. Requirements for CPM schedules and associated reports.
2. Requirements for Contractor Work Plans.
1.3 CPM CONSTRUCTION SCHEDULES AND REPORTS
A. General: Comply with the Contract General Conditions, see Section 6-1
Construction Schedule and Commencement of Work.
1.4 CONTRACTOR WORK PLANS
A. General
1. Contractor shall submit comprehensive written work plans for all activities
affecting City operations, including but not limited to, the following:
a. Barricade and Fencing locations.
b. Haul routes.
c.
d.
e. Disabled access routes.
f. Fire Department access.
g.
Routing of vehicular and pedestrian traffic around specific construction
area(s).
Utility shutdowdtie-in to existing utilities.
Construction site and contractor parking access.
CONSTRUCTION SCHEDULES AND WORK PLANS
Project No. 3688 03 Jan 03
01310-1
h.
i.
j .
Large equipment access (cranes, loaders, backhoes, etc.)
Work within pedestrian thoroughfares and area roads.
Work within the inner-area confines.
2. Contractor shell cooperate with the City to minimize conflicts and facilitate City operations.
a. Off-hours and weekend work may bc required for existing utility shutdowns and other work of major impact to the City. No additional costs shall be paid by the City due to this requirement.
B. Format/Submittal Requirements
1. Contractor’s work plans shall be in the form of marked-up drawings, sketches and/or original drawings, which clearly convey the nature and location of Contractor’s planned activities. Drawings shall be supplemented by written descriptions of the work. Work plans shall be submitted in written narrative form where without drawings where deemed adequate by the Owner’s Designated Representative to fully describe construction activities, impacts and protectionary measures.
Work plans shall be submitted in accordance with the requirements of Section 01300. 2.
END OF SECTION
CONSTRUCTION SCHEDULES AND WORK PLANS
Project No. 3688 03 Jan 03
01 3 10-2
SECTION 01340
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
PART 1 - GENERAL
1.1 SUMMARY
A. Make submittals required by the Contract Documents, and revise and resubmit as
necessary to establish compliance with the specified requirements, all as described in this
Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Individual requirements for submittals also may be described in pertinent Sections of
these Specifications.
2.
C. Work not included:
1.
2.
Unrequired submittals will not be reviewed by the Architect.
The Contractor may require his subcontractors to provide drawings, setting
diagrams, and similar information to help coordinate the Work, but such data shall
remain between the Contractor and his subcontractors and will not be reviewed by
the Architect unless specifically called for within the Contract Documents.
1.2 SUBMITTALS
A. Make submittals of Shop Drawings, Samples, substitution requests, and other items in
accordance with the provisions of this Section.
1.3 QUALITY ASSURANCE
A. Coordination of submittals:
1.
2.
3.
Prior to each submittal, carefully review and coordinate all aspects of each item
being submitted.
Verify that each item and the submittal for it conform in all respects with the
specified requirements.
By affucing the Contractor's signature to each submittal, certify that this coordination
has been performed.
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
Project No. 3688 03 Jan 03
01340-1
PART 2 - PRODUCTS
2.1 SHOP DRAWINGS
A. Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to
show all pertinent aspects of the item and its method of connection to the Work.
B. Submit Shop Drawings in the form of one sepia transparency of each sheet plus three
blueline or blackline prints of each sheet.
C. Review comments of the Architect will be shown on the sepia transparency when it is
returned to the Contractor. The Contractor may make and distribute such copies as are
required for his purposes.
2.2 MANUFACTURERS' LITERATURE
A. Where contents of submitted literature from manufacturers includes data not pertinent to
the submittal, clearly show which portion of the contents is being submitted for review.
B. Submit the number of copies which are required to be returned, plus one copy which will
be retained by the Architect.
2.3 SAMPLES
A. Provide Sample or Samples identical to the precise article proposed to be provided.
Identify as described under "Identification of submittals" below.
B. Number of Samples required:
1.
2.
Unless otherwise specified, submit Samples in the quantity which is required to be
returned, plus one which will be retained by the Architect.
By prearrangement in specific cases, a single Sample may be submitted for review
and, when approved, be installed in the Work at a location agreed upon by the
Arc hit ect .
2.4 COLORS AND PATTERNS
A. Unless the precise color and pattern is specifically called out in the Contract Documents,
and whenever a choice of color or pattern is available in the specified products, submit
accurate color and pattern charts to the Architect for selection.
. PART 3 - EXECUTION
3.1
A.
IDENTIFICATION OF SUBMITTALS
Consecutively number all submittals.
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
Project No. 3688 03 Jan 03
01 340-2
1.
2.
When material is submitted for any reason, transmit under a new letter of transmittal
and with a new transmittal number.
On resubmittals, cite the original submittal number for reference.
B. Accompany each submittal with a letter of transmittal showing all information required
for identification and checking.
C. On at least the first page of each submittal, and elsewhere as required for positive
identification, show the submittal number in which the item was included.
D. Submittal log:
1.
2.
Maintain an accurate submittal log for the duration of the Work, showing current
status of all submittals at all times.
Make the submittal log available to the Architect for the Architect's review upon
request.
3.2 GROUPING OF SUBMITTALS
A. Unless otherwise specified, make submittals in groups containing all associated items to
assure that information is available for checking each item when it is received.
1. Partial submittals may be rejected as not complying with the provisions of the
Contract.
2. The Contractor may be held liable for delays so occasioned.
3.3 TIMING OF SUBMITTALS
A. Make submittals far enough in advance of scheduled dates for installation to provide
time required for reviews, for securing necessary approvals, for possible revisions and
resubmittals, and for placing orders and securing delivery.
B. In scheduling, allow at least ten working days for review by the Architect following the
Architect's receipt of the submittal.
END OF SECTION
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
Project No. 3688 03 Jan 03
0 1340-3
SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.1 SUMMARY
A. Provide a detailed breakdown of the agreed Contract Sum showing values allocated to
each of the various parts of the Work, as specified herein and in other provisions of the
Contract Documents.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Preparation and submittal of a schedule of values is required.
Schedule of values is required to be compatible with the kontinuation sheet"
accompanying applications for payment, as described in Section 01027.
2.
3.
1.2 SUBMITTALS
A. Prior to first application for payment, submit a proposed schedule of values to the
Owners Designated Representative.
1.
2.
Meet with the Owners Designated Representative and determine additional data, if
any, required to be submitted.
Secure the Owners Designated Representative's approval of the schedule of values
prior to submitting first application for payment.
1.3 QUALITY ASSURANCE
A. Use required means to assure arithmetical accuracy of the sums described.
B. When so requested by the Owners Designated Representative, provide copies of the
subcontracts or other data acceptable to the Owners Designated Representative,
substantiating the sums described.
END OF SECTION
SCHEDULE OF VALUES
Project No. 3688 03 Jan 03
01 370- 1
SECTION 01380
CONSTRUCTION PHOTOGRAPHS
PART 1 - GENERAL
1.1
A.
B.
1.2
A.
B.
1.3
A.
B.
SUMMARY
Provide photographs taken at the specified stages during construction, and in accordance
with provisions of this Section.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
SUBMITTALS
Comply with pertinent provisions of Section 01340.
Except as otherwise directed and paid for, submit three prints of each photograph.
QUALITY ASSURANCE
Secure the services of a professional photographer who is skilled and experienced in
construction photography and whose work samples are acceptable to the Owners
Designated Representative.
Do not replace the photographer without the Owners Designated Representative's written
approval.
PART 2 - PRODUCTS
2.1 CONSTRUCTION PHOTOGRAPHS
A. Provide black and white prints:
1.
2.
Size: 200 mm x 250 mm (8" x 10");
Type: Smooth surface, glossy print, single weight paper with white base.
B. On the back of each print, in a manner not damaging to the print, show:
1. Job name;
CONSTRUCTION PHOTOGRAPHS
Project No. 3688 03 Jan 03
01380-1
2. Location from which photographed;
3. Date of photograph;
4.
C. Require the photographer to retain the negatives for at least one year following Date of
Substantial Completion, and to provide additional prints to the Owner during that period
at prevailing commercial rates for such prints.
Photographer's name, address, and photograph number.
D. Do not permit prints to be issued for any other purpose without specific written approval
from the Owners Designated Representative.
PART 3 - EXECUTION
3.1 CONSTRUCTION PHOTOGRAPHS
A. Except as otherwise specifically approved by the Owners Designated Representative,
make the photographs within three calendar days of the date of the Contractor's
application for progress payment.
1.
2.
To the maximum extent practicable, make photographs at approximately the same
time of day throughout progress of the Work.
When inclement weather is anticipated, consult with the Owners Designated
Representative and determine acceptable alternative arrangements.
B. Except as otherwise specifically approved by the Owners Designated Representative,
make the photographs from three separate locations around the Work.
1.
2.
Select the locations to provide diversified overall views of the Work, from positions
which are expected to remain accessible throughout progress of the Work.
Identify each location by word description, by marked drawing, or by such other
means as acceptable to the Owners Designated Representative, to enable future
photographs to be taken from the same position.
When so directed by the Owners Designated Representative because of the stage of
construction, change one or more of the locations to new locations inside or outside
the buildings as the Owners Designated Representative directs.
3.
C. Make each photograph clear, in focus, with high resolution and sharpness, and with
minimum distortion.
END OF SECTION
CONSTRUCTION PHOTOGRAPHS
Project No. 3688 03 Jan 03
01380-2
SECTION 01410
TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. This Section describes testing and inspecting to be provided by the Contractor, plus
cooperation required fiom the Contractor with the Owner's selected testing agency and
others responsible for testing and inspecting the Work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Requirements for testing may be described in various Sections of these
Specifications.
Where no testing requirements are described, but the Owner decides that testing is
required, the Owner may require such testing to be performed under current
pertinent standards for testing. Payment for such testing will be made as described
in this Section.
2.
3.
C. Work not included:
1.
2.
Selection of testing laboratory: The Owner will select a prequalified independent
testing laboratory.
Selection of construction soil engineer: The Owner will select a prequalified
independent soil engineer to observe performance of work in connection with
excavating, trenching, filling, backfilling, and grading, and to perform compaction
tests.
1.2 QUALITY ASSURANCE
A. The testing laboratory will be qualified to the Owner's approval in accordance with
ASTM E329.
B.' Testing, when required, will be in accordance with all pertinent codes and regulations,
and with selected standards of the American Society for Testing and Materials.
TESTING LABORATORY SERVICES
Project No. 3688 03 Jan 03
01410-1
1.3 DELIVERY, STORAGE, AND HANDLING -
A. Comply with pertinent provisions of Section 0 1 620
B. Promptly process and distribute required copies of test reports and related instructions to
assure necessary retesting and replacement of materials with the least possible delay in
progress of the Work.
PART 2 - PRODUCTS
2.1
A.
B.
C.
2.2
A.
2.3
A.
PAYMENT FOR TESTING
Initial services of testing laboratory:
1.
2.
The Owner will pay for initial services requested by the Owner.
When initial tests indicate non-compliance with the Contract Documents, the costs
of all tests associated with that non-compliance will be deducted by the Owner from
the Contract Sum.
Initial services of construction soil engineer:
1. The Owner will pay for initial services requested by the Owner including, but not
necessarily limited to, observing performance of work in connection with
excavating, trenching, filling, backfilling, and grading.
The Owner will pay for compaction tests performed by the construction soil
engineer, but will deduct from the Contract Sum the costs for compaction tests
performed to provide compliance with codes of ordinances.
2.
Retesting: When initial tests indicate non-compliance with the Contract Documents,
subsequent retesting occasioned by the non-compliance shall be performed by the same
testing agency, and costs thereof will be deducted by the Owner from the Contract Sum.
CODE COMPLIANCE TESTING
Inspections and tests required by codes or ordinances, or by a plan approval authority,
and which are made by a legally constituted authority, shall be the responsibility of and
shall be paid for by the Contractor, unless otherwise provided in the Contract
Documents.
CONTRACTOR'S CONVENIENCE TESTING
Inspecting and testing performed exclusively for the Contractor's convenience shall be
the sole responsibility of the Contractor.
TESTING LABORATORY SERVICES
Project No. 3688 03 Jan 03
0 1410-2
PART 3 - EXECUTION
3.1 COOPERATION WITH TESTING LABORATORY
A. Representatives of the testing laboratory shall have access to the Work at all times and at
all locations where the Work is in progress. Provide facilities for such access to enable
the laboratory to perform its functions properly.
3.2 TAKING SPECIMENS
A. All specimens and samples for testing, unless otherwise provided in the Contract
Documents, shall be taken by the testing personnel. All sampling equipment and
personnel will be provided by the testing laboratory. All deliveries of specimens and
samples to the testing laboratory will be performed by the testing laboratory.
3.3 SCHEDULES' FOR TESTING
A. Establishing schedule:
1. By advance discussion with the testing laboratory selected by the Owner, determine
the time required for the laboratory to perform its tests and to issue each of its
findings.
Provide all required time with the construction schedule. 2.
B. Revising schedule: When changes of construction schedule are necessary during
construction, coordinate all such changes with the testing laboratory as required.
C. Adherence to schedule: When the testing laboratory is ready to test according to the
established schedule, but is prevented fiom testing or taking specimens due to incom-
pleteness of the Work, all extra charges for testing attributable to the delay may be
backcharged to the Contractor and shall not be borne by the Owner.
END OF SECTION
TESTING LABORATORY SERVICES
Project No. 3688 03 Jan 03
0 1410-3
SECTION 01450
ENVIRONMENT PROTECTION
PART 1 - GENERAL
1.1 SUMMARY
A. This Section establishes general requirements pertaining to abatement and control of
environmental pollution arising from activities of the Contractor and the Contractor's
contractors in performance of the Work of the Contract.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Additional requirements may be stated in various other Sections of the
Specifications.
2.
C. Definitions:
1. The term ''environmental pollution," as used in this Section, means:
a. The presence of chemical, physical, or biological elements or agents which:
(1) Adversely affect human health and/or welfare;
(2) Unfavorably alter ecological balances of importance to human life;
(3) Affect other species of importance to man;
(4) Or degrade the utility of the environment for aesthetic and/or recreational
The control of environmental pollution requires consideration of air, water, and
land, and involves noise, solid waste-management, and management of radiant
energy and radioactive materials, as well as other pollutants.
"Sediment" means soil and other debris that have been eroded and transported
by runoff water.
"Solid waste" means rubbish, debris, garbage, and other discarded solid
materials resulting from construction activities, including a variety of combus-
tible and noncombustible wastes such as ashes, waste materials resulting fiom
construction or maintenance and repair work, leaves, and tree trimmings.
"Chemical waste" includes petroleum products, bituminous materials, salts,
acids, alkalis, herbicides, pesticides, disinfectants, organic chemicals, and
inorganic wastes; some of the above may be classified as "hazardous."
(1) "Sewage" means that which is considered as domestic sanitary sewage;
purposes;
b.
2. Contaminants:
a.
b.
c.
d. "Sanitary wastes":
ENVIRONMENT PROTECTION
Project No. 3688 03 Jan 03
01450-1
(2) "Garbage" means refuse and scraps resulting from preparation, cooking,
dispensing, and consumption of food.
"Hazardous materials" means such materials as are so defined by applicable
laws and regulations.
(1) Undisclosed hazardous material contamination, if encountered, will
(2) The Owner may retain a separate contractor to dispose of undisclosed
e.
constitute a changed site condition.
hazardous materials.
1.2 SUBMITTALS
A. Comply with pertinent provisions of Section 01340.
B. Prior to commencement of the Work of this Contract:
1. Compile and submit to the Owners Designated Representative a written environ-
mental protection program proposed by the Contractor for compliance with
requirements of this Section.
Meet with the Owners Designated Representative to review the proposed environ-
mental protection program and to make any changes in the plan, as required by the
Owners Designated Representative, prior to commencement of the Work.
Prior to commencement of the Work, secure the Owners Designated
Representative's approval of the written environmental protection program.
2.
3.
1.3 QUALITY CONTROL
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
B. Comply with all pertinent Federal, State, and local regulations pertaining to water, air,
solid waste, and noise pollution.
C. Require the Contractor's subcontractors to comply with the provisions of this Section,
PART 2 - PRODUCTS
2.1 MATERLALS
A. Except for materials proposed by the Contractor for compliance with the requirements of
this Section, and approved in advance by the Owners Designated Representative, no
materials are needed.
ENVIRONMENT PROTECTION
Project No. 3688 03 Jan 03
0 1450-2
PART 3 - EXECUTION
3.1 PROTECTION OF LAND RESOURCES
A. It is intended that the land resources within boundaries of the Project, but outside the
limits of permanent Work performed under this Contract, shall be preserved in their
present condition or be restored to a condition after completion of construction that will
appear to be natural and not detract from the appearance of the Project.
B. Insofar as possible, confine activities of the Contractor to pertinent areas defined on the
Drawings or elsewhere in the Contract Documents.
1.
2. Maintain natural drainage patterns.
3.
Return construction areas to their preconstruction elevations except where surface
elevations are otherwise noted to be changed.
Conduct construction activities in such a manner that ponding of stagnant water
conducive to mosquito breeding habitat will not occur at any time.
C. Land resources:
1.
2.
3.
Do not remove, cut, deface, injure, or destroy trees or other vegetation outside the
work area limits.
Do not remove, cut, deface, injure, or destroy trees or other vegetation inside the
work area limits except as permitted by the Owners Designated Representative.
Land resources damaged by the Contractor shall be promptly replaced or repaired to
the approval of the Owners Designated Representative and at the Contractor's
expense.
D. Tree trimming:
1. In accordance with recognized standards for such work, trim and seal tree limbs
overhanging the line of the Work and in danger of being damaged by the
Contractor's operations.
2. Remove other tree limbs as directed by the Owners Designated Representative so
the tree will present a balanced appearance.
3. Roots:
a.
b.
Do not cut roots unnecessarily during excavating or trenching operations.
Expose roots 75 mm (3") in diameter or larger, encountered in the course of
excavation, and do not sever but wrap them in burlap as a protective measure
while exposed.
At the edge of the excavation or trench, neatly trim all roots 25 mm (1 'I) in
diameter or larger that are severed in the course of excavation and paint them
with a heavy coat of tree seal approved by the Owners Designated
Representative.
c.
E. When and as directed by the Owners Designated Representative:
1. Obliterate all signs of temporary construction such as haul roads, work areas,
ENVIRONMENT PROTECTION
Project No. 3688 03 Jan 03
01450-3
structures, foundation of temporary structures, stockpiles of excess or waste mate-
rials, and other vestiges of construction;
Level all temporary roads, parking areas, and other areas which have become
compacted or shaped;
At unpaved areas where vehicles are operated, provide a suitable surface treatment
or wet down periodically to prevent dust becoming a nuisance;
Keep haul roads clear of objects which create unsafe conditions;
Promptly remove contaminants and construction materials dropped from
construction vehicles.
2.
3.
4.
5.
F. Do not drop mud and debris fiom construction vehicles onto public streets; sweep
turning areas and pavement entrances as needed.
G. Water resources:
1. Prevent oily or other hazardous substances fiom entering the ground, drainage areas,
or other bodies of water in such quantities as to affect aesthetics or normal use or to
produce a measurable impact upon the area.
In accordance with applicable regulations, gather and dispose of soil or water which
is contaminated with oily substance due to the Contractor's operations.
Dechlorinate chlorinated water prior to discharge, and do not permit chlorinated
water to enter the ground or surface waters.
2.
3.
H. Noise control:
a.
b.
c.
- 1. Do not permit noise levels exceeding the following:
Trenchers, pavers, graders, and trucks: 90 dE3A at 50 feet as measured under
the noisiest operating conditions;
All other equipment: 85 dBA at 50 feet.
Use "whisperized" type generators as approved by the Owners Designated
Representative.
Equip with exhaust mufflers and steel muffling sleeves;
Use "whisperized" type air compressors as approved by the Owners Designated
Representative.
Keep noisy equipment as far as possible from noise-sensitive site boundaries;
Do not leave machines idling;
Use electric power in lieu of internal combustion engine power when
practicable;
Maintain equipment in a manner to reduce noise fiom excessive vibration,
faulty mufners, and similar sources;
Provide mufllers on all engines;
Schedule operations to minimize their duration at any given location.
As needed, provide portable sound metering devices meeting requirements of
ANSI S1.4 for Type 2 sound level meters.
2. Jack hammers:
a.
b.
3. Operations:
a.
b.
c.
d.
e.
f.
a.
4. Monitoring:
ENVIRONMENT PROTECTION
Project No. 3688 03 Jan 03
01450-4
b. Promptly locate and correct noncomplying noise levels.
3.2
A.
B.
D.
3.3
A.
3.4
A.
3.5
A.
ARCHAEOLOGICAL FINDINGS DURING CONSTRUCTION
There are no known archaeological remains at the Project site.
Should skeletons, artifacts, or other archaeological remains be uncovered:
1.
2.
3.
Suspend operations of this Contract at the site of discovery;
Continue operations in other areas;
Notify the Owners Designated Representative immediately of the finding.
Should the discovery site require archaeological studies resulting in delays andlor
additional work, the Contractor will be compensated by an adjustment under pertinent
provisions of the Contract.
BURNING RUBBISH AND DEBRIS
Open burning of rubbish, debris, andor other combustibles will not be permitted on the
site.
DUST CONTROL
Provide within the proposed plan for environment protection an acceptable program to
prevent generation of dust due to operation under this Contract.
COMPLIANCE
The Owners Designated Representative will notify the Contractor in writing of any
noncompliance with the provisions of this Section, and will describe actions to be taken.
1. Such notice, when delivered to the Contractor or his authorized representative at the
job site, will be deemed sufficient for the purpose.
2. Immediately upon receipt of such notice, initiate the required action or actions.
.
x
B. Noncompliance:
1. If the Contractor fails or refuses to comply promptly, the Owner may issue an order
stopping all or part of the Work of this Contract until satisfactory corrective action
has been taken.
No part of the time lost due to any such stop orders shall be made the subject of a
claim for extension of time or for excess costs or damages by the Contractor unless
it was determined that the Contractor was in compliance.
2.
END OF SECTION
ENVIRONMENT PROTECTION
Project No. 3688 03 Jan 03
01450-5
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section describes construction facilities and temporary controls required for the
Work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Except that equipment fwrnished by subcontractors shall comply with requirements
of pertinent safety regulations, such equipment normally furnished by the individual
trades in execution of their own portions of the Work are not part of this Section.
Permanent installation and hookup of the various utility lines are described in other
Sections.
2.
3.
1.2 REQUIREMENTS
A. Provide construction facilities and temporary controls needed for the Work including, but
not necessarily limited to:
1.
2.
3. Sanitary facilities;
4.
5.
6. Project sign.
Temporary utilities such as heat, water, electricity, and telephone;
Field office for the Contractor's personnel;
Enclosures such as tarpaulins, barricades, and canopies;
Temporary fencing of the construction site;
1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Project No. 3688 03 Jan 03
0 1500- 1
PART 2 - PRODUCTS
2.1 UTILITIES
A. Water:
1.
2.
Provide necessary temporary piping and water supply and, upon completion of the
Work, remove such temporary facilities.
Provide and pay for water used in construction.
B. Electricity:
1.
2.
Provide necessary temporary wiring and, upon completion of the Work, remove
such temporary facility.
Provide area distribution boxes so located that the individual trades may furnish and
use 30 m (100 ft) maximum length extension cords to obtain power and lighting at
points where needed for work, inspection, and safety.
Provide and pay for electricity used in construction. 3.
C. Heating: Provide and maintain heat necessary for proper conduct of operations needed in
the Work.
D. Telephone:
1.
2.
Make necessary arrangements and pay costs for installation and operation of
telephone service to the Contractor's office at the site.
Make the telephone available to the Owners Designated Representative for use in
connection with the Work.
2.2 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1.
2.
Provide a field office building and sheds adequate in size and accommodation for
Contractor's offices, supply, and storage.
Within the Contractor's facilities, provide enclosed space adequate for holding
project meetings. Furnish with table, chairs, and utilities.
B. Sanitary facilities:
1.
2,
Provide temporary sanitary facilities in the quantity required for use by all personnel.
Maintain in a sanitary condition at all times.
2.3 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies,
warning signs, steps, platforms, bridges, and other temporary construction necessary for
proper completion of the Work in compliance with pertinent safety and other regulations.
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Project No. 3688 03 Jan 03
01 500-2
2.4
A.
2.5
A.
B.
C.
TEMPORARY FENCING
Provide and maintain for the duration of construction a temporary fence of design and
type needed to prevent entry onto the Work by the public.
PROJECT SIGNS
Prior to start of construction, secure from the Owners Designated Representative at the
Owners Designated Representative's office, one of the Owners Designated
Representative's standard job signs. Mount at the job site where directed by the Owners
Designated Representative.
Upon completion of the Work, demount the Owners Designated Representative's job
signs and return them to the Owners Designated Representative's office.
Except as otherwise specifically approved by the Owners Designated Representative, do
not permit other signs or advertising on the job site.
PART 3 - EXECUTION
3.1
A.
B.
MAINTENANCE AND REMOVAL
Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
Remove such temporary facilities and controls as rapidly as progress of the Work will
permit, or as directed by the Owners Designated Representative.
END OF SECTION
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Project No. 3688 03 Jan 03
0 1500-3
rmi
1.1
A.
B.
1.2
A.
1.3
A.
B.
1.4
A.
SECTION 01545
CONTRACTOR'S USE OF THE PREMISES
1 - GENERAL - .-'1
SUMMARY
This Section applies to all situations in which the Contractor or his representatives
including, but not necessarily limited to, suppliers, subcontractors, employees, and field
engineers, enter upon the Owner's property.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
SUBMITTALS
Maintain an accurate record of the names and identification of all persons entering upon
the Owner's property in connection with the Work of this Contract, including times of
entering and times of leaving, and submit a copy of the record to the Owner daily.
QUALITY ASSURANCE
Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
Require that all personnel who will enter upon the Owner's property certify their
awareness of and familiarity with the requirements of this Section.
SECURITY
Restrict the access of all persons entering upon the Owner's property in connection with
the Work to the Access Route and to the actual site of the Work.
END OF SECTION
CONTRACTOR'S USE OF THE PREMISES
0 1545-1
H:\Capital Improvement Program\3688 Fire Station #5 Storage Facilities\Design\Confract Docs\01545.doc
GlLLlS AND ASSOCIATES INC. 9916 CPWC March 5, 2003
SECTION 01550
VEHICLE ACCESS AND PARKING
PART 1 - GENERAL
1.1 SUMMARY
A. This Section describes vehicle access and parking facilities for existing and temporary
controls for phasing.
B. Provide alternative routes and roadway designation for both construction and owners
employees during the time of contract work.
C. Maintain clear access to existing buildings for continued operation and minimum
interruption of owner's daily services and activities in the course of the contract.
D. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Bidding Documents, General Conditions, Supplementary Conditions, and Sections
in Division 1 of these Specifications.
Except that equipment furnished by subcontractors shall comply with requirements
of pertinent safety regulations, such equipment normally furnished by the individual
trades in execution of their own portions of the Work are not part of this Section.
2.
1.2 REQUIREMENTS
A. Provide construction facilities and temporary controls needed for the Work including, but
not necessarily limited to:
1.
2. Temporary barricades and fencing
3.
4. Bridging or trench platforms
5.
Contractor's personnel for traffic control
Temporary signs at the construction site
Temporary alternative traffic routes and designated parking
1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
1.4 ACCESS AND TRANSPORTATION
A. Truck and equipment haul access:
1. To avoid traffic conflict with vehicles of the Owner's employees and customers, and
to avoid overloading of streets and driveways elsewhere on the Owner's property,
limit the access of trucks and equipment to an approved access route.
VEHICLE ACCESS AND PARKING
01550-1
H:\Capital Improvement Program\3688 Fire Station #5 Storage Facilities\Oesign\Contract Docs\01550.doc
GlLLlS AND ASSOCIATES INC. 9916 CPWC February 26, 2003
2.
B. Owner’s and customer vehicle access:
1.
Provide adequate protection for curbs and sidewalks over which trucks and
equipment pass to reach the job site.
Require owner’s vehicles, vehicles belonging to employees of the owner, and all
other customer vehicles entering upon the Owner’s property during business hours
with assigned alternative routes and parking consistent with an approve access route.
1. Require Contractor’s vehicles and vehicles belonging to employees of the Contractor
entering upon the Owner’s property in performance of the Work of the Contract, to
use only the approved access route.
2. Do not permit such vehicles to park on any street or other area of the Owner’s .
property except as approved.
C. Contractor’s vehicles:
PART 2 - PRODUCTS
2.1 TEMPORARY TRAFFIC CONTROLS
A. Provide and maintain for the duration of construction traffic warning signs, steps,
platforms, bridges, and other temporary construction necessary for proper completion of
the Work in compliance with pertinent safety and other regulations.
2.4 TEMPORARY FENCING AND BARRICADES
A. Provide and maintain for the duration of construction a temporary fence and barricaded
of design and type needed to control traffic and pedestrians.
2.5 TRAFFIC CONTROL SIGNS
A. Prior to phasing of construction routes, secure from the owners representative phasing
and posting of signage at designated areas.
PART 3 - EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary traffic facilities and controls as long as needed for safe and proper
completion of the Work. Maintain project and site so owner’s employee roadways are
clear and unencumbered.
perrnit, or as directed by the Owners Designated Representative.
B. Remove such temporary facilities and controls as rapidly as progress of the Work will
END OF SECTION
VEHICLE ACCESS AND PARKING
01550-2
H:\Capital Improvement Program\36BB Fire Station #5 Storage Facilities\Design\Contract Docs\Ol550.doc
GlLLlS AND ASSOCIATES INC. 9916 CPWC February 26, 2003
SECTION 01620
STORAGE AND PROTECTION
PART 1 - GENERAL
1.1 SUMMARY
A. Protect products scheduled for use in the Work by means including, but not necessarily
limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Additional procedures also may be prescribed in other Sections of these
Specifications.
2.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as are
required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Owners Designated Representative, determine and
comply with manufacturers' recommendations on product handling, storage, and
protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with labels
intact and legible.
1.
2.
Maintain packaged materials with seals unbroken and labels intact until time of use.
Promptly remove damaged material and unsuitable items from the job site, and
promptly replace with material meeting the specified requirements, at no additional
cost to the Owner.
B. The Owners Designated Representative may reject as non-complying such material and
products that do not bear identification satisfactory to the Owners Designated
Representative as to manufacturer, grade, quality, and other pertinent information.
STORAGE AND PROTECTION
Project No. 3688 03 Jan 03
01620-1
1.5 PROTECTION
A. Protect finished surfaces, including jambs and sofits of openings used as passageways,
through which equipment and materials are handled.
B. Provide protection for finished floor surfaces in traffic areas prior to allowing equipment
or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the
Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of the
Owners Designated Representative and at no additional cost to the Owner.
€3. Additional time required to secure replacements and to make repairs will not be
considered by the Owners Designated Representative to justify an extension in the
Contract Time of Completion.
END OF SECTION
STORAGE AND PROTECTION
Project No. 3688 03 Jan 03
0 1 620-2
SECTION 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
PART 1 - GENERAL
1.01 SUMMARY
A. This Section describes product options available to bidders and the Contractor, plus
procedures for securing approval of proposed substitutions.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Make submittals in accordance with pertinent provisions of Section 01 340. 2.
1.02 PRODUCT OPTIONS
A. The Contract is based on standards of quality established in the Contract Documents.
1. In agreeing to the terms and conditions of the Contract, the Contractor has accepted
a responsibility to verify that the specified products will be available and to place
orders for all required materials in such a timely manner as is needed to meet his
agreed construction schedule.
Neither the Owner nor the Owners Designated Representative has agreed to the
substitution of materials or methods called for in the Contract Documents, except as
they may specifically otherwise state in writing.
2.
B. Materials and/or methods specified by name:
1. Where materials and/or methods are specified by naming one single manufacturer
and/or model number, without stating that equal products will be considered, only
the material and/or method named is approved for incorporation into the Work.
Should the Contractor demonstrate to the approval of the Owners Designated
Representative that a specified material or method was ordered in a timely manner
. and will not be available in time for incorporation into this Work, the Contractor
shall submit to the Owners Designated Representative such data on proposed
substitute materials and/or methods as are needed to help the Owners Designated
Representative determine suitability of the proposed substitution.
C. Where materials and/or methods are specified by name and/or model number, followed
by the words "or an equal approved in advance by the Owners Designated
Representative":
1. The material and/or method specified by name establishes the required standard of
quality;
2. Materials and/or methods proposed by the Contractor to be used in lieu of materials
2.
PRODUCT OPTIONS AND SUBSTITUTIONS
Project No. 3688 03 Jan 03
01630-1
and/or methods so specified by name shall in all ways equal or exceed the qualities
of the named materials and/or methods;
D. The following products do not require further approval except for interface within the
Work:
1.
2.
Products specified by reference to standard specifications such as ASTM and similar
standards;
Products specified by manufacturer;s name and catalog model number.
E. Where the phrase “substitute”, “or equal,” or “or equal as approved by the Owners
Designated Representative,” occurs in the Contract Documents, do not assume that the
materials, equipment, or methods will be approved as equal unless the item has been
specifically so approved for this Work by the Owners Designated Representative.
F. The decision of the Owners Designated Representative shall be final.
1.03 REIMBURSEMENT OF OWNERS DESIGNATED REPRESENTATIVE’S
COSTS
A. In the event substitutions are proposed to the Owners Designated Representative after
thirty-five calendar days has elapsed after the Contract has been awarded, the Owners
Designated Representative will record all time used by the Owners Designated
Representative and the Owners Designated Representative’s consultants in evaluating
each such proposed substitution.
B. Whether or not the Owners Designated Representative approves a proposed substitution,
the Contractor promptly upon receipt of the Owners Designated Representative’s billing
shall reimburse the Owners Designated Representative at the rate of two and one-half
times the direct cost to the Owners Designated Representative and the Owners
Designated Representative’s consultants for all time spent by them in evaluating the
proposed substitution.
1.04 DELAYS
A. Delays in construction arising by virtue of the nonavailability of a specified material
and/or method will not be considered by the Owners Designated Representative as
justifjmg an extension of the agreed Time of Completion.
PRODUCT OPTIONS AND SUBSTITUTIONS
Project No. 3688 03 Jan 03
01 630-2
_- FORM FOR REQUEST FOR SUBSTITUTIONS
_-
1.
2.
3.
4.
A. The attached form must be completed and signed before any request for
substitution will be considered.
This form will be used to initiate aq! substitution of an unspecified item for one
specified.
Specified item:
Specifications Section: Page: ParaLine: Specified Item:
Proposed Substitution:
Complete product description, drawings, photographs, performance and test data, and
other information necessary for evaluation is attached.
What differences exist between the proposed substitution and the specified item?
Does the proposed substitution affect drawings dimensions?
Yes- No- If “yes” explain:
5. Will changes be required in the building design in order to properly install the proposed
substitution?
Yes- No- If “yes” explain:
6.
7.
Will the undersigned pay for all changes to the building design, including engineering and
drawing costs, caused by the proposed substitution?
Yes- No
What effect does the proposed substitution have on other trades?
PRODUCT OPTIONS AND SUBSTITUTIONS
Project No. 3688 03 Jan 03
01 630-3
8.
9.
10.
11.
12.
Does the manufacturer’s warranty on the proposed substitution differ from that specified?
Yes- No- If “yes” explain:
-
Will the proposed substitution affect the construction progress schedule?
Yes- No- If “yes” explain:
Will maintenance and service parts be locally available for the proposed substitution?
Yes- No- If “no” explain:
Proposed total change in contract sum including changes in the work necessary to
accommodate this change:
Proposed Change to the contract sum:
Provide signature identical
to that shown on the bid form
Bidder
Address
Telephone
Date
(for City use only)
Accepted
Accepted as noted
Not Accepted
Received too late
BY
Date
Remarks
END OF SECTION
PRODUCT OPTIONS AND SUBSTITUTIONS
Project No. 3688 03 Jan 03
01630-4
SECTION 01700
CONTRACT CLOSEOUT
YAK1
1.1
A.
B.
1.2
A.
1.3
A.
-. -- . 1 - GENERAL
SUMMARY
This Section describes an orderly and eficient transfer of the completed Work to the
Owner.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Activities relative to Substantial Completion and Contract closeout are described in
the General Conditions.
2.
QUALITY ASSURANCE
Prior to requesting inspection by the Owners Designated Representative, use adequate
means to assure that the Work is completed in accordance with the specified
requirements and is ready for the requested inspection.
PROCEDURES
Substantial Completion:
1. Prepare and submit the list required by the first sentence of Paragraph 9.8.2 of the
General Conditions.
2. Within a reasonable time after receipt of the list, the Owners Designated
Representative will inspect to determine status of completion.
3. Should the Owners Designated Representative determine that the Work is not
substantially complete:
a.
b.
c.
When the Owners Designated Representative concurs that the Work is substantially
complete:
a. The Owners Designated Representative will prepare a "Certificate of Sub-
stantial Completion," accompanied by the contractor's list of items to be
The Owners Designated Representative promptly will so notify the Contractor,
in writing, giving the reasons therefore.
Remedy the deficiencies and notify the Owners Designated Representative
when ready for reinspection.
The Owners Designated Representative will reinspect the Work.
4,
CONTRACT CLOSEOUT
Project No. 3688 03 Jan 03
0 1700- 1
completed or corrected, as verified by the Owners Designated Representative.
b. The Owners Designated Representative will submit the Certificate to the Owner
and to the Contractor for their written acceptance of the responsibilities
assigned to them in the Certificate.
B. Final Completion:
1.
2.
3. Certiflthat:
Prepare and submit the Contractor’s notification that the work is complete.
Verify that the Work is complete.
a. Contract Documents have been reviewed;
b. Work has been inspected for compliance with the Contract Documents;
c. Work has been completed in accordance with the Contract Documents;
d. Equipment and systems have been tested as required, and are operational;
e. Work is completed and ready for final inspection.
The Owners Designated Representative will make an inspection to verify status of
completion.
Should the Owners Designated Representative determine that the Work is incom-
plete or defective:
a.
b.
When the Owners Designated Representative determines that the Work is acceptable
under the Contract Documents, he will request the Contractor to make closeout
submittals.
4.
5.
The Owners Designated Representative promptly will so notify the Contractor,
in writing, listing the incomplete or defective work.
Remedy the deficiencies promptly, and notify the Owners Designated
Representative when ready for reinspection.
6.
C. Closeout submittals include, but are not necessarily limited to:
1.
2.
Project Record Documents described in Section 01 720;
Operation and maintenance data for items so listed in pertinent other Sections of
these Specifications, and for other items when so directed by the Owners Designated
Representative;
3. Warranties and bonds;
4. Keys and keying schedule;
5.
6.
Spare parts and materials extra stock;
Evidence of compliance with requirements of governmental agencies having
jurisdiction including, but not necessarily limited to:
a. Certificates of Inspection;
b. Certificates of Occupancy;
Certificates of Insurance for products and completed operations;
Evidence of payment and release of liens;
List of subcontractors, service organizations, and principal vendors, including
names, addresses, and telephone numbers where they can be reached for emergency
7.
8.
9.
CONTRACT CLOSEOUT
Project No. 3688 03 Jan 03
0 1700-2
service at all times including nights, weekends, and holidays.
Submit a final statement of accounting to the Owners Designated Representative,
showing all adjustments to the Contract Sum.
If so required, the Owners Designated Representative will prepare a final Change
Order showing adjustments to the Contract Sum which were not made by Change
Orders.
D. Final adjustment of accounts:
1.
2.
1.4 INSPECTION
A. Instruct the Owner's personnel in proper operation and maintenance of systems,
equipment, and similar items which were provided as part of the Work.
END OF SECTION
CONTRACT CLOSEOUT
Project No. 3688 03 Jan 03
0 1700-3
SECTION 01710
CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Throughout the construction perioc, maintain the buildings and site in a standard of
cleanliness as described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
In addition to standards described in this Section, comply with requirements for
cleaning as described in pertinent other Sections of these Specifications.
2.
1.2 QUALITY ASSURANCE
A. Conduct daily inspection, and more often if necessary, to verify that requirements for
cleanliness are being met.
B. In addition to the standards described in this Section, comply with pertinent requirements
of governmental agencies having jurisdiction.
PART 2 - PRODUCTS
2.1 CLEANING MATERIALS AND EQUIPMENT
A. Provide required personnel, equipment, and materials needed to maintain the specified
standard of cleanliness.
2.2 COMPATIBILITY
A. Use only the cleaning materials and equipment which are compatible with the surface
being cleaned, as recommended by the manufacturer of the material.
CLEANING
Project No. 3688 03 Jan 03
01710-1
PART 3 - EXECUTION
3.1 PROGRESS CLEANING
A. General:
1.
2.
3.
4.
Retain stored items in an orderly arrangement allowing maximum access, not
impeding traffic or .drainage, and providing required protection of materials.
Do not allow accumulation of scrap, debris, waste material, and other items not
required for construction of this Work.
At least twice each month, and more often if necessary, completely remove all scrap,
debris, and waste material from the job site.
Provide adequate storage for all items awaiting removal from the job site, observing
requirements for fire protection and protection of the ecology.
B. Site:
1.
2.
Daily, and more often if necessary, inspect the site and pick up all scrap, debris, and
waste material. Remove such items to the place designated for their storage.
Weekly, and more often if necessary, inspect all arrangements of materials stored on
the site. Restack, tidy, or otherwise service arrangements to meet the requirements
of subparagraph 3.1 -A- 1 above.
Maintain the site in a neat and orderly condition at all times. 3.
C. Structures:
1. Weekly, and more often if necessary, inspect the structures and pick up all scrap,
debris, and waste material. Remove such items to the place designated for their
storage.
Weekly, and more often if necessary, sweep interior spaces clean.
a.
2.
"Clean," for the purpose of this subparagraph, shall be interpreted as meaning
free from dust and other material capable of being removed by use of reason-
able effort and a hand-held broom.
3. As required preparatory to installation of succeeding materials, clean the structures
or pertinent portions thereof to the degree of cleanliness recommended by the
manufacturer of the succeeding material, using equipment and materials required to
achieve the necessary cleanliness.
Following the installation of finish floor materials, clean the finish floor daily (and
more often if necessary) at all times while work is being performed in the space in
which finish materials are installed.
a. "Clean," for the purpose of this subparagraph, shall be interpreted as meaning
free from foreign material which, in the opinion of the Owners Designated
Representative, may be injurious to the finish floor material.
4.
3.2 FINALCLEANING
A. "Clean," for the purpose of this Article, and except as may be specifically provided
CLEANING
Project No. 3688 03 Jan 03
0 17 10-2
otherwise, shall be interpreted as meaning the level of cleanliness generally provided by
skilled cleaners using commercial quality building maintenance equipment and materials.
B. Prior to completion of the Work, remove fiom the job site all tools, surplus materials,
equipment, scrap, debris, and waste. Conduct final progress cleaning as described in
Article 3.1 above.
C. Site:
1.
2. Completely remove resultant debris.
Unless otherwise specifically directed by the Owners Designated Representative,
broom clean paved areas on the site and public paved areas adjacent to the site.
D. Structures:
1. Exterior:
a.
b.
c.
d.
Visually inspect exterior surfaces and remove all traces of soil, waste materials,
smudges, and other foreign matter.
Remove all traces of splashed materials from adjacent surfaces.
If necessary to achieve a uniform degree of cleanliness, hose down the exterior
of the structure.
In the event of stubborn stains not removable with water, the Owners
Designated Representative may require light sandblasting or other cleaning at
no additional cost to the Owner.
Visually inspect interior surfaces and remove all traces of soil, waste materials,
smudges, and other foreign matter.
Remove all traces of splashed material fiom adjacent surfaces.
Remove paint droppings, spots, stains, and dirt fiom finished surfaces.
2. Interior:
a.
b.
c.
Polished surfaces: To surfaces requiring routine application of buffed polish, apply
the polish recommended by the manufacturer of the material being polished.
'
3. Glass: Clean inside and outside.
4.
E. Schedule final cleaning as approved by the Owners Designated Representative to enable
the Owner to accept a completely clean Work.
3.3 CLEANING DURING OWNER'S OCCUPANCY
A. Should the Owner occupy the Work or any portion thereof prior to its completion by the
Contractor and acceptance by the Owner, responsibilities for interim and final cleaning
shall be as determined by the Owners Designated Representative in accordance with the
General Conditions of the Contract.
END OF SECTION
CLEANING
01710-3
Project No. 3688 03 Jan 03
YAK1
1.1
A.
B.
1.2
A.
B.
C.
D.
1.3
A.
B.
SECTION 01720
PROJECT RECORD DOCUMENTS
1 - tiENJ!X4L
SUMMARY
Throughout progress of the Work, maintain an accurate record of changes in the Contract
Documents, as described in Article 3.1 below and, upon completion of the Work, transfer
the recorded changes to a set of Record Documents, as described in Article 3.2 below.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Other requirements affecting Project Record Documents may appear in pertinent
other Sections of these Specifications.
2.
SUBMITTALS
Comply with pertinent provisions of Section 01 340.
The Owners Designated Representative's approval of the current status of Project Record
Documents may be a prerequisite to the Owners Designated Representative's approval of
requests for progress payment and request for final payment under the Contract.
Prior to submitting each request for progress payment, secure the Owners Designated
Representative's approval of the current status of the Project Record Documents.
Prior to submitting request for final payment, submit the final Project Record Documents
to the Owners Designated Representative and secure his approval.
QUALITY ASSURANCE
Delegate the responsibility for maintenance of Record Documents to one person on the
Contractor's staff as approved by the Owners Designated Representative.
Accuracy of records:
1. Thoroughly coordinate changes within the Record Documents, making adequate and
proper entries on each page of Specifications and each sheet of Drawings and other
Documents where such entry is required to show the change properly.
PROJECT RECORD DOCUMENTS
Project No. 3688 03 Jan 03
0 1720-1
2. Accuracy of records shall be such that future search for items shown in the Contract
Documents may rely reasonably on information obtained from the approved Project
Record Documents.
C. Make entries within 24 hours after receipt of information that the change has occurred.
1.4 DELIVERY, STORAGE, AND HANDLING
A. Maintain the job set of Record Documents completely protected from deterioration and
from loss and damage until completion of the Work and transfer of all recorded data to
the final Project Record Documents to AutoCAD electronic file.
B. In the event of loss of recorded data, use means necessary to again secure the data to the
Owners Designated Representative's approval.
1. Such means shall include, if necessary in the opinion of the Owners Designated
Representative, removal and replacement of concealing materials.
2. In such case, provide replacements to the standards originally required by the
Contract Documents.
PART 2 - PRODUCTS
2.1 RECORD DOCUMENTS
A. Job set: Promptly following receipt of the Owner's Notice to Proceed, secure from the
Owners Designated Representative one complete set of all Documents comprising the
Contract.
B. Final Record Documents: At a time nearing completion of the Work, secure from the
Owners Designated Representative one complete set of mylar transparencies of all
Drawings in the Contract and a compact disk of electronic drawing files in AutoCAD
format.
PART 3 - EXECUTION
3.1 MAINTENANCE OF JOB SET
A. Immediately upon receipt of the job set described in Paragraph 2.1 -A above, identify
each of the Documents with the title, "RECORD DOCUMENTS - JOB SET.''
B. Preservation:
1. Considering the Contract completion time, the probable number of occasions upon
which the job set must be taken out for new entries and for examination, and the
conditions under which these activities will be performed, devise a suitable method
for protecting the job set to the approval of the Owners Designated Representative.
PROJECT RECORD DOCUMENTS
Project No. 3688 03 Jan 03
0 1720-2
C.
2. Do not use the job set for any purpose except entry of new data and for review by
the Owners Designated Representative, until start of transfer of data to final Project
Record Documents.
Maintain the job set at the site of Work as that site is designated by the Owners
Designated Representative.
3.
Making entries on Drawings:
1.
2. Date all entries.
3.
3.
4.
Using an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
Call attention to the entry by a "cloud" drawn around the area or areas affected.
In the event of overlapping changes, use different colors for the overlapping
changes.
Transfer the hard copy record drawing data into electronic AutoCAD format
"DWG" files. Contractor shall provide entry of all electronic record data at no
additional cost to the owner or Owners Designated Representative.
D. Make entries in the pertinent other Documents as approved by the Owners Designated
Representative.
E. Conversion of schematic layouts:
1. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts,
and similar items, is shown schematically and is not intended to portray precise
physical layout.
a. Final physical arrangement is determined by the Contractor, subject to the
Owners Designated Representative's approval.
b. However, design of future modifications of the facility may require accurate
information as to the final physical layout of items which are shown only sche-
matically on the Drawings.
Show on the job set of Record Drawings, by dimension accurate to within one inch,
the centerline of each run of items such as are described in subparagraph 3.1 -E-1
above.
a. Clearly identifjl the item by accurate note such as "cast iron drain," "galv.
water," and the like.
b. Show, by symbol or note, the vertical location of the item ("under slab," "in
ceiling plenum," "exposed," and the like).
c. Make all identification so descriptive that it may be related reliably to the
Specifications.
The Owners Designated Representative may waive the requirements for conversion
of schematic layouts where, in the Owners Designated Representative's judgment,
conversion serves no usefid purpose. However, do not rely upon waivers being
issued except as specifically issued in writing by the Owners Designated
Representative.
2.
3.
PROJECT RECORD DOCUMENTS
Project No. 3688 03 Jan 03
0 1720-3
3.2 FINAL PROJECT RECORD DOCUMENTS
A. The purpose of the final Project Record Documents is to provide factual information
regarding all aspects of the Work, both concealed and visible, to enable future modifi-
cation of the Work to proceed without lengthy and expensive site measurement,
investigation, and examination.
B. Approval of recorded data prior to transfer:
1. Following receipt of the transparencies described in Paragraph 2.1 -B above, and
prior to start of transfer of recorded data thereto, secure the Owners Designated
Representative's approval of all recorded data.
2. Make required revisions.
C. Transfer of data to Drawings:
1.
2.
Carefully transfer change data shown on the job set of Record Drawings to the
corresponding transparencies, coordinating the changes as required.
Clearly indicate at each affected detail and other Drawings a full description of
changes made during construction, and the actual location of items described in
subparagraph 3.1 -E- 1 above.
Call attention to each entry by drawing a "cloud" around the area or areas affected.
Make changes neatly, consistently, and with the proper media to assure longevity
and clear reproduction.
3.
4.
D. Transfer of data to other Documents:
1. If the Documents other than Drawings have been kept clean during progress of the
Work, and if entries thereon have been orderly to the approval of the Owners
Designated Representative, the job set of these Documents other than Drawings will
be accepted as final Record Documents.
If any such Document is not so approved by the Owners Designated Representative,
secure a new copy of that Document from the Owners Designated Representative at
the Owners Designated Representative's usual charge for reproduction and handling,
and carefully transfer the change data to the new copy to the approval of the Owners
Designated Representative.
2.
E. Review and submittal:
1.
2.
3.
Submit the completed set of Project Record Documents to the Owners Designated
Representative as described in Paragraph 1.2-D above.
Participate in review meetings as required.
Make required changes and promptly deliver the final Project Record Documents to
the Owners Designated Representative.
PROJECT RECORD DOCUMENTS
Project No. 3688 03 Jan 03
01 720-4
- 3.3 CHANGES SUBSEQUENT TO ACCEPTANCE
A. The Contractor has no responsibility for recording changes in the Work subsequent to
Final Completion, except for changes resulting from work performed under Warranty.
END OF SECTION
PROJECT RECORD DOCUMENTS
Project No. 3688 03 Jan 03
0 1720-5
1.1
A.
B.
1.2
A.
B.
C.
1.3
A.
SECTION 01730
OPERATION AND MAINTENANCE DATA
1 - tiJSNJS;KAL
SUMMARY
To aid the continued instruction of operating and maintenance personnel, and to provide
a positive source of information regarding products incorporated into the Work, furnish
and deliver the data described in this Section and in pertinent other Sections of these
Specifications.
Related work
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Required contents of submittals also may be amplified in pertinent other Sections of
these Specifications.
2.
SUBMITTALS
Comply with pertinent provisions of Section 01340.
Submit two copies of a preliminary draft of the proposed Manual or Manuals to the
Owners Designated Representative for review and comments.
Unless otherwise directed in other Sections, or in writing by the Owners Designated
Representative, submit three copies of the final Manual to the Owners Designated
Representative prior to indoctrination of operation and maintenance personnel.
QUALJTY ASSURANCE
In preparing data required by this Section, use only personnel thoroughly trained and
experienced in operation and maintenance of the described items, completely familiar
with the requirements of this Section, and skilled in technical writing to the extent
needed for communicating the essential data.
OPERATION AND MAINTENANCE DATA
Project No. 3688 03 Jan 03
0 1730- 1
PART 2 - PRODUCTS
2.1 INSTRUCTION MANUALS
A. Where instruction Manuals are required to be submitted under other Sections of these
Specifications, prepare in accordance with the provisions of this Section.
B. Format:
1. Size:
2. Paper:
3. Text:
4. Drawings:
5. Flysheets:
6. Binding:
213 ~IYI x 275 lll11l(8-1/2" x 11")
White bond, at least 9 kg (20 lb) weight
Neatly written or printed
275 mm (1 1") in height preferable; bind in with text; foldout
acceptable; larger drawings acceptable but fold to fit within the
Manual and provide a drawing pocket inside rear cover or bind in
with text.
briefly describing contents of the ensuing portion; flysheets may
be in color.
Use heavy-duty plastic or fiberboard covers with binding mechanism
concealed inside the Manual; 3-ring binders will be acceptable; all
binding is subject to the Owners Designated Representative's
approval.
Separate each portion of the Manual with neatly prepared flysheets
7. Measurements: Provide all measurements in U.S. Stand
ard units such as feet-and-inchesy lbs, and cfm; where items
may be expected to be measured within ten years in accordance
with metric formulae, provide additional measurements in the
"International System of Units" (SI).
C. Provide front and back covers for each Manual, using durable material approved by the
Owners Designated Representative, and clearly identified on or through the cover with at
least the following information:
OPERATING AND MAINTENANCE INSTRUCTIONS
( )
( )
( 1 (0
)
)
(
((
( 1
1 ( space for signature of )
(_-the 00
D. Contents: Include at least the following:
1. Neatly typewritten index near the front of the Manual, giving immediate information
OPERATION AND MAINTENANCE DATA
Project No. 3688 03 Jan 03
0 1730-2
2.
3.
4.
5.
6.
7.
as to location within the Manual of all emergency information regarding the in-
stallation.
Complete instructions regarding operation and maintenance of all equipment
involved including lubrication, disassembly, and reassembly.
Complete nomenclature of all parts of the equipment.
Complete nomenclature and part number of all replaceable parts, name and address
of nearest vendor, and all other data pertinent to procurement procedures.
Copy of all guarantees and warranties issued.
Manufacturers' bulletins, cuts, and descriptive data, where pertinent, clearly
indicating the precise items included in this installation and deleting, or otherwise
clearly indicating, all manufacturers' data with which this installation is not
concerned.
Such other data as required in pertinent other Sections of these Specifications.
PART 3 - EXECUTION
3.1 INSTRUCTION MANUALS
A. Preliminary:
1.
2.
3.
Prepare a preliminary draft of each proposed Manual.
Show general arrangement, nature of contents in each portion, probable number of
drawings and their size, and proposed method of binding and covering.
Secure the Owners Designated Representative's approval prior to proceeding.
B. Final: Complete the Manuals in strict accordance with the approved preliminary drafts
and the Owners Designated Representative's review comments.
C. Revisions:
1. Following the indoctrination and instruction of operation and maintenance
personnel, review all proposed revisions of the Manual with the Owners Designated
Representative.
If the Contractor is required by the Owners Designated Representative to revise
previously approved Manuals, compensation will be made as provided for under
"Changes" in the General Conditions.
2.
END OF SECTION
OPERATION AND MAINTENANCE DATA
Project No. 3688 03 Jan 03
01730-3
SECTION 01900
SEISMIC BRACING AND ANCHORING
PART 1 - GENERAL
1.1 SUMMARY
A. Provide bracing and anchoring for all cabinets, casework, wall-hung and ceiling-hung
equipment and specialties, floor-supported and floor-attached equipment, conveying
systems, mechanical equipment, electrical equipment, and all other non-portable items
essential to operation and use of the facility including items furnished by the Contractor
and items furnished by the Owner but installed by the Contractor.
B. For Owner-Furnished-Contractor-Installed items, the Owner will furnish such additional
information as is required by the Contractor for preparation of Shop Drawings and cal-
culations.
1.2 SUBMITTALS
A. Where design of bracing and anchoring is completely shown on the Drawings, no
submittal is required.
B. Where design of bracing and anchoring is not completely shown on the Drawings, and
for equipment andor items shown as "deferred," prepare and submit the following in
accordance with the approved Contract Schedule:
1. Shop Drawings clearly defining the proposed method for bracing and anchoring the
pertinent item or items, and interface of the bracing and anchoring with adjacent
materials;
Calculations, prepared, signed, and stamped by a registered civil or structural
engineer, employed and paid by the Contractor, supporting the proposed bracing and
anchoring design and demonstrating its adequacy.
2.
C. Secure the Owners Designated Representative's approval and approval of all govern-
mental agencies having jurisdiction prior to fabrication and installation.
1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
SEISMIC BRACING AND ANCHORING
0 1900- 1
Project No. 3688 03 Jan 03
B. In addition to complying with pertinent requirements of governmental agencies having
jurisdiction, brace and anchor to resist horizontal forces acting in any direction using the
following criteria:
1. Light fixtures 100% of weight;
2. Fixed equipment 50% of operating weight;
3. Emergency power and communication 75% of operating weight;
4. Flexibly-mounted equipment Use two times the above values;
5. Simultaneous vertical force Use 1/3 times the horizontal force.
PART 2 - PRODUCTS
=. 2.1 GENERAL
A. Provide materials, equipment, labor, and all other items as needed to comply with
requirements of the governmental agencies having jurisdiction.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
3.2 FABRICATION AND INSTALLATION
A. Fabricate and install bracing and anchoring in accordance with the approved design and
all other requirements of the Contract.
END OF SECTION
SEISMIC BRACING AND ANCHORING
Project No. 3688 03 Jan 03
0 1900-2
SECTION 02010 - SUBSURFACE INVESTIGATION
PART 1 - GENERAL
1.01 SUMMARY
A. This Section describes soils investigation at the site, and use of data resulting fiom that
investigation.
1.02 SOILS INVESTIGATION REPORT
A. General:
1. A soils investigation report has been prepared for the site of this Work by the soil
investigation engineer selected by the Owner. The report is dated 25 MAY 2000 and
is titled
UPDATE GEOTECHNICAL EVALUATION CARLSBAD FIRE STATION NOS
STORAGE FACILITY 2650 ORION WAY, CARLSBAD CALIFORNIA,
CARLSBAD PROJECT NO. 3688.
The report was prepared by:
Testing Engineers - San Diego, Inc.
7895 Convoy Court, Suite 18
San Diego California 92 1 1 1
2. The report is attached as Appendix A.
B. Use of data:
1.
2.
3.
This report was obtained only for the Owner's Designated Representative's use in
design and is not a part of the Contract Documents.
The report is available for bidders' information, but is not a warranty of subsurface
conditions.
Bidders should visit the site and acquaint themselves with existing conditions.
1.03 QUALITY ASSURANCE
A. A construction soil engineer will be retained by the Owner to observe performance of
work in connection with excavating, trenching, filling, backfilling, and grading, and to
perform compaction tests.
B. Readjust work performed that does not meet technical or design requirements, but make
no deviation fiom the Contract Documents without specific and written approval fiom
the Owner's Designated Representative.
END OF SECTION
SUBSURFACE INVESTIGATION
02010-1
Project No. 3688 03 Jan 03
SECTION 02050
DEMOLITION
PART 1 - GENE-
1.01 DESCRIPTION
A. Provide all demolition required to perform the work covered under this contract
including:
1. Remove existing construction where shown to be removed.
2. Remove existing construction andor finishes as required to provide access and/or
to perform other work included in this contract.
3. Include removal of mechanical and electrical work contained in construction to
be removed. Disconnect and cap off utilities in accordance with referenced codes
and all applicable safety regulations.
removed and serve other areas notify the Owner before disrupting service. If
rerouting is required the Owner may issue a Change Order to accomplish the
required work.
5. Store and protect items intended for reuse.
6. Remove debris and unwanted materials from the site and dispose of legally.
4. Where utilities that are not shown pass through construction that must be
1.02 NOISE AND DUST CONTROL
A. Perform work in accordance with Standard Specifications.
B. Provide temporary partitions to control dust and noise and exclude unauthorized
persons.
C. Perform work in a manner to cause least disturbance to adjacent buildings and work
to remain.
D. Maintain adequate means of safe, clear egress for marina occupants.
E. Employ all available techniques for construction noise abatement. Use remote, well
mufflered air compressors and newest noise suppressed pneumatic and electric tools.
PART 2 - PRODUCTS
Not used.
DEMOLITION
Project No. 3688 03 Jan 03
02050-1
PART 3 - EXECUTION
3.01 REMOVAL OF EXISTING CONSTRUCTION
A. Provide careful selective cutting and removal of existing construction.
B. As an option to breaking up the existing AC paving it will be acceptable to pulverize
the existing paving in place and move it to a stockpile area for use later as base for
the new paving to be placed. The method used to pulverize the existing base shall
conform to Cal Trans approved methodologies, and the resulting materials
acceptable to the City employed soils engineer.
3.02 PROTECTION OF WORK TO REMAIN
A. Protect all work to remain. Repair damage with materials, workmanship and
finishes matching existing work when new.
B. Most existing floor finishes will not be replaced in this contract. It is essential that
these floors be protected from any damage due to impact, dirt, abrasion, paints and
solvents.
3.03 CUTTING HOLES IN CONCRETE
A. The Contractor is cautioned that electrical conduits and reinforcing are concealed in
concrete and are not shown on any drawings. Use electronic detection equipment to
locate concealed items before cutting holes. Take all required precautions to avoid
damage to existing conduits or reinforcing.
3.04 REMOVAL AND DISPOSAL OF MATERIAL
A. Removed material other than that to be reused shall become the property of the
Contractor who shall remove it from the site and dispose of it in a legal manner.
END OF SECTION
DEMOLITION
Project No. 3688 03 Jan 03
02050-2
SECTION 02100
SITE PREPARATION
PART 1 - GENERAL
1.01 DESCRIPTION
A. Site preparation shall consist of all Clearing and Grubbing, Stripping, Demolition and
related work necessary to prepare the project site for construction operations.
B. No open burning of debris, lumber, or other scrap will be permitted.
PART 2 - EXECUTION
2.01 DEMOLITION
Demolish and remove interfering portions of existing concrete, foundations, asphalt,
posts, poles, or other structures. See Section 02050.
2.02 CLEARING
A. Clearing shall consist of the felling, trimming and cutting of trees, and the removal of
downed timber, shrubs, grasses, debris and rubble within the project limits.
2.03 GRUBBING
Grubbing shall consist of the removal and disposal of stumps, roots larger than
3 inches in diameter, and matted roots from the within the property lines.
Depressions made by grubbing shall be filled with structural backfill material and
compacted to make the surface conform with the original adjacent surface of the
ground, unless further excavation is required.
2.04 DISPOSAL
A. Felled Trees and Downed Timber: Dispose of in a legal manner.
B. Dispose of remaining vegetation and debris in a legal manner.
SITE PREPARATION
2100-1
Project No. 3688 03 Jan 03
2.05 IMPORTED BACKFILL MATERIAL
Import, place and compact imported backfill material in all voids created by removals
(except pavement removal) in accordance with Section 02202.
END OF SECTION
SITE PREPARATION
2 1 00-2
Project No. 3688 03 Jan 03
SECTION 02110
CLEARING
PART 1 - GENERAL
1.01
A.
B.
1.02
A.
1.03
A.
SUMMARY
Clear and grub the site as shown on the Drawings and specified in this Section.
Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
Section 02220: Backfilling and compacting. 2.
QUALITY ASSURANCE
Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
DELIVERY, STORAGE, AND HANDLING
Comply with pertinent provisions of Section 0 1620.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Provide materials, not specifically described but required for proper completion of the
work of this Section, as selected by the Contractor subject to the approval of the Owner’s
Designated Representative.
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
3.02 PROTECTION
CLEARING
021 10-1
Project No. 3688 03 Jan 03
A. Protect existing utilities indicated or made known.
B. Protect trees and shrubs, where indicated to remain, by providing a fence around the tree
or shrub of sufficient distance away and of sufficient height so trees and shrubs will not
be damaged in any way as part of this Work.
C. Protection of persons and property:
1.
2.
3.
Barricade open depressions and holes occurring as part of this Work, and post
warning lights on property adjacent to or with public access.
Operate warning lights during hours from dusk to dawn each day and as otherwise
required.
Protect structures, utilities, sidewalks, pavements, and other facilities from damage
caused by settlement, lateral movement, undermining, washout, and other hazards
created by operations under this Section.
D. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors,
and to other work being performed on or near the site.
E. Maintain access to the site at all times.
3.03 CLEARING
A. Clean out roots 25 mm (1") in diameter and larger to a depth of at least 300 mm (12")
below the existing ground surface or subgrade of new graded surface, whichever is
lower. Treat roots remaining in the soil with a weed killer approved by the Owner's
Designated Representative.
3.04 CONSERVATION OF TOPSOIL
A. After the area has been cleared of vegetation, strip the existing topsoil to the depth
necessary to provide at least 150 mm (6") depth of topsoil in areas shown on the
Drawings to be turfed or planted, and to fill planters, without contamination with
subsoils.
B. Stockpile in an area clear of new construction.
C. Maintain the stockpile in a manner, which will not obstruct the natural flow of drainage.
1.
2.
Maintain stockpile free from debris and trash.
Keep the topsoil damp to prevent dust and drying out.
3.05 DISPOSAL
CLEARING
02 1 10-2
Project No. 3688 03 Jan 03
A. General:
1.
2.
3.
Remove brush, grass, roots, trash, and other material fiom clearing operations.
Dispose of away from the site in a legal manner.
Do not store or permit debris to accumulate on the job site.
B. Do not burn debris at the site.
3.06 UTILITIES
A. Coordinate with utility companies and agencies as required.
B. Where utility cutting, capping, or plugging is required, perform such work in accordance
with requirements of the utility company or governmental agency having jurisdiction.
END OF SECTION
CLEARING
021 10-3
Project No. 3688 03 Jan 03
SECTION 02150
SHORES
PART 1 - GENERAL
1.1 SUMMARY
A. As specified in this Section, provide shoring at excavations and elsewhere as required to
protect workmen, materials, other properties, and the public.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
As established in the General Conditions of the Contract, the Contractor is solely
responsible for means and methods of construction and for the sequences and
procedures to be used.
2.
1.2 SUBMITTALS
A. Comply with pertinent provisions of Section 0 1340.
B. Prior to submitting shoring design for approval of governmental agencies having
jurisdiction, submit the design to the Owner’s Designated Representative for review.
1. The Owner’s Designated Representative’s review will be for space coordination
purposes only, and will not relieve the Contractor of his responsibilities under the
Contract.
Should changes in the shoring design be required subsequent to the Owner’s
Designated Representative’s review, coordinate all such changes with the Owner’s
Designated Representative and secure the Owner’s Designated Representative’s
approval of changes in space allocations.
2.
C. Upon completion of construction of this portion of the Work, submit to the Owner’s
Designated Representative two copies of a letter signed by the approved shoring design
engineer stating that, to the best of the shoring design engineer’s knowledge, the shoring
system was constructed in accordance with the arrangement reviewed by the Owner’s
Designated Representative.
1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
SHORES
Project No. 3688 03 Jan 03
02150-1
needed for proper performance of the work of this Section.
B. Employ a qualified engineer, properly permitted to provide such services at the location
of the Work, to design the shoring system and to inspect and report on the quality of its
construction.
C. Comply with pertinent requirements of governmental agencies having jurisdiction.
D. Coordinate the shoring design and construction with:
1. Soil investigation report prepared for this Work;
2. Structural system established for the Work, including location of columns, pilasters,
walls, and other features.
PART 2 - PRODUCTS
2.1 DESIGN
A. Design a shoring system which will safely and adequately prevent collapse of adjacent
materials and which will permit construction of the Work to the arrangement shown on
the Drawings.
B. Secure all needed approvals, including those of governmental agencies having
jurisdiction and of adjacent property owners if required, at no additional cost to the
Owner.
2.2 MATERIALS
A. Provide materials of all kinds as required for execution of the approved shoring system.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
3.2 INSTALLATION
A. Construct and install the shoring system in strict accordance with the design approved by
the governmental agencies having jurisdiction, and in strict accordance with the space
arrangement approved by the Owner’s Designated Representative.
END OF SECTION
SHORES
Project No. 3688 03 Jan 03
02150-2
SECTION 02220
EXCAVATING, BACKFILLING, AND COMPACTING
PART 1 - GENERAL
1.01 SUMMARY
A. Excavate, backfill, compact, and grade the site to the elevations shown on the Drawings,
as specified herein, and as needed to meet the requirements of the construction shown in
the Contract Documents.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications
Section 0201 0: Soils report and soil engineer. 2.
1.02 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
B. Use equipment adequate in size, capacity, and numbers to accomplish the work of this
Section in a timely manner.
C. In addition to complying with requirements of governmental agencies having
jurisdiction, comply with the directions of the soil engineer.
1.03 DELIVERY, STORAGE, AND HANDLING
A. Comply with pertinent provisions of Section 01620.
PART 2 - PRODUCTS
2.01 SOIL MATERIALS
A. Fill and backfill materials:
1. Provide soil materials fiee fiom organic matter and deleterious substances,
containing no rocks or lumps over 150 rnm (6") in greatest dimension, and with not
more than 15% of the rocks or lumps larger than 60 mm (2-3/8") in their greatest
dimension.
EXCAVATING, BACKFILLING, AND COMPACTING
02220- 1
Project No. 3688 03 Jan 03
2.02
A.
2.03
A.
B.
2.04
A.
2. Fill material is subject to the approval of the soil engineer, and is that material
removed from excavations or imported from off-site borrow areas, predominantly
granular, non-expansive soils free from roots and other deleterious matter.
Do not permit rocks having a dimension greater than 25 mm (1") in the upper 300
mm (1 2") of fill or embankment.
Cohesionless material used for structural backfill:
Provide sand free from organic material and other foreign matter, and as approved
by the soil engineer.
Where granular base is called for under building slabs, provide aggregate complying
with requirements of Section 03300 of these Specifications.
3.
4.
5.
WEED KILLER
Provide a dry, free-flowing, dust-free chemical compound, soluble in water, capable of
inhibiting growth of vegetation, and approved for use on this Work by governmental
agencies having jurisdiction.
TOPSOIL
Where and if shown on the Drawings or otherwise required, provide topsoil consisting of
friable, fertile soil of loamy character, containing an amount of organic matter normal to
the region, capable of sustaining healthy plant life, and reasonably free from subsoil,
roots, heavy or stiff clay, stones larger than 50 mm (2") in greatest dimension, noxious
weeds, sticks, brush, litter, and other deleterious matter.
Obtain topsoil from sources within the project limits, or provide imported topsoil
obtained from sources outside the project limits, or from both sources.
OTHER MATERIALS
Provide other materials, not specifically described but required for a complete and proper
installation, as selected by the Contractor subject to the approval of the Architect.
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
,
EXCAVATING, BACKFILLING, AND COMPACTING
02220-2
Project No. 3688 03 Jan 03
3.02 FINISH ELEVATIONS AND LINES - A. Comply with pertinent provisions of the General and Supplementary Conditions.
3.03 PROCEDURES
A. Utilities:
1. Unless shown to be removed, protect active utility lines shown on the Drawings or
otherwise made known to the Contractor prior to excavating. If damaged, repair or
replace at no additional cost to the Owner.
If active utility lines are encountered, and are not shown on the Drawings or
otherwise made known to the Contractor, promptly take necessary steps to assure
that service is not interrupted.
If service is interrupted as a result of work under this Section, immediately restore
service by repairing the damaged utility at no additional cost to the Owner.
If existing utilities are found to interfere with the permanent facilities being
constructed under this Section, immediately notify the Architect and secure his
instructions.
Do not proceed with permanent relocation of utilities until written instructions are
received from the Architect.
2.
3.
4.
5.
B. Protection of persons and property:
1.
2.
3.
Barricade open holes and depressions occurring as part of the Work, and post
warning lights on property adjacent to or with public access.
Operate warning lights during hours from dusk to dawn each day and as otherwise
required.
Protect structures, utilities, sidewalks, pavements, and other facilities from damage
caused by settlement, lateral movement, washout, and other hazards created by
operations under this Section.
C. Dewatering:
1.
2.
Remove all water, including rain water, encountered during trench and sub-structure
work to an approved location by pumps, drains, and other approved methods.
Keep excavatio,ns and site construction area free from water.
D. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors,
and to other work being performed on or near the site.
E. Maintain access to adjacent areas at all times.
3.04 EXCAVATING
A. Perform excavating of every type of material encountered within the limits of the Work to
the lines, grades, and elevations indicated and specified herein.
EXCAVATING, BACKFILLING, AND COMPACTING
Project No. 3688 03 Jan 03
02220-3
B.
C.
D.
E.
F.
G.
H.
I.
Satisfactory excavated materials:
1. Transport to, and place in, fill or embankment areas within the limits of the Work.
Unsatisfactory excavated materials:
1.
2.
Excavate to a distance below grade as directed by the soil engineer, and replace with
satisfactory materials.
Include excavation of unsatisfactory materials, and replacement by satisfactory
materials, as parts of the work of this Section.
Surplus materials:
1. Dispose of unsatisfactory excavated material, and surplus satisfactory excavated
material, away from the site at disposal areas arranged and paid for by the Contrac-
tor.
Excavation of rock:
1. Where rocks, boulders, granite, or similar material is encountered, and where such
material cannot be removed or excavated by conventional earth moving or ripping
equipment, take required steps to proceed with the general grading operations of the
Work, and remove or excavate such material by means which will neither cause
additional cost to the Owner nor endanger buildings or structures whether on or off
the site.
Do not use explosives without written permission from the Architect. 2.
Excavate and backfill in a manner and sequence that will provide proper drainage at all
times.
Borrow:
1. Obtain material required for fill or embankment in excess of that produced within
the grading limits of the Work ftom borrow areas selected and paid for by the
Contractor and approved by the soil engineer.
Ditches and gutters:
1.
2.
3.
Cut accurately to the cross sections, grades, and elevations shown.
Maintain excavations free from detrimental quantities of leaves, sticks, trash, and
other debris until completion of the Work.
Dispose of excavated materials as shown on the Drawings or directed by the soil
engineer; except do not, in any case, deposit materials less than 1 m (3'-0") from the
edge of a ditch.
Unauthorized excavation:
1. Unauthorized excavation consists of removal of materials beyond indicated subgrade
elevations or dimensions without specific instruction from the Architect or the soil
engineer.
Under footings, foundations, or retaining walls:
a.
2.
Fill unauthorized excavations by extending the indicated bottom elevation of
the footing or base to the excavation bottom, without altering the required top
EXCAVATING, BACKFILLING, AND COMPACTING
02220-4
Project No. 3688 03 Jan 03
I
elevation.
When acceptable to the soil engineer, lean concrete fill may be used to bring the
bottom elevation to proper position.
b.
Elsewhere, backfill and compact unauthorized excavations as specified for
authorized excavations, unless otherwise directed by the soil engineer.
3.
J. Stability of excavations:
Slope sides of excavations to 1 : 1 or flatter, unless otherwise directed by the soil
engineer.
Shore and brace where sloping is not possible because of space restrictions or
stability of the materials being excavated.
Maintain sides and slopes of excavations in a safe condition until completion of
backfilling.
1.
2.
3.
K. Shoring and bracing:
1. Provide materials for shoring and bracing as may be necessary for safety of
personnel, protection of work, and compliance with requirements of governmental
agencies having jurisdiction.
Maintain shoring and bracing in excavations regardless of the time period
excavations will be open.
Carry shoring and bracing down as excavation progresses.
2.
3.
L. Excavating for structures:
1. Conform to elevations and dimensions shown within a tolerance of 20 mm (0.10 ft),
and extending a sufficient distance from footings and foundations to permit placing
and removing concrete formwork, installation of services, other construction
required, and for inspection.
In excavating for footings and foundations, take care not to disturb bottom of
excavation:
a. Excavate by hand tools to final grade just before concrete is placed.
b. Trim bottoms to required lines and grades to leave solid base to receive
concrete.
Excavate for footings and foundations only after general site excavating, filling, and
grading are complete.
2.
3.
M. Excavating for pavements:
1. Cut surface under pavements to comply with cross sections, elevations, and grades.
N. Cold weather protection:
1. Protect excavation bottoms against freezing when atmospheric temperature is less
than 2 degrees C (35 degrees F).
EXCAVATING, BACKFILLING, AND COMPACTING
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3.05 FILLING AND BACKFILLING
A. General:
1. For each classification listed below, place acceptable soil material in layers to
required subgrade elevations.
2. In excavations:
a.
3. Under asphalt pavements:
a. Use subbase materials.
4. Under building slabs:
a.
Use satisfactory excavated or borrow material.
Use granular fill, if so called for on the Drawings, complying with aggregate
acceptable under Section 03300 of these Specifications.
B. Backfill excavations as promptly as progress of the Work permits, but not until
completion of the following.
1.
2.
3. Removing concrete formwork.
4.
5. Removing trash and debris.
6.
Acceptance of construction below finish grade including, where applicable,
dampproofing and waterproofing.
Inspecting, testing, approving, and recording locations of underground utilities.
Removing shoring and bracing, and backfilling of voids with satisfactory materials.
Placement of horizontal bracing on horizontally supported walls.
C. Ground surface preparation:
1.
2.
3.
Remove vegetation, debris, unsatisfactory soil materials, obstructions, and
deleterious matter from ground surface prior to placement of fills.
Plow, strip, or break up sloped surfaces steeper than one vertical to four horizontal
so that fill material will bond with existing surface.
When existing ground surface has a density less than that specified under
'kompacting'' for the particular area, break up the ground surface, pulverize,
moisturecondition to the optimum moisture content, and compact to required depth
and percentage of maximum density.
D. Placing and compacting:
1.
2.
3.
4.
5.
6.
Place backfill and fill materials in layers not more than 200 mm (8") in loose depth.
Before compacting, moisten or aerate each layer as necessary to provide the
optimum moisture content.
Compact each layer to required percentage of maximum density for area.
Do not place backfill or fill material on surfaces that are muddy, fiozen, or
containing frost or ice.
Place backfill and fill materials evenly adjacent to structures, to required elevations.
Take care to prevent wedging action of backfill against structures by carrying the
material uniformly around the structure to approximately the same elevation in each
lift.
EXCAVATING, BACKFILLING, AND COMPACTING
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7. Where the construction includes basement or other underground walls having structural floors
over them, do not backfill such walls until the structural floors are in place and have
attained suflicient strength to support the walls.
3.06
A.
B.
3.07
A.
B.
GRADING
General:
1.
2.
3.
4.
Uniformly grade the areas within limits of grading under this Section, including
adjacent transition areas.
Smooth the finished surfaces within specified tolerance.
Compact with uniform levels or slopes between points where elevations are shown
on the Drawings, or between such points and existing grades.
Where a change of slope is indicated on the Drawings, construct a rolled transition
section having a minimum radius of approximately 2.4 m (8'-0"), unless adjacent
construction will not permit such a transition, or if such a transition defeats positive
control of drainage.
Grading outside building lines:
1.
2.
Grade areas adjacent to buildings to achieve drainage away from the structures, and
to prevent ponding.
Finish the surfaces to be free from irregular surface changes, and:
a. Shape the surface of areas scheduled to be under walks to line, grade, and cross-
section, with finished surface not more than 20 mm (0.10 ft) above or below the
required subgrade elevation.
Shape the surface of areas scheduled to be under pavement to line, grade, and
cross-section, with finished surface not more than 10 mm (0.05 fi) above or
below the required subgrade elevation.
b.
COMPACTING
Control soil compaction during construction to provide the minimum percentage of
density specified for each area as determined according to ASTM D1557.
Provide not less than the following maximum density of soil material compacted at
optimum moisture content for the actual density of each layer of soil material in place,
and as approved by the soil engineer.
1. Structures:
a. Compact the top 200 mm (8") of subgrade and each layer of fill material or
backfill material at 90% of maximum density.
Compact the top 200 mm (8") of subgrade and each layer of fill material or
backfill material at 90% of maximum density.
Compact the upper 300 mm (12") of filled areas, or natural soils exposed by
excavating, at 85% of maximum density.
2. Lawn and unpaved areas:
a.
b.
3. Walks:
EXCAVATING, BACKFILLING, AND COMPACTING
hoject No. 3688 03 Jan 03
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C.
a. Compact the top 200 mm (8") of subgrade and each layer of fill material or
backfill material at 90% of maximum density.
Compact the top 200 mm (8") of subgrade and each layer of fill material or
backfill material at 90% of maximum density.
4. Pavements:
a.
Moisture control:
1. Where subgrade or layer of soil material must be moisture-conditioned before
compacting, uniformly apply water to surface of subgrade or layer of soil material to
prevent free water appearing on surface during or subsequent to compacting
operations.
Remove and replace, or scarify and air dry, soil material that is too wet to permit
compacting to the specified density.
Soil material that has been removed because it is too wet to permit compacting may
be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing, or
pulverizing until moisture content is reduced to a satisfactory value as determined by
moisture-density relation tests approved by the soil engineer.
2.
3.
3.8 FIELD QUALITY CONTROL
A. Secure the soil engineer's inspection and approval of subgrades and fill layers before
subsequent construction is permitted thereon.
B. Provide at least the following tests to the approval of the soil engineer:
1.
2.
At paved areas, at least one field density test for every 188 sq m (2000 sq ft) of
paved area, but not less than three tests;
In each compacted fill layer, one field density test for every 188 sq m (2000 sq ft) of
overlaying paved area, but not less than three tests.
C. If, in the soil engineer's opinion based on reports of the testing laboratory, subgrade or
fills which have been placed are below specified density, provide additional compacting
and testing under the provisions of Section 0 14 10 of these Specifications.
3.09 MAINTENANCE
A. Protection of newly graded areas:
1.
2.
Protect newly graded areas from trflic and erosion, and keep free from trash and
weeds;
Repair and reestablish grades in settled, eroded, and rutted areas to the specified
tolerances.
B. Where completed compacted areas are disturbed by subsequent construction operations
or adverse weather, scarifL the surface, reshape, and compact to the required density prior
to further construction.
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3.10 CERTIFICATION
A. Upon completion of this portion of the Work, and as a condition of its acceptance,
deliver to the Architect a written report from the soil engineer certifjing that the
compaction requirements have been obtained. State in the report the area of fill or
embankment, the compaction density obtained, and the type or classification of fill
material placed.
END OF SECTION
EXCAVATING, BACKFILLING, AND COMPACTING
Project No. 3688 03 Jan 03
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SECTION 02280
SOIL TREATMENT
.-
PART 1 - GENERAL
1.01 SUMMARY
A. To inhibit the infestation of termites in wood construction, adequately poison the soil as
described herein and as needed for a complete and proper installation.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
Contract Documents, Special Provisions and Sections in Division 1 of these
Specifications.
1.02 SUBMITTALS
A. Comply with pertinent provisions of Section 01 300.
B. Proofs of compliance:
1. Prior to start of this portion of the Work, submit to the Owner’s Designated
Representative all evidence required by him to prove the qualifications of the
applicator and to prove compliance with the requirements for materials as specified.
Upon completion of this portion of the Work, and as a condition of its acceptance,
deliver three copies of the required warranty to the Owner’s Designated
Representative.
2.
1.03 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen thoroughly trained and experienced in the
necessary crafts and completely familiar with the specified requirements and methods
needed for proper performance of the work of this Section.
B. Qualifications of applicator:
1. Unless otherwise specifically approved by the Owner’s Designated Representative,
use an applicator that has been successfully engaged in the business of soil
poisoning in Southern California for a period of not less than one year immediately
prior to performing this portion of the Work.
1.04 DELIVERY, STORAGE, AND HANDLING
A. Comply with pertinent provisions of the General and Supplementary Conditions.
B. Do not apply soil poison when the soil is excessively wet or there is an immediate
SOIL TREATMENT
Project No. 3688 03 Jan 03
02280-1
likelihood of rain.
1.05 WARRANTY
A. Provide warranty in form acceptable to the Owner’s Designated Representative, drawn in
favor of the Owner and his successor and assigns.
B. Provisions required:
1.
2.
3.
All soil poisoning has been performed in accordance with requirements of this
Section of these Specifications;
The effectiveness of the soil treatment against termite infestation will continue for
not less than five years after the date of treatment;
All evidence of reinfestation within the warranty period will be treated promptly in
accordance with this Section of these Specifications and at no additional cost to the
Owner;
Complete performance of the warranty is assured by Surety acceptable to the Owner. 4.
C. In accordance with all terms of the warranty, treat all evidence of termite reinfestation,
which is discovered within the warranty period.
PART 2 - PRODUCTS
2.01
A.
B.
CHEMICALS AND CONCENTRATIONS
To the soil areas to be treated, apply one of the following chemicals at not less than the
designated concentration.
1. Aldrin: 0.5% applied in water emulsion;
2. Dieldrin: 1 .O% applied in water emulsion;
3. Heptachlor: 0.5% applied in water emulsion.
Other materials may be used provided they are acceptable to the Owner’s Designated
Representative and provided they have met a five-year test conducted by the U. S. Forest
Service. In all cases of proposed substitution provide conclusive evidence that material
proposed to be used will have no toxic effect on humans or beneficial plant and animal
life.
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed.
Correct conditions detrimental to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
SOIL TREATMENT
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