HomeMy WebLinkAboutNew Century Construction; 1999-06-29; 3591CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
FOR
CARLSBAD BOULEVARD
BIKE LANE b
CONTRACT NO. 3591
January 1999
vg 7117198 Contract No. 3591 Paae 1 of 79 Paaes
TABLE OF CONTENTS
Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . ..*.................................................................................... 4
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
BID SECURITY FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
DESIGNATION OF SUBCONTRACTOR &AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . . 17
DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER
OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*..... 18
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMIlTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
CONTRACT PUBLIC WORKS . . . . . . . . . . . . ..~.................................................................................. 26
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
REPRESENTATION AND CERTIFICATION ,.........,...,......,...,..,.,..........,.....~..~...........,....,.....,. 36
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
SPECIAL PROVISIONS ,
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
ts 7117198 Contract No. 3591 Page 2 of 79 Pages
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS.......,...... 60
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
‘y# 71-I 7198 Contract No. 3591 Page 3 of 79 Pages
CITY OF CARLSBAD, CALIFORNIA ’ L
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village
Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 2gTH day of April, 1999 , at which
time they will be opened and read, for performing the work as follows: Grade slopes, install curb &
gutters, pave and install an 8’ bike lane.
CARLSBAD BOULEVARD BIKE LANE
CONTRACT NO. 3591
The work shall be performed in strict conformity with the 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 Soecifications for Public Works Construction (1997 Edition, and the 1998
and 1999 suoolements thereto), all hereinafter designated “SSPWC” as issued by the Southern
California Chapter of the American Public Works Association and as amended by the special
provisions sections of this contract. Reference is hereby made to the specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, properly executed and notarized are:
‘rp 7/I 7198 Contract No. 3591 Page 4 of 79 Pages
1.
I”- 2.
3. 4.
5.
6.
7.
Contractor’s Proposal
Bidder’s Bond
Non-Collusion Affidavit
Designation of Subcontractors
and Amount of Subcontractor Bid
Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
Bidder’s Statement of Financial
Responsibility Bidder’s Statement of Technical Ability
and Experience
8. Certificate of Insurance
9. Bidder, s Statement Re Debarment 1 O.Bidder’s Disclosure Of Discipline Record
11 .Purchasing Department Representation .and
Certification
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
$52,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of
California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: ‘,A,,, “Cl2” in accordance with the provisions of state law.
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, special provisions, and Contract documents may be obtained at the Purchasing /c Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of
$10 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 coy of which will
be mailed or delivered to each person receiving a set of the contract documents. No addition to, or modification of or interpretation of any provision in the contract documents will be given orally nor
may any bidder rely on oral directions.
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.
‘3 7117198 Contract No. 3591 Page 5 of 79 Pages
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer,, for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. 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 Special Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain 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 have (1) a rating in the most recent Best’s Key Rating Guide of at least A-:V, and (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 and (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.
‘r# 7117198 Contract No. 3591 Page 6 of 79 Pages
.+--
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 99- 8 9 1 adopted on the \ blur day of MA&CH ,199? .
L JT /9fP
Date Ama L.&&&nkra& City Clerk u
Contract No. 3591 Page 7 of 79 Pages
CITY OF CARLSBAD
CARLSBAD BOULEVARD BIKE LANE
CONTRACT NO. 3591
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, Special 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. 3591 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit
prices for each item complete, to wit:
P , Item No.
1
2
3
4
5
1 /-
SCHEDULE 1: STREET IMPROVEMENTS
Descriotion
Approximate Quantity
and Unit
LS
Unit p&g
LS Unclassified excavation at
pc/uc T&w- 4
Dollars (Lump Sum)
Expofl material at
/eJQ ~&wh-vJ
Dollars (Lump Sum)
spose A.C. pavement at 260 SF
Dollars per Square Foot
Remove and dispose curb and gutter 530 LF
Dollars per Linear Foot
6” A.C. pavement at
hLC&dYICd
LS
79 TON
LS
P -00
Total
/a,000 ‘do I
pm& ‘oca ,
526’ Oa
2 6m xYG I
7, q&P0 I
Dollars per Ton
7/I 7198 Contract No. 3591 Page 6 of 79 Pages
Approximate Quantity and Unit
103 TON
-- Item
!u
6
Unit
p&g?
3P ‘00
Descriotion
Dollars per Ton
6” Type “G” curb and gutter per SDRS G-2 at
}S ‘00
7 284 LF
Dollars per Linear Foot
8 6” Type “A” AC. Dike per SDRS G-5
Dollars per Linear Foot
9 LS
I
Dollars (Lump Sum)
LS IO
11
12
13
14
Dollars (Lump Sum)
Signing and striping at
&l+@4m hwv~coI
Dollars (Lump Sum)
Hydroseeding of disturbe n/;w /w
c Cflg~ Kr Qe+k~s per Square Foot
LS
3,600 SF
3,600 SF
lhllu~ per Square Foot
LS
Dollars (Lump Sum)
Contract No. 3591 Page 9 of 79 Pages
Addendum(a) No(s). ~b4b- has/have been received and is/are 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 ca acity
license number 6’1 A7 p
f a contractor within the State of Califoyia,. validly licensed under
, classification P , D which expires on I and correct and has the legal effect of
A bid submitted to licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 3 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to’be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code
9 20104.
The Undersigned bidder hereby represents as follows:
/“x 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is B,d &d
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
7117198 Contract No. 3591 Page 10 of 79 Pages
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted &+ikw CcruhlRy 6N5-, I
(2) Signature (given and surname) of proprietor t QC fxd/&q (b&e
yfo6 M6wle5~ 6%.
/
(3) Place of Business (Street and Number)
City and State fz+v G&w, hi - p/// J
(4) Zip Code Telephone No. 439 D3 -~Y6a
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)
F (3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(Signature)
(Title)
Impress Corporate Seal here
. . .
. . . - . . .
/h . . . /
‘r# 7/l 7198 - Contract No. 3591 Page 11 of 79 Pages
r (3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
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:
‘74 7/l 7198 Contract No. 3591 Page 12 of 79 Pages
BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (I 5) 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.)
F
‘3 7117198 Contract No. 3591 Page 13 of 79 Pages
. 1 -a . BOND NO. AE6129816'
BIDDER’S BOND TO ACCOMPANY PROPOSAL
- KNOW ALL PERSONS 8Y THESE PRESENTS: NEW CENTURY m&we, CONSTRUCTION COMPANY
as Surety are held and firmly bound’ unto th ! as Principal. and GULF INSURANCE COMPW e (must be at least ten percent 6ty of Ca&jad, Salifomi? inpn BmaJCnt as SNOWS
payment, wet! and truly 6 10%) of the bid amount) en ercer! 0 Bid* *** for vVhi& me 8, we bind ourselves, our heirs, eMzutors and administrators, succes$orS of assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLlGATlON IS SUCH that if the proposal of the above- bounden Principal for: CARLSBAD BOULEVARD BIKE LANE CONTRACT NO. 3591
in the City of Cartsbad, is accepted by the City Coundl, and if the Principal shall dul ’ en&f into and execute a Contract includi s from the date of award of Contract T required bonds and insurance policies within twenty (2J) da y the City Council of the City of Carlsbad, being duly noti x ed of said award, then this obligation shall became 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.
!n 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 PRINCIPF ;;il” 2gth
day of P
Executed by SURy=;hp day of P
ellberq, II
(print name here)
Owner/President
1 rtle and Organrzatlon of Srgn
By: (sign here)
anization of signatory)”
SURETY: GULF INSURANCE COMPANY
‘(name of Surety)
P-0. Box 1771
Gregory Hettin>er
(printed name of Attorney-in-k2m License No. OB52655
(Attach corporate resolution show&g current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and $URm must be attached.)
(Pr@ident or vice-president and secretary or assistant Sacmtary-muSt Sign far cowOrations. If OnW
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 corporatron.)
APPROVED AS TO FORM: -RONALD R. BALL ‘Sty Attorney
“^^^ 4* rrc 7t3 n*APe
F- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
/-
State of California
S County of en >
ss.
On $A{!?? , before me, k/Ey/; L* d&o/;, /&I &$(L
Name and Title of Officer (e.g., ‘“J&e Doe, Notary Pubfic”)
personally appeared 9 Name(s) of Signer(s)
,, ‘.I.
Cl personally known to me
P proved to me on the basis of satisfactory
evidence
\
;,. i
q.,
Place Notary Seal Above
to be the personr whose nameH is@&
subscribed to the within instrument and
acknowledged to
the same
capacityw,
signatureHon
the entity upon behalf of which the personH
acted, executed the instrument.
’ Signature of Notary Public
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 Attache
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: QNe
Capacity(ies) Claimed
Signer’s Name: &I
P Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Pmd. No. 5907 Reorder: Call Toll-Free 1-600-876-6627
GULF INSURANCE COMPANY BOND ST. LOUIS, MISSOURI NUMBER AE 6129816
POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAI, INK. DUPLICATES SHALL HAVE THE PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP
S&+E FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN iUNCTION WITH THE ORIGINAL.
ANOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly ofpaniled under the laws of the State of Missouri, having its principal office in the ctty of Irving, Texas. pursuant to the following resolution, adopted by the Finance 8: Executtve Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: “RESOLVED, that the President. Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and delivjer a Power of Attorney constituting as Attorney-in-Fact. such persons, firms, or corporations as may be selected from time to time: and any such Attorney-in-Fact may be removed
and the authority granted him revoked by the President. or arty Executive Vice
President, or arty Senior Vtce President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attorneyt+in-fact to \ign, execute, acknowledge. deliver or oth-
erwise issue a policy or policie\ of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President. and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and‘certified by fac\imile signature and facsimile seal shall be valid and binding upon the Company in the future wtth respect to any bond and
documents relating to such bonds to which they are attached.”
Gulf Insurance Company does hereby make, constitute and appoint w
NEW CENTURY CONSTRUCTION COMPANY
3506 Marlesta Drive
San Diego, CA 92111
EFFECTIVE DATE
pril 29, 1999
CONTRACT AMOUNT I $70,000.00 (est.)
BOND AMOUNT
GREGORY HETTINGER
its ti. ., ue and lawful attorney(h)-in-fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its ,ts surety, dny nnd dll bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under-
t. ,i and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said
attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million (I .OoO,OOO) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporafe Seal to
be hereto affixed.
STATE OF NEW YORK ; ss Christopher E. Watson
COUNTY OF KINGS ) President
On the 1st day of June, 1996 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. 17
STATE OF NEW YORK 1 ss COUNTY OF NEW YORK
/
u SPIRO K. BANTIS Notary Public, State of New York No. 24-486.1345 Qualified in Kings Commission Expires May 12,200O
I, the undersigned, Executive Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
7igned and Sealed at the City of New York.
Dated the 29th dayof April,1499
8016-AE Lawrence P. Miniter Executive Vice President
. *
STATEOF Colorado
>
ss.
COUNTY OF Denver
On April 29, 1999 , before me, Marqaret A. Rosa
PERSONALLYAPPEARED Greqory Hettinqer
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their authorized capacity&s), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
.
Signature . (=D-tJLG,
My Commission pires 9/26/99.
This areafor Official Notarial Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
Bid Bond.
TITLE OR TYPE OF DOCUMENT m-wS)
0 PARTNER(S) 0 LMTED
u GENERAL
g ATTORNEY-IN-FACT NUMBER OF PAGES
u TRUSTEE(S) q GUARDIAN/CONSERVATOR
0 OTHER: April 29, 1999
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIlY(IES)
GULF INSURANCE COMPANY - SIGNER(S) OTHER THAN NAMED ABOVE
Io-os1 Rcv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT
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U-29- 1999 1 B : 38Abl FWbl P. 1
,.A . ..__...._..._...._. PRODUCER bl# 247% ‘THIS CERTIFICATE IS 18SUEDAS A MPTTER CF IMFORtvlA-fION ONLY ANO TARGET FINAWAL 6 INSURANCE SWVICES CONFERS NC Rl3HTS UPON THE GERTIRCATE HOLDER. THIS CERTIFICATE 8w SILVERADO STREET 3RO FLOOR DOW NOT AMEND, EXTEND OR ALTER THE CQVERAQE AFFORDED BY TkE IA JOLlA, CA 92123 BCLICICS BELOW. (818) 573.8800 FAX (619) STS-M30 I COMPANIES AFFORDING COVERAGE
I’CCWPANY .--.----
A FIRST FINANCML ., -.-I INWRSD NEW CENTURY CONGTRUCTION COMPANY
B @fiNERALl INSURANGE
4633 NEWPORT SAN DIEG0, CA 92107
1-L ‘COMPANY
/ 0 , ; COVE Rqpc: .._,” ‘, “,,’ : !, ,(::,,‘:‘,” :: :;,.,y;:‘~“,‘y :.~,,.y,.~, ‘:,/:‘:, .:,i. : : ,’ ?, ,‘. ” ,, ,,‘,::’ !“:.: :I, ,‘, :, yYFy?y-~
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PROOF INSURANCE
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DA-f6 iwl?II% NOtIC!! To THE CCRTtTlrtCATE MMD@R NAMED TO THE LVI BUT
PROOF OF INSURANCE @AlLtJhd t0 MAtl SUCcl NOTlCE SMALL IMPOSE NO OSLtGATlCN OR LIARlLfiY O= .At$f KIND m THE C9MFAN.f. ITS C.GENT3 OR REPRESLNTATtVCS
CITY OF CARLSBAD
-. GUIDE FOR COMPLETING
THE’“DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Special 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 Special 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 Special Provisions.
CAUTIONS 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 other than the Contractor’s own organization will be rejected as non-
responsive.
1NSTRUCTlONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the
Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “010 of Item by O+O”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a
bid’ item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for 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, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any
part of the portion of the work that the Contractor is required to perform with its own organization.
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 number of additional form pages shall be entered on the first form
page of each type so duplicated.
4f-
w 7/l 7198 Contract No. 3591 Page 15 of 79 Pages
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If
using this option the Bidder must indicate the bid item numbers to which the information in the row
pertains. This option may M be used where the subcontractor or Owner Operator/Lessors
constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts
may be the sums of the bid items listed in that row.
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 must attach an explanation sheet to the designation
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions .of the contract
documents and these Special Provisions. The decision of the City Council shall be final..
-- f-
c
i
Contract No. 3591 Page 16 of 79 Pages
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DESIGNATION OF SUBCONTRACTOR AND 4
: AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The. Bidder- MUST complete each information field on this form for each subcontractor that it proposes.to use. Additional copies of this form may be attached if required to accommodate the Contractor’s, decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s seal,ed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
The Biddercertjfies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the ‘Work as designated in the list in accordance with applicable provisions of the specificatiohs 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 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:
Complete Address: /Y / 2 &&k/7 &?M .
< M Ad& 4 di! Str’eet _ .
City State *UOd+ Zip
Telephone Number plus Area Code: X6 A?.] w+o . .
California State Contractors License No. & Classification:
Carlsbad Business License No.:
SUBCONTRACTORS BID ITEMS
Amount of Item
Subcontracted
Amount of Item by Overhead & Profit
Exolanation:
Column 1 4 Bid Item No. from the bid proposal, pages 8-9. Column 2 4 The dollar amount of the item to be performed by the subcontractor. Column 3 t The dollar amount of the item to be performed by Contractor’s own forces. Column 4 $The dollar amount of the overhead and profit for 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 8-9.
Page I ,134 pages of this form
Contract No. 3591 Page 17 of 79 Pages
r _).- .__ _-.-..-..._. ----ICI -- ,..” we
s DESIGNATION OF SUBCONTRACTOR AND 4
:AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The. Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form 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.
The Bidder certifies that it. has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used-to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specificatiohs 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 and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. cr
Full Company Name of Subcontractor: kc Qk / ,a- co
Complete Address: PM? va4-w?( /6?P*
&;jQCoL1/ G- Street
City State Zip
Telephone Number plus Area Code: q/6 672 6/ +
California State Contractors License No. & Classification: r) .
Carlsbad Business License No.: ?
SUBCONTRACTORS BID ITEMS
Amount of Item Amount sf Item b Overhead & Profit
ExDlanation:
Column 1 1 Bid Item No. from the bid proposal, pages 8-9. Column 2 ;! The dollar amount of the item to be performed by the subcontractor. Column 3 ,T,The dollar amount of the item to be performed by Contractor’s own forces. Column 4 f, The dollar amount of the overhead and profit for 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 8-9.
.
: ,
Page % of 9 $ges of this form
Contract No. 3591 Page 17 of 79 Pages
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DESIGNATION OF SUBCONTRACTOR AND ’
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additiona! copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form 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.
The Bidder ,certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the, list in accordance with applicable provisions of the specificatiohs 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 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:
3 C’ I
Complete Address: -
Street
City State Zip
Telephone Number plus Area Code: 960
California State Contractors License No. & Classification: ?
Carlsbad Business License No.: 3 .
SUBCONTRACTORS BID ITEMS
ExDlanation:
Column 1 f Bid Item No. from the bid proposal, pages 8-9. Column 2 3 The dollar amount of the item to be performed by the subcontractor. Column 3 k The dollar amount of the item to be performed by Contractor’s own forces. Column 4 (The dollar amount of the overhead and profit for 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 8-9.
. . Page 7 of &gges of this form
(3 7,1;,9, Contract No. 3591 Page 17 of 79 Pages
_- ~ ~- _.__ - _I-‘ .- .-..--... --. -._. _ ._ .. -- --------
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form 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.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in 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 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: c% a& G &&(/ q%p /) h r(r
7 I /-
Complete Address: 1
Street
City State Zip
Telephone Number plus Area Code: 4 672 2q -P n
California State Contractors License No. & Classification: c
Carisbad Business License No.:
-
SUBCONTRACTORS BID ITEMS
Exdanation:
Column 1 - Bid Item No. from the bid proposal, pages 8-9. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for 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 8-9. Y
Page p of 9 pages of this form
Contract No. 3591 Page 17 of 79 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or Lessor
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may
be attached if required to accommodate the Contractors decision to use more than one subcontractor. This form 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. Except for the individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform any portion of the Work. The Bidder-further certifies that no changes in the Owner Operator/Lessor
listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet
for each Owner Operator/Lessor. See section l-2 of the Special Provisions for definition of Owner
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
City State I Zip
Telephone Number plus Area Code: f 1
*r” City of Carlsbad Business License No.:
OWNER OPERATORILESSOR WORK ITEMS
Amount of Item Amount of Item by Overhead & Profit
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 8-9.
Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and profit for 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 8-9.
e 7/l 7198 Contract No. 3591 Page 18 of 79 Pages
c c
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL.
‘r# 7117198 Contract No. 3591 Page 19 of 79 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERiENCE
(To Accompany Proposal)
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 his/her respc nsibility, experience and ! kill. An attachment can be used.
Name and Address
Completed of the Employer &oSSnour Carteg~
?:a 7117198 Contract No. 3591
Name and Phone No. of Person
to Contract
m& &y J$jG I
Type of
work
Amount of
Contract
Page 20 of 79 Pages
-. BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employers Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting
Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this
project for each insurance company that the Contractor proposes, and (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.
‘r# 7/l 7198 Contract No. 3591 Page 21 of 79 Pages
5-87-l 999 11 : 12AM FROM P. 1 -_
,>RODUCER
TARGET FINANCIAL 8, INSURANCE SERVICES
9449 BALBOA AVE, SUITE 205 SAN DIEGO. CA 92123
CONFERS NO RIGHTS UPON THE CER’FIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
(800) 45bO13
FAX# (800) 4348053 COMPANIES AFFORDING COVERAGE
%URED . . ..r
NEW CENTURY CONSTRUCTION
COMPANY
A FIRST FINANCIAL I,, ---I-- COMPANY -’
B GENERALI INS.
-- _.I_ . .
4633 NEWPORT
SAN DIEGO, ,?A 92107
-+!I$ IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE l&SlJREO NAMED ABOVE FCR THE POLICY PERICD INDICATED. NOTWITHSTANDING 4NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTOWHICH TI-IIS CERnIFlCAlE MAY BE ISSUED OR MAY PERTAIN. THE IN@JRANCE AFFORDED DYTHE PoLlclES DESCRIBED HERElN IS SUBJECT TO ALL THE TERMS. MUUSIONS AND CONOI~~S OF SUCH POUCIES. LIMIT% SHOWN MAY HAVE BEEN REWCEO BY
PAlDCLnrMS.
r I
IAUTOMOBILE LIABIL~
- ‘TANYAUTO
ALL &V&D AUTOS
x scl-mEouLU)AVToS
* x Hl+AUTQS
x NON-OWNED AUTOS
GARAGE LIABI LIN
‘- ANY AUTO
+X(:ESS LIABILlN
UMBRELLA FORhi
OTHER THAN UMEF?ElCA FORM
WORKER’S COMPENSATION AND
EMPLOYERS’ LIABILITY
POLICY NUMBER
FO253G41%&34
GA10501345f NW2398
PCLICY mwnvl
DATE [MMJDDNYI
NOV 23 98
POLICY ExPIR4TlON
DATE (MhiIOD/YYl LIMITS
QENSRAL AGG&GATE s Z~,~
NOV2399 PRODUCTSC&P/OP AGG. 1 s 1 .ooozz
COMBINED SINGLE LIMW 5 NOV 23 QQ 1 ,ow,ooo
I PROPER11 OAMAGE
I
AUTO ONLY. EA ACCIDENT 0
OTHER THAN AUTO ONLY:
EACHACCIMNT S
AGGREGATE 15
1 EACH OCCURRENCE Is
AGGREGATE c ,,
STATUTORY UMITS ‘.ii’:-‘.;-.L ‘,:f’),:,‘;I:,:..:,,: ‘<::, -::!i!~)': ” ,h ! *:.I ..: ,b,,,*. LG.,, .,. ,~
EACH ACCIWZNT ,, _”
MSEASE-POLICY LlMlT S . .._- --- DISEASE-EACH EMPLOYEE s
OESCRlPllCt4 W OPERATIONSAOCATIONSIUE~S~CIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED, ENDORSEMENTTO FOLLOW FROM CARRIER,
PROJECT: CARLSBAD BLVD. BIKE LANE PROJECT#3591 “““‘“““CERTIFICATE HAS BEEN REVISED WITH ANY AUTO 6-7-99. SUPERCEDES ALL OTHERS.““““““’
:I;:l~;~~;~~~,li;!~~~~~~~~~~,:~,’~~,~ 0 . . r ..,..,, I ‘T SHOULD ANY OF THE ABOVE OESCRISED POLICIES BE CANCELLED BEFORE THE Y; EXPIRATION DATE THEREOF. THE 156WING COMPANY w1LL ENOEAVOR TO MAIL 10
? DAYS WRllTEN NOnCE TO THECERTIRCATE HOLD= NAMED TO l-HE LEFT BUT ’
:”
FAILURETO MAIL SUCH NOnCE SHALL IMPOSE NO OBLlGAllON OR LlABILlTY OF ANY
L<INp UPON THE COMPANY. ITS AGENTS OR REPRESENTATlVES
1200 CARLSBAD GILLAGE DR.
CARLSBAD, CA. 92008
FAX 760-434- 1987
6-14-1999 2:38PM FROM
1 c
P. 1
EF=CTIVE DATE; OG/O?/99 POLICY NUMBER: F 0253G415834
WDORSEME?JT NUUBER: 06
NAMED INSURED: NEW cEN7URY CONSTRUCTXON. LEE P. SF~!~.ILPORG IX
THIS EEJDORSEMENT CHANGlS TITE POLfCY. PLEASE WKAtI XT CAREFULLY.
NOTE: This form is not tu be used for manuscript coverage changes br' c&went to rate,
This ~fkAoffiem%~t modifiee insurance prwided under the following (check a~1 that apply):
COMMERCXAL PROPERTY COVERA~ PART --
X COMM!ZRCIAL GJZNER&U LIABILITY COVERAGE PAR? --
/c
BUSINESS AUTO COVYRAGE FORM --
1, ._ GARAGE CXVERAGE FORM
COMMERCf2iI.a INLAUD MARTNE COVERAGE PART --
-- LIQy0R LIABILITY COVERAGE PART
IN CONS1l'lERATION OF TlIE PRBIIUM CHARGED AT INCEPTION, BG-C-197 (I>/951
ADDI?'TC)NAL INSURED-~WRS, LESsEES OR CONTRACTORS IS ATTACHED
TO THI;S POLICY.
7n-cl
6-14-1999 2:39PM FROM
&
-/
P. 2
THE ENOORSEHYI CtlANGES TUC POLICY, PLLISC MAO 11 CAUEfULLI.
ADDlrlfSAL INSHW - OIMRS, &EStEES OR CONTRACTORS
thin sndarsemmt m&fits ituurancc provided mdtr the folLwinp:
imufEAcIA~ CCYERAL LIMILITI COVERAGE PART
SCMDULE
NJllc Of Pcrsan oc Organi 2aCiOni
CIW hF CARLSSAO
1200 cIIRLSBA0 VILLAGE DRIVE
CARLSBAO, CA 9mJa
UHO lh AR IlWMO (fecxion tl) fs amen&d to include BS an insured the pctsm ot atgmfrsxien sham in the Sehdulc. BJF only uith rcspccr 10 liabiliry arising our of 'your uork I’ for that itirured bv or for p-
This ins~)raiKa dam nac apply to mny %scurrenW arising OM of rhc ncgleer m ncgligmce of ths Person or,Orpanizarim nwad in thu schrdulm.
AlL af The provisions Yra CXC~U~C~S 8f MC ~6lSey that rpply to LIABIClTY COVERAGE also spp\y TO this mdoroffnent.
BG-6-197 12%
EO’d ws'L=o'L 66-ipr-unY
JUN. 7.1999 12:50PM SCIF SRN DIEGO NO. 784 P.2/2
I
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P.O. BOX 420607, SAN FRANCISCO. CA 94142-0007
URANCE
. . CITY OF Cfq&$@@j’j’;‘:,:..; .:I:’ ’ *‘ ,?:‘:‘ ,,,c\TTN; KE(JfN ‘~$!~$~j~:f
‘. 2075 L&i PALM&;~QRjldE,’
CFIRLSBflD C~I 9i$Q@&59
Nis is toxerlify that we have issued a valid Vvorken’ Compensation insurance policy in a form approved by the Wfornia fnsuranoe Commissloner to the employer named below for the palloy period indloeted.
.?his policy is not 6UbjeCt to cancellation by the’Fynd except upon ten days’ advance written notlce to the employer, . .
We will also glve you TEN days’ advance &ce shou!d this policy be kanoelled prior to Its normal explratlan, , 4 < I ‘3 I
Thk certMoate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the
. . . I .‘. * . . 0.’ *,>a -
._ , .
,( :II. I !.‘*..: t; .. I ) ‘I (: ,I’. t’,,;’ :‘, 4, ,, LL?h,,g’.l I
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NEW CENTURY COtiST&tIDN CO
,I . x M I ;r#.p., ,, ‘b, I “d I, I.‘,,\, 7 ;+ *+,,, , j.- ., , >1 . ‘. a *.. a”, w
3506 MFlRLESTFl DR
SQN DIEGO CR 9e111 NR
C
JUN. 7.1999 12:50PM SCIF SQN DIEGO NO.784 P.1/2
.
’ ‘&ATE 9444 WAPCES STREET
coMPENSA--IoN SAN DIEGO CA 9?121-2940 . ‘gyJy$f$ . .m
SAN DIEGO DISTRICT OF& l l
L’ ., . ‘ : ’ ‘0 ,‘. . .,*‘.,
I , .’ . . -. .,‘a ( I . .I .FACdMILECOVERSHEET ,, - ’ ) . . ‘TELEFAX NtiMBEFkIS: *(6j9) $2-725; ”
. .
NAME:
. . DELIVER TO:
COMPANY!, . UN
DATE: t-d ! + fq? ’ =LEFAx NC.: ’ Iar:codej ’
FROM:’
NAME:m-i=F COMPWSATION lNSlmiB&JCE FlJNQ
DEPARYMEiT/SECTION: POLICY - ~TlW~=l-E DE~ARTlUl~
PHONE: (619) 552-7046[552-3329
(area code) ,
MESSAGE: QERTIFICATE 0F INSURANCE” - , .
-* ‘I ‘,
,
:i. THE WORD “VOID” APPEARS ON ALL FAXED:
CERTIFICATE, THIS PROTECT& AGAINST MISUSE
OF A COPY OF THIS CERTIFICATE. ,“VOlD” WILL NOT
APPEAR.ON THE ORIGINAL DOdiJMENT WHICH
WILL FOLLOW IN THE MAIL.
THE -fO=fAI. NUMBER OF PAGES, INCLUDING THIS COVER SHEET ARE: .
3?ROCllSSEIl/J?BxED BP:
- BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
yes -K- no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of,
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency -
period of debarment period of debarment
BY CONTRACTOR:
k? f 9LP+2L-s-
(print name/title)
Contract No. 3591 Page 22 of 79 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State license Board two or more times within an eight year period?
Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes K no
- 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
yes
x no
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the Work ever been stayed?
Ff.
yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
~ (Attach additional sheets if necessary)
43 7/17/98 Contract No. 3591 Page 23 of 79 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
P
BY CONTRACTOR:
Rj4dd lLt&py ccwd~
By: tgdcg
(sign here) J
(print name/title)
‘r? 7117198
v
Contract No. 3591 Page 24 of 79 Pages
- NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California )
i SS.
County of i
Le4e $Ll/6em 6
(Naffie orBidder) 8 being first duly sworn, deposes
and says that he or she is Owbee
(Title)
of Ahw Gw’tbc~Y C&v5~ / (Name of Firm)
-
/--
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will. not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under pen
executed on the
that the foregoing is true and correct and that this affidavit was day’of 4&% / ,lQ . v
Signature of Bidder \’
Subscribed and sworn to before me on the , 1944 sqti dayof c
(NOTARY SEAL) 3 lLwxxm Sigr&re of Notary
7/l 7198 Contract No. 3591 Page 25 of 79 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 29th day of June 19 99 , by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter callid “City”),
and NEW CENTURY CONSTRUCTION whose principal place of business is
3506 MARLESTA DRIVE, SAN DIEGO CA 92111
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: CARLSBAD BOULEVARD BIKE LANE CONTRACT NO. 3591
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special
Provisions, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 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 Q-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 & 1999 Supplements thereto,
hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American
Public Works Association, and as amended by the Special 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.
r‘
pfs 7/l 7198 Contract No. 3591 Page 26 of 79 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overwme 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 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally rewgnized 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.
‘r# 7/l 7198 Contract No. 3591 Page 27 of 79 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $l,OOO,OOO 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 ,OOO,OOO 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.
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits is required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
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.
?a 7117l98 Contract No. 3591 Page 28 of 79 Pages
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(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.
?a 7/17/90 Contract No. 3591 Page 29 of 79 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
I have read and understand ail provisions of Section 11 above. ZK c - ihitiaij
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 I, 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 I, 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.
7117198 Contract No. 3591 Page 30 of 79 Pages
.t 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Special Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
r
CONTRACTOR:
pw ceAJ7Lyr-y CONJ1PE~Lt&Q
By:
(sign here) v
~ crc e 6Llfbp/ls 6wer
(print namgand title) Assistant City Clerk
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
?r? 7/l 7190 Contract No. 3591 Page 31 of 79 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF s--A. ‘31-p
On before me
Notary Public,
personally appeared
* l-Q-e P) LlAell4c?--v2%'~ *
7 (or proved to me on the basis of satisfactory evidence) to
be the person(s) whose namecwre subscribed to the within instrument and
acknowledged to me that @./she/they executed the same in$iJs/her/their
authorized capacity(ies), and that by@her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed this
instrument.
WITNESS my hand and official seal.
Signature
(This area for official seal)
BAN105 (iY94) PLP
BOND NO. AE 6129818
- /!
LABOR AND MATERIALS BOND
WHEREAS, the Cii Council of the City of CarlsM, State of California, by Resotu?ion No. 99-166 adopted NEW.CENTURY CONS TRUCTl0 _ddBu has awarded to '
)
CARLSBAD BOULEVARD BIKE ,+NE CONTRACT NO. 3591
in the City of Carlsbad, in striGt conformity with tl% dmwings and Bpecificcrtlans, and other Contract Documents now on file in the Office of the C=ity Clerk of the City of C&bad &d all of which are
incorporated herein by this reference.
Wl-iEREAS. Principal has executed or is about to wwcute 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 materiais. provisions. provender or other supplies w teams urinal in, upon or about the performan= 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, NEW CENTURY CONSTRUC-fION “.I
as Principal, (hereinafter designated as the “Contract&), and
as Surety, are held firmly bound unto the City of C.arlsbad in the sum of TWENTY SIX THOUSAND
EIGHT HUNDRED. SIXTY THREE AND 50/10Q---------------------d--------~o~ja~
($ 26.863.50 ,,. ), said sum being fifty percent (50%) of the estimated amunt payable by
4he city of Carl&ad under the terms of the Contract, far which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors. M assigns, jointly and severally. firmly by these present&
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies. or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment lnsurande Code with respect to such work or labof. 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 re!$pect to such work and labor that the Surety will
pay for the same; not to exceed the sum specified in the bond, and, also, in case suit is bn?ught upon the bond, costs and reasonable expenses and feet, including reasonable attorney’s fees, to bra fixed by the court, as required by the provisions of section 3248 of the California ciiil Code.
This bond shal! inure ta the benefit of any and all persons, companies and corporations entitled t0 file claims under Title 15 of Part 4 of Division 3 of the Civil Code (~mmencing with section 3082).
Surety stipulates snd agrees that no change, extension of time, alter&ion or sddltion to the terms of
the Contrati, or to the work to be performed thereunder or the specifications accompanying the s;rme 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 01’ t0 the
L specifications.
/c‘, *
Ld Wt8:8T E68Z ?E ‘f-“%4
Contract No. 3591
: ‘ON 3NOHd
Page 32 of 79 Pages
11 6~=4[[=v5 ["ed ==-I WJj : WOU
In the event that Contnctor is WI individual, It is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under thk bond.
/ Executed by CONTRACTOR this 2nd
day of June
CONTRACTOR:
,192.
NEW ,CENTURY CONSTRUCTION COHpANY rofm&a
(sign here)
GULF INSURANCE COMPANY (name of Surety) P-0. Box 1771
Dallas. TX 75221-1771 ,,, 1
(address of Surety)
Lee P. Shellbers. II (972) 650-2800
(print nGme here)
Owner
(title and organization of signatory)
(sign here)
(pri,nt name here)
Executed by SUREW this 2nd day
of June > is-J&
SURETY:
(telept#te number of .Wr&y)
Greqory Hettinqe~, Licenw No. OB5265 (printed name of Atsmey-in-F&)
(attach corporate resolution showing current power of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONfRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for; cotporatlons. If only one officer signs, the corporation must attach a resolution certlfled by the secretary or assistant secretary under corporate seal empowering that ofiicer to bind the carp&‘&ion.) _
APPROVEb AS TO FORM:
RONALD R. BALI..
City Attorney
By:
7117/98
8d WWZ0:OT E60Z T!2 “-W
Contract NW 3691 Page 33 of 79 Pages
: ‘ON 3NOHd II 6-=711=e 1n.q ==-I ~OJJ : WO~;J
CALIFORNM ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGME~XT
0 Personally known to me Q!2
@%%%d to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/-subscribed to the within instrument and acknowled,oed to
me that helsh&ky executed the same in his/h* authorized capscity(ies), and that by his/
h&&eirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
QPTlONA L
The data below is not required by law, however it may prove valuable to persons
relying on the document and co&prevent fraudulent reattachment of this form.
I
SIGNATURE AUTHORITY OF SIGNER:
Cl CORPORATE OFFICER(S)
I +fl- Title(s)
Cs PARTNER
‘0 bhtlTED
0 GENERAL
Cl ATTORNEY-IN-FACT
Cl TRUSTEE(S)
Cl GUARDIAN/CONSERVATOR
Cl OTHER:
ENITIY~ES) SIGNER IS REPRESEM-IW
DESCRIPTION OF AI-LX-ED DOCUMEX~
LA4ci-c ##NO --+?2%%~~ R&w d
4pi’/h- i&k SW-4 6’ co U-M
3>-5-/ A&e7 A+ c+L?G/tfF/F
TITLE OR TYPE OF DOCUME>T
NUMBER OF PAGES
DATE OF DOCKME~
SIGNER(S) OTHER THAN NAMED ABOVE:
G .W GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE - ‘E FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN .JUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany. a corporation duly organited under the laws of the State of Missouri, having its principal office in the city of Irving, Texa\. pursuant to the following resolution,
adopted by the Fmance & Exrcullce Committee of the Board of Directors of the said
Company on the 10th day of August. 1993. to wit: “RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attorney-in-Fact. such persons, firms. or corporations as may be selected from time to time: and any such Attorney-in-Fact may be removed
and the authority granted him revoked by the President, or any Executive Vice President, or ahoy Senior Vice Prr\ident, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to \ign, execute, acknowledge. deliver or oth-
erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President. Executive Vice President or any Senior Vice President. and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile. and any such
powers so executed and certified by facsimile signature and facsimile Teal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bond\ to which they are attached.”
Gulf Insurance Company doe\ hereby make, constitute and appoint *
BOND NUMBER AE 6129818
NAME, ADDRESS PR’NC’PAL: CITY, STATE, ZIP
NEW CENTURY CONSTRUCTION COMPANY
3506 Marlesta Drive
San Diego, CA 92111
EFFECTIVE DATE
June 2, 1999
CONTRACT AMOUNT
$53.727.00
BOND AMOUNT
$53,727.00
GREGORY HETTINGER
$s&ue and lawful attorney(s)-in-fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its ‘t. as surety. any and all bonds and undertakings of suretyship. and to bind Gulf insurance Company thereby as fully and to the same extent as if any bonds, under-
gs and documents relating to such bonds and/or undertaking\ were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million (l.OOO,OOO) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company XU~ Its Cqrpprate SeaI to
be hereto afflxed. -
STATE OF NEW YORK ss COUNTY OF KINGS )
GULF INSURANCE COIMPANY
Christopher E. ‘W’atsan
President
On the 1st day of June, 1996 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the Cnunty of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affIxed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
STATE OF NEW YORK ) ss COUNTY OF NEW YORK
SPIRO K. BANTIS / Notary Public, State of New York No. 24-4861345 Qualified in Kings Commission Expires May 12,200O
I, the undersigned, Executive Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force.
PSigned and Sealed at the City of New York.
Dated the 2nd dwof June 9 1999
8016-AE Lawrence P. Miniter Executive Vice President
1 STATEOF Colorado
COUNTYOF Denver
On June 2, 1999
PERSONALLYAPPEARED
ss.
, before me, Marqaret A. Rosa
Greqory Hettinqer
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/
her/their author&d capacity(k), and that by his/her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
‘Signature *\r\/\a40- !
My Commission E ires F/26/99.
This areafor Official Notarial Seal
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 lNDlVlDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT mE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL q ATTORNEY-IN-FACT
0 TRUSTEE(S)
NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: WE of PERSON(S) OR EN-rllY(IES)
GULF INSURANCE COMPANY - SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT
. - BOND NO. AE 6129818 m. . I
FAITHFUL PERFORMANCENVARRANTY BOND %
WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution
NO. 99-166 , adopted AdAY 18, 1999 , has awarded to
NEW CENTURY CONSTRUCTION , (hereinafter
designated as the “Princigai”), a Contract for:
CARLSBAD BOULEVARD BIKE (4NE CONTRACT NO. 3391
in the City of Carisbad, in strict conformity with the contract, the drawings and specifications. and
other Contract Documents now on file in the 0ffice of the City Cleric of the City of Carl&ad, ail of which are incorporated herein by this reference.
WHEREAS, Principal has executti or is about to execute said Contmcl and the terms thet%of require the furnishing of a bond for the faithful performance and warranti of said Contract;
NOW, THEREFORE, WE, NEW CENTURY CONSTqUCTiON , as Principal,
(hereinafter designated as the “Contractof}, and GULF INSURANCE COMPANY
, as Surety, are held and fi~iy bound unto the City of Carlsbad,
3r/ in the Q-J!II of FIFTY THREE THOUSAND SEVEN HUNDRED TWENTY SEVEN AND 00/100 -----------------------~-..---- Dollars ($53,727,00 ) said sum being equal to one hundred percent (100%) of the estimated amount of the tintract, ;o be paid to City or its certain attorney, its successors and assigns; for which pscyrMnt, well and truly to be made, we bind ourselves, our heirs, executors and administrators, suc~ssors or assigns, jointly a?d severally,
firmly by these presents.
THE CCSNDiTi0N OF WIS 0BliGATiO~ IS SUCH that if the abwe bounden Ctmtractor, their
heirs, exeartors, administrators, successors or assigns, shall in ail things stand to and abide by, and well and truly keep and periarrn the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept srnd 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 $iMi remain in full force and eflkct.
As a part of the obiigati~ secured henby and in addition to tk 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 obilgation. all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time. aiteration or addition to the terms of the Contract, or to the world tQ be performed thereunder or the specifititions 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
d specifications,
G ?/I 7/98
Otd WWEB:OT E68Z. Tf ‘fi’%
Contract No. 3591 Page 34 of 79 Pages
: ‘ON 3NOHd 11 6daqrl=is InPd a=‘1 mod3 : WOW
. -
c In the event that Contractor is an individual, it is agreed that the death of any such Cantwtw shall not exonerate the Surety from its obligations under this bond. -:
Executed by CONTRACTOR this 2nd
day of June ) 19 99 .
CONTRACTOR:
NEW CENTURY CONSTRUCTION COMPANY
(name of Con&actor)
Lee P. Shellberg, II
(print name here)
Owner
(Tiile and Organizatian of Signatory)
6 y:
d (sign here) -
Executed by SURETY this 2nd day of
June ,19 99.
SURETY:
GULF INSURANCE COMPANY ., ._ . (name of Surety)
P-0. Box 1771
Dallas, TX 75221-1771
(address of Surety)
(972) 650-2800
Gregory Hettinger, License No, OB52655
- (printed name of Attorney-in-Fact)
{Attach corporate resolution shqwing current
power of attorney.)
(Title and Organisation of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be at?acM.)
(President or vice-president and secretary or assistant secretary must sign fof c~r&ti~, [f only
one offlficer signs, tbs WpwaMwl must attach a resolution certified by the secre@y or assistant secretary under corporate seal empowering that officer to bind the cqoratiin.)
APPROVED AS TO FORM: RONALD R. BALL
WA-Y
By:
7/l ?I%8 Contract No. 3591
TTd WWPQ:OT E68Z TE -fi’W : ‘ON 3NOHd II 6Jaqrlavs In% aa‘l ~04~ : wow
Page 36 of 78 Pager
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGME~UT
State of
Countyof
personally appeared Name(s) of Signers(s)
Cl Personally known to me OR
P+--- roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/ape subscribed to the within instrumek and acknowfedged to
me that he/s&&hey executed the same in his/hf&t-heir authorized capaciry(ies), and that by his/
he&he&signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
Slgnxurc of Notary
OPTIONAL
The data below is not required by law, however it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF AI-MCHED DOCUMEYI-
@%MXVIDUAL
Cl CORPORATE OIFI;ER(S)
c&A +4opn/e-&-
Title(s)
Q PART,-R
‘0 LlhllTED is-
0 GINER-IL NUMBER OF PAGES
Cl ATTORNEY-IN-FACT
C! TRUSTEE(S)
Cl GUARDIAN/CONSERVATOR DMYE OF DOCUMEXT
Cl OTHER: SIGNER(S) OTHER THAN NAMED ABOVE: - NAME(S) OF PERSON(S) OR Ermrrhs~ SIGNER IS REPRESENTING:
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of Carisbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATIO& The information furnished is certified to be factual and correct as of the date submitted.
“w $I;e ~ii~4q/
PRINTED NAME -j5ob Yl Odb?r-,
ADDRESS / A p TITLE
SIGNATURE c 21 7Q
COMPANY NAME, ,-
CdW/- /y
JAab-le$ 7% k%,
-Q/1; #tt~~~fi cqfl %lL/ CITY, STATE AND ZIP
TELEPHONE NUMBER
Are you currently certified by CALTRANS? YES NO-L
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATIONtSk
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is-, is notx a minority business. This firm is-, is not 4 a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management.
. FIRM’S PRIMARY PRODUCTS OR SERVICL
G-Pltr.em./ CoMfr~&f’dd
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S): ‘ I ’
LICENSE NUMBER: f Lwf/-7
TAXPAYERS I.D. NO. ?<7 OY Yl7k
7117198 Contract No. 3591 Page 36 of 79 Pages
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
called “Escrow Agent.”
. hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10283 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:
CARLSBAD BOULEVARD BIKE LANE
CONTRACT NO. 3591
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
I 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
F--- payment terms shall be determined by the City, Contractor and Escrow Agent.
7117198 Contract No. 3591 Page 37 of 79 Pages
5. The interest earned on the securities or the money market accounts held in escrow and all /L-- interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
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 Contractor: Title (p4m.F
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
7117198 Contract No. 3591 Page 38 of 79 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:
7117198
Title
Name
Signature
Address
Title
Signature
Address
Name
Signature
Address
Contract No. 3591 Page 39 of 79 Pages
SPECIAL PROVISIONS
FOR
CARLSBAD BOULEVARD BIKE LANE
CONTRACT NO. 3591
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
l-l .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 otherwise.
Add the following section: I-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:
l-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.
T- City Council -the City Council of the City of Carlsbad.
‘r@ 71-I 7198 Contract No. 3591 Page 40 of 79 Pages
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board 1 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 his/her 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 Special Provisions.
Owner OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineers 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.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final.
‘r@ 7117198 Contract No. 3591 Page 41 of 79 Pages
.-
24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and
the payment bond shall be in the amount of 50 percent of the contract price. 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
payment bond shall be released six months plus 30 days after rewrdation 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 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.
P- If’ the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement
thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the Special
Provisions section of this contract.
The construction plans consist of FOUR (4) sheets Drawing No. 374-6 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 City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions.
r-
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 to the materials and construction materials
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Special 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.
7/l 7198 Contract No. 3591 Page 42 of 79 Pages
2-5.3.3 Submittals, add the following: 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.”
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
29 SURVEYING.
28.1 Permanent Survey Markers, substitute the following: The Contractor shall not 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
authonzed to practice land surveying within the State of California, hereinafter surveyor, to establish
the location of the monument before it is disturbed. The Contractor shall have the monument
replaced by the surveyor no later than thirty (30) days after construction at the site of the
replacement is completed. The surveyor shall file comer record(s) as required by Q§ 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.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the
services of a 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.
‘r? 7117198 Contract No. 3591 Page 43 of 79 Pages
Add the following section:
2-9.3.1 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 data shall be clear and complete with name of the surveyor, the party chief, field crew
members, 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
QQ 8700 - 8805 of the State of California Business and Professions Code when the surveyor
performs any surveying that such map is required under Q§ 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:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser interval
is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or
slope catch points and street crown lines where no median exists. Large slopes shall have line
point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be
set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement
and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no median exists.
Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 in (15’) intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.6 m (25’)
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Storm drain
staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline and each
end of the local depression. Curbs/curbs and gutter shall be staked at 7.6 m (25’) intervals, center
line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 7.6 m (25’) intervals by
the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on
variable thickness pavement overlays requiring leveling courses. Intersections showing specific
finished asphalt grids shall be painted per the grid. 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. Surveyor shall mark the removal limits and limits of work line shown on the plans.
The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red
flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved areas. The markings shall be completed by surveyor and inspected and approved by the Engineer before the
start of construction in the area marked. Centerline monuments shall be laid out, their disk
‘r# 7/l 7198 Contract No. 3591 Page 44 of 79 Pages
stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance
with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7.6 m (25’) intervals with offsets referencing the top and centerline of pipe on main line and laterals. For all
pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting,
appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or fill) and
feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are
shown on the plans shgll be staked and flagged at 7.6 m (25’) intervals prior to the start of any other activities within the limits of the work. Where utility vaults, poles or other facilities are being installed
as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizontal and
vertical location of curb and gutter to facilitate the location of said utility vaults, poles or other
facilities by the party(ies) constructing them. When no curb and gutter is 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 thatare being installed as parts of, or as adjunct(s) to, the project.
Add the following section:
2-9.3.3 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 wmer records 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: 240.1 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: 240.2 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 Contractors and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractors staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in
a manner so as to not unreasonably interfere with Contractors 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.
7/l 7198 Contract No. 3591 Page 45 of 79 Pages
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1’ Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractors bid proposal for this contract. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra
Work.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs
and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(W Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
34 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 Y”- and prior to the time that the Contractor performs the work giving rise to the potential claim. The
‘yg 7/l 7198 Contract No. 3591 Page 46 of 79 Pages
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 d&e 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-l 2655.
‘The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractors 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 tiled on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
7117198 Contract No. 3591 Page 47 of 79 Pages
/1.
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 Contractors report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(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.
r-
20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
‘3 7117198 Contract No. 3591 Page 48 of 79 Pages
(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 30aays 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 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) 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
7117198 Contract No. 3591 Page 49 of 79 Pages
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-l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with
such information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Special Provisions, the Agency will bear the cost of
testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special
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 Contractors 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.
‘r? 7/l 7198 Contract No. 3591 Page 50 of 79 Pages
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.
SECTION 5 - UTILITIES
5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In 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 request to the Engineer, may be permitted to temporarily omit the portion of work affected by
the utility. Such omission shall be for the Contractors convenience and no additional compensation
will be allowed therefor. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 - PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within10 calendar days after receipt
of the “Notice to Proceed”.
Add the following section:
6-l .l Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractors preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor.
Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
7117198 Contract No. 3591 Page 51 of 79 Pages
Add the following section: - 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractors Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractors
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractors 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.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion withina working days after the starting date specified in the Notice to Proceed.
The required120 day hydroseeding maintenance period shall start after the completion of the
I” construction and hydroseeding.
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 7:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
6-6 COMPLETION AND ACCEPTANCE.. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after rewrdation of the “Notice of Completion” and any
r 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.
‘y# 7/l 7198 Contract No. 3591 Page 52 of 79 Pages
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 $300 Dollars Execution of the Contract shall constitute agreement by the Agency and Contractor that $300 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. Add the following: All insurance is to be
placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers’ compensation
insurance.
7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way,
grading, resource agency and building permits necessary to perform work for this contract on
Agency property, in streets, highways (except State highway right-of-way), railways or other rights-
of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The
Contractor shall obtain and pay for all permits for the disposal of all materials removed from the
project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and
no additional compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-6 PROJECT SITE MAINTENANCE.
7-6.1 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 his/her 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.
‘r# 7/l 7198 Contract No. 3591 Page 53 of 79 Pages
7-6.5 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:
74.6 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.
740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control
system is damaged, displaced, or ceases to operate or function as specified, from any cause, during
the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at his/her sole
option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty
dollars ($20.00) 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-l .6 et seq. except that all temporary paint shall be rapid dry water borne conforming to CALTRANS Specification No. 8010-91D-30. 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-existant conditions shall be removed from the travelled way and from the
view of motorists in the travelled 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 travelled 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 wnes rather than post-type delineators are used during the hours of darkness, they shall be
‘r? 7/l 7198 Contract No. 3591 Page 54 of 79 Pages
afftxed or covered with reflective wne 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 wnes or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at 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) wnes or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or
C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’),
nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the
0.6 m (2’) shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent
traffic lane or provide barriers.
During the entire construction, a minimum of one north bound traffic lane, not less than 3.6m (12’)
wide, shall be open for use by public traffic. Both south bound lanes on Carlsbad Boulevard shall be
left open at all times.
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 Special Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Special 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.
7/l 7198 Contract No. 3591 Page 55 of 79 Pages
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.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
/- work with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.3.6 Modifications and Additions to Traffic Control Plan Sheets, The Contractor shall
submit Traffic Control Plans (TCP) for the Engineers review for any construction activities. that do
not fall within the Traffic Control Staging plans that may be included in the plans for this project.
The Contractor must obtain the Engineer’s approval of the new TCP prior to implementing them. All
expenses and time to prepare and review such modifications, additions, supplements and/or new
designs shall be included in the lump sum bid for traffic control. Such modifications, supplements
and/or new design shall meet the requirements of the “MANUAL OF TRAFFIC CONTROLS”, 1996
Edition as published by the State of California Department of Transportation and of the Engineer.
Such modification, addition, supplement, and/or new design shall be prepared by a 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. The
Engineer may approve any such modifications, supplements, and/or new designs to the traffic
control plans when, in his/her sole opinion, such modifications, supplements, and/or new designs to
the traffic control plans prepared by the registered 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 traffic control plans are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs shall not presuppose their approval or
obligate the Agency in any fashion. Submittal and review requirements for such modifications,
supplements, and/or new designs shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
‘r? 7/l 7198 Contract No. 3591 Page 56 of 79 Pages
Add the following section:
7-l 0.3.7 Payment,
The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump
sum price paid for “traffic control” shall include full compensation for furnishing all labor (including
flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the
work involved in preparation, reproduction and changing of traffic control plans, placing, applying
traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining,
moving to new locations, replacing, and disposing of the components of the traffic control system as
shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. Flagging costs will be paid for as a part of the Lump Sum Amount for “Traffic Control.” When included as a bid item the cost of labor and material for
portable concrete barriers will be paid for at the price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payment 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 & PAYMENT
9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-l .4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall wmmence on the date of rewrdation 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
‘rp 7/l 7198 Contract No. 3591 Page 57 of 79 Pages
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting
forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of
such estimated value of the work done as part security for the fulfillment of the contract by the
Contractor, except that at any time after 50 percent of the work has been completed, if the Engineer
finds that satisfactory progress is being made, the Agency may reduce the total amount being
retained from payment pursuant to the above requirements to 5 percent of the total estimated value
of said work and may also reduce the amount retained from any of the remaining partial payments
to 5 percent of the estimated value of such work. In addition, on any partial payment made after 95
percent of the work has been completed, the Agency may reduce the amount withheld from
payment pursuant to the requirements of this Section to such lesser amounts as the Engineer
determines is adequate security for the fulfillment of the balance of the work and other requirements
of the contract, but in no event will said amount be reduced to less than 125 percent of the
estimated value of the work yet to be completed as determined by the Engineer. Such reduction will
only be made upon the written request of the Contractor and shall be approved in writing by the
surety on the Performance Bond and by the surety on the Payment Bond. The approval of the
surety shall be submitted to the Engineer; the signature of the person executing the approval for the
surety shall be properly acknowledged and the power of attorney authorizing the person executing
the approval to give such consent must either accompany the document or be on file with the Agency.
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.
‘r# 7/l 7198 Contract No. 3591 Page 58 of 79 Pages
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will
be considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
g-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in various items of work and no other payment will be made.
‘r? 7117198 Contract No. 3591 Page 59 of 79 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 2011 CONCRETE, MORTAR, AND RELATED MATERIALS
201-l PORTLAND CEMENT CONCRETE
TABLE 201-l .1.2(A) Modify as follows:
TABLE 201-l .1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction Concrete
Class
All Concrete Used Within the Right-of-Way 330-C-23
Maximum Slump mm (Inches)
(2)
Trench Backfill Slurry
(560-C-3250) (‘I
115-E-3 200 (8”) . . (190-E-400)
P
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
330-C-23
(560-C-3250)
350-C-27
(590-C-3750)
310-c-17
(520~C-2500P)
100 (4”)
100 (4”)
per Table 300-l 1.3.1
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be
as per Table 201-l. 1.2(A) SSPWC. (2) As per Table 201-l .1.2(A) SSPWC.
(3) Portions of Table 201-l. 1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following:
The air content shall not deviate from the percentage specified or permitted by more than l-112
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 for surface course, and B-AR 4000 for base course.
203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “and from the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.”
7117f98 Contract No. 3591 Page 80 of 79 Pages
203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in
the work.
SECTION 204 - LUMBER AND TREATMENT WITH
204-l LUMBER AND PLWOOD
TABLE 204-l .2(A) add the following: TABLE 204-l .2(A)
PRESERVATIVES
USES GRADES
Headers for bituminous pavement up to 50 mm x Construction grade Redwood or preservative
100 mm (2”x4”) treated construction grade Douglas Fir
Headers for bituminous pavement larger than 50 Number 1 grade Redwood, or preservative
mm x 100 mm (2”x4”) treated number 1 grade Douglas Fir
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”, Sheets 1 through 5 that accompany ‘Specifications For Reflective Sheeting Signs, October 1993” of
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the
Contractor or supplier to notify the Department of Transportation or to certify compliance to said
“Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operations by the State of
California, Department of Transportation and/or its employees or officials, such rights shall be
vested in the Engineer.
Add the following section: 206-7.2.2 Drawings, Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Standard temporary traffic signs shall be as per the most recently approved “Approved
Sign Specification Sheets” of’ the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date
of the “Notice to Proceed” of this contract, whichever is most recent.
‘y? 7117198 Contract No. 3591 Page 81 of 79 Pages
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs, excepting only those
hereinafter listed, shall be fabricated with Type III encapsulated lens sheeting conforming to the
requirements of this specification.. The signs listed below shall be fabricated with Type II
encapsulated lens sheeting conforming to the requirements of this specification. Warning and
regulatory signs which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24
through, and including, R32B; R47 through, and including, R53C; R62A through, and including,
R62D; R74 through, and including, R96C; and R99 through, and including, R105A. All sign
designations shall be as per the “Traffic Manual”, 1996 revision, as published by the California
Department of Transportation.
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Excepting only construction warning signs used at a single location during daylight hours
for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation
of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on lo-gage and 12-gage cold-rolled steel perforated tubing posts in the
same manner shown on the State of California, Department of Transportation “Standard Plans”
1995 edition standard plans numbers RSl, RS2, RS3 and RS4 for installation of roadside signs,
except as follows: a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at
least 2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5
ff)of sign area, or the signs may be installed on existing lighting standards when
approved by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993”.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts. Posts shall be lo-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs.
Post size and number of posts shall be as shown on the plans, except that when stationary mounted
signs are installed and the type of sign installation is not shown on the plans, post size and the
number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate.
Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to
the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in
7/l 7198 Contract No. 3591 Page 82 of 79 Pages
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the wlor of the sign panel
background. Testing of paint will not be required.
Add the following section:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
Add the following sect&: 2068.1 General. This Section pertains to lo-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and
shall be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall
conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and
punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated
on all four faces with 11 mm (7/16”) holes on 25 mm (1”) centers.
Add the following section:
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+O.Ol l”,
-0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a
tolerance of +0.25 mm (+O.OlO”) applied to the specific size determined at the corner. Straightness
tolerance variation shall not exceed 1.6 mm in 1 m (l/16 ” in 3’). Tolerance for wmer radius is
4.0mm (5/32”), plus or minus 0.40 mm (l/64’). Weld flash on comer-welded square tubing shall
permit 3.60 mm (g/64”) radius gage to be placed in the comer. Using lo-gage or 12-gage square
tube, consecutive size tubes shall telescope freely for 3.lm (10’). Tolerance on hole size is plus or
minus 0.40 mm (l/64”) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (l/8
in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances
shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
TABLE 206-8.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
Nominal Outside Dimensions I Outside Tolerance for kll Sides at Corners
mm
25 x 25
32 x 32
38 x 38 AA Y AA
I .mm I (inches)
\I A I) u. 13 u.uo5
(l’/, x V/J 0.15 0.006
(l’/, x lV2) 0.15 0.006 r.9, __ rrtr \ n nrr n fin8 \ 1-1, x I-1,) ! U.LU I U.U’ * . r. . .
51 x 51 (2 x 2) 0.20 o.ooi
56 x 56 (23/,, x 23/,,) 0.25 0.010 57 Y 57 f-all . . .-all \ n mr n n4n -. _.-.
64x64
51 x 76
\L I, A L 14) I U.L3 I u.u IU
f-311 .I *II \ n ec r\ nrln - IL II x L I..., -. __-. I . “.LCl -.-- I . “.” I” -.- .-
,r) Y 9 \L h 3 I 0.25 I
7/l 7198 Contract No. 3591 Page 83 of 79 Pages
TABLE 206-6.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST
Nominal Outside Dimension I Squareness(‘) 1 Twist Permissible in 900 mm (3”)
mm (Inches) mm. (Inches) mrnt2) ( Inches)i2) .
25x25 (1 xl) 0.15 0.006 1.3 0.050
32x32 (l-‘/4 x l-‘/J 0.16 0.007 1.3 0.050
38 x 38 (l-V2 x l-V2) 0.20 0.009 1.3 0.050
44x44 (l-“/4 x 1-3/4) 0.25 0.010 1.6 0.062
51 x 51 (2 x 2) 0.30 0.012 1.6 0.062
56 x 56 (2-3/,, x 2-3/,.) 0.36 0.014 1.6 0.062
57 x 57 (2-l/4 x 2-‘/J 0.36 1.014 1.6 0.062
64x64 (2-V2 x 2-V2) 0.38 0.015 1.9 0.075
51 x 76 (2 x 3) 0.46 0.018 1.9 0.075
(I) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed.
(2) Twist is measured by holding down the edge of one end of a square tube on a surface plate
with the bottom side of the tube parallel to the surface plate, and noting the height that
either corner on the opposite end of the bottom side is above the surface plate.
Add the following section:
206-6.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel
“pull-through” electrogalvanized rivets with 9.5 mm (316”) diameter shank, 22 mm (7/8”) diameter
head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to
ASTM B-633, Type Ill
,r. 210 PAINT AND PROTECTIVE COATINGS
210-l .6 Paint for Traffic Strlplng, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons,
and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. 601 O-91 D-30.
Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No.
6010-21C-19. Glass beads shall be applied to the surface of the rapid dry water borne paint and
the molten thermoplastic material and shall conform to the requirements of CALTRANS
Specification No. 6010-21C-22 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation
Laboratory, P.O. Box 19126, Sacramento, CA 95619, telephone number (916) 227-7000.
212 LANDSCAPING AND IRRIGATION MATERIALS
212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms
Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212.
Disturbed Areas. All disturbed areas shall be mulched, fertilized and seeded using method B. Mulch
shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous
slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate
percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a
2:l (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry
mixture and shall be “CPA 4000”, ‘AZTAC”, “Ecology Control”, “M-Binder”, or approved equal.
vr? 7117198 Contract No. 3591 Page 54 of 79 Pages
Add the following section: 212-l .2.5.1 Disturbed Area Mulch Fertllizer and Additives. In addition to the seed mix shown
in the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in
Table 212-l .2.5.1 (A)
Table 212-1.2.5.1 (A)
DISTURBED AREA MULCH FERTILIZER AND ADDITIVES
Component Application Rate
grams per sq. meter (pounds per acre)
Virgin Wood Cellulose Fiber Mulch 225 (2000)
Binder (1) 7 ( 1 Fertilizer (16-20-o) Ammonium 35 (36ooo)
Phosphate Sulfate, Plus 15% Soil Sulfur
Wetting Agent Per Mfg. Recommendation
Green Colorant Per Mfg. Recommendation
(1) Required to be incorporated only when applied between the months of Nov. through Feb.
Add the following section:
212-1.2.7 Stablliring Emulsion. Stabilizing emulsion shall be a concentrated liquid chemical that
forms a plastic film upon drying and allows water and air to penetrate. The film shall be
nonflammable and shall have an effective life of at least one year. Stabilizing emulsion shall be
nontoxic to plant and animal life and nonthinking to concrete or painted surfaces. In the cured state
the stabilizing emulsion shall not be re-emulsifiable. The material shall be registered with, and
licensed by the California, Department of Food and Agriculture, as an “auxiliary soil chemical”.
Stabilizing emulsion shall be miscible with water at time of mixing and application.
212-1.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by
volume Seed types shall be as specified on the plans and planting legends, and shall be applied at
the rates indicated.
All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed
shall be received by Contractor in separate containers specifying kind, quantity, purity, and
germination. Contractor shall provide the Engineer with each seed bag label used in the Work.
Add the following section:
212-1.3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas shall consist of no
less than the seed varieties shown in Table 212-l .3(A).
Table 212-l .3.1(A) SEED FOR DISTURBED AREAS
Seed Variety I Applicatipn Rate
grams per sq. meter (pounds per acre)
Rose Clover 2.5 20 (”
Festuca Megalura, Zorro Fescue 2.5 20
Eschscholzia Californica 0.35 3
Achilles Millefolia 0.45 4
Alyssum (Carpet Of Snow) 0.35 3
Dimorpholeca 0.25 2
(1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and
mulch.
?3 7ii7198 Contract No. 3591 Page 65 of 79 Pages
Add the following section:
2124.6 Erosion Control Matting. Erosion control matting shall be made of IOO-percent-
biodegradable, weed-free wheat straw of thickness and density yielding 270 grams per square
meter (0.50 Ib./sy) with photodegradable polypropylene netting with a density of 0.69 grams per
square meter (1.64 lb/l 000 sy) having an approximate mesh interval of 50 mm x 50 mm (2” x 2”) on
each face of the straw mat. The straw mat shall be sewn together with unidirectional lines of cotton
or polypropylene thread spaced approximately 50 mm (2”) apart. Erosion control matting shall be
“North American Green, DS150”, “BonTerra S2”, or approved equal.
Add the following section:
212-1.7 Erosion Control Mat Staples. Erosion control mat staples shall be 25 mm x 150 mm (1” x 63 U-shaped 1 l-gauge mild steel staples.
?3 7/17/98 Contract No. 3591 Page 66 of 79 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-l CLEARING AND GRUBBING.
3004.1 General. add the following to the third paragraph: During surface clearing operations,
the Contractor shall not cover or bury any plant growth or other objectionable materials. If the
Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated
shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated
soil shall be borne by the Contractor and no additional payment therefor shall be made to the
Contractor.
300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be included in
various items of work and no additional payment will be made.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile
of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of
storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil,
salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified
excavation shall also include scarification and moisture adjustment and compaction of the top 300
mm (1’) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction,
wetland mitigation grading and attendant work, export of remaining excess material to a disposal
site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water.
300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall
consist of excavating, blending and recompacting loose soils in areas that are designated to receive
fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is
exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more,
water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material
to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and
compacted in accordance with section 3004 of the specifications except that section 3004.9,
Measurement and Payment, shall not apply.
300-2.2.2 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site.
Contract No. 3591 Page 67 of 79 Pages
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the
Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from
areas upon which surface improvements are to be placed. The removal and disposal of such
compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is
considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
section 300-2.2.1.
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material
as directed by the Engineer to improve the stability of excavated cuts. The removal of such
excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is
considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with
Subsection 300-2.2.1.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall
be defined as any area steeper than three horizontal to one vertical. The hinge points (the top and
bottom) of slopes shall be located within 75 mm (0.25’) of the locations shown on the plans.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus
material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment
or special construction equipment, as defined in section 565 of the California Vehicle Code, will be
allowed for hauling material on public streets.
300-2.9 Payment Payment for Unclassified Excavation shall be included in the lump sum bid for unclassified excavation and no other payment will be made.
Add the following section:
300-2.10 Grading Tolerance. Other than slopes, subgrade below structures and subgrade within
the roadway and sidewalk areas the Contractor shall finish excavated areas within 30 mm (0.1’) of
the grades shown on the plans. Tolerances for slopes, subgrade below structures and subgrade
within the roadway and sidewalk areas shall conform to the requirements of the sections pertaining
to grading for those works.
300-4 UNCLASSIFIED FILL
3004.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7,
“Compaction”, areas proposed for improvements all fill (including backfill and scarified ground
surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density
as determined in accordance with ASTM Test Procedure D1557-91.
3009.4 Benching. add the following:
Supplemental Standard Drawing GS-14)
Benching shall conform to The (City of Carlsbad
300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such
that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly
compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill
areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC
,- Standard 16-2 as published by the International Conference of Building Officials. Should insufficient
vg 7/17/98 Contract No. 3591 Page 66 of 79 Pages
soils meeting the requirement of an expansion index of 50 or less be present within the limits of
work, soils of the least expansion index that are available within the limits of work shall be
incorporated in the upper 900 mm (3’) of fill placed in the roadway.
The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3”).
Particles with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be
filled so that construction equipment can be operated in such a manner that the larger pieces will be
broken into smaller particles and become incorporated with the other materials in the layer. This
requirement for particle size reduction does not apply to cobbles, small boulders, and small hard
rocks found within the surface soils and formational materials. Rocks having any dimension greater
than 460mm (16”) shall not be incorporated into the fill. Rock exceeding 150 mm (6”) in diameter
shall not be placed in the upper 900 mm (3’) of any fill. When there are large quantities of rock to
be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them
so that intervening voids can be adequately filled with fine material to form a dense, compact mass.
Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be
broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City
of Carlsbad, a separate grading permit will be required for disposal of rock.
30046 Application of Water. add the following: The Contractor shall place all fill soil at a
moisture content no less than one (1) percent below optimum moisture as determined by ASTM test
D-l 557-91.
3004.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the
top 1 rn. (3’) of roadway subgrade to a minimum of 95 percent relative campaction.. On all areas to
receive planting, the top 150 mm (6”) shall be wmpacted to 65%, +2% -5%, to allow for plant
growth.
3009.6 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted.
The Contractor shall compact the faces of fill slopes with a sheep’s foot roller at vertical intervals no greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not over built
and cut back, the face of the slope shall be track walked upon completion.
30049 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a part of
unclassified excavation, and no additional payment will be made therefor.
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEGTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control
conforming to the requirements shown on the plans, as specified herein, and as elsewhere required
by the Contract Documents. Erosion control and water pollution control shall include the work
specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage
of the limits of work and construction impacts upon areas receiving drainage flows from within the
limits of work.
7u 7198 Contract No. 3591 Page 69 of 79 Pages
.-
/-
Add the following section:
300-9.2.1 Gradlng Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within
the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags,
silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during
the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during
the duration of the contract. The criteria used to determine the appropriate erosion control
measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in
the, “California Storm Water Best Management Handbook, Construction Activity”, March 1993
edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy
of the “California Storm Water Best Management Handbook, Construction Activity”, March 1993
edition on the project site and shall conduct its operations in conformity to said Handbook.
Temporary erosion control measures provided by the Contractor shall include, but not be limited to,
the following:
a) Embankment areas, while being brought up to grade and during periods of completion prior to
final roadbed construction, shall be graded so as to direct runoff into impoundment areas within
the limits of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited
to: temporary down drains, either in the form of pipes or paved ditches with protected outfall
berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff;
confined ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures . These
measures shall include, but shall not be limited to, methods shown on the plans and described
herein.
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control,
conforming to the operational requirements herein, of the BMP and conforming to the requirements
of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a
part of the planned permanent work or included as a separate bid item shall be considered as
included in the contract price bid for unclassified excavation, and no additional compensation will be
allowed therefor.
SECTION 3011 TREATED SOIL, SUBGRADE PREPARATION AND
PLACEMENT OF BASE MATERIALS
301-l SUBGRADE PREPARATION.
3014.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)“.
301-l .3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have
base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway
or sidewalk constructed over them to no less than 95 percent maximum dry density as determined
by ASTM test D-l 557-91.
Contract No. 3591 Page 70 of 79 Pages
3011.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall
be included in the contract bid price for which the subgrade is prepared and shall include all labor,
materials; including water, operations and equipment to scarify, adjust moisture, compact or rewmpact the subgrade, both in cut areas and in fill areas, and no further compensation will be
allowed.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the
paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be
applied at least 2 (two) working days prior to paving the area. Allowance for the two day period
shall be shown in the schedule required per section 6-1.
302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the
successive interfaces of existing pavement and new pavement when, in the opinion of the engineer,
the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt
receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the
new pavement course is dirty enough to impair bonding between the next lift of asphalt.
302-5.5 Distribution and Spreadlng. modify as follows After second sentence of sixth
paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct
the asphalt concrete surface wurse with an automatic screed control for surface course paving. The
automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated
by an operator and two full-time screed men during all paving. The surface wurse shall be 50 mm
(2”) thick. Leveling courses will be required in a variable thickness pavement section.
302-5.6.1 General. modify as follows: Second paragraph, Part (2) add: Pinched joint rolling
procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer.
Modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the
initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat.
306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless
othewise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits
of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the
course of the work and shall replace said pipelines and conduits with properly compacted soils.
Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made.
?3 7/17/98 Contract No. 3591 Page 71 of 79 Pages
SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION
308-2 EARTHWORK AND TOPSOIL PLACEMENT
308-2.3.2 Fertiiization and Conditioning Procedures. add the following: The Contractor shall
cultivate the surface of ail areas to be planted or hydroseeded by discing, ripping or scarifying the
finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of
cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The
Contractor shall cultivate ail planting areas, except slopes steeper than 3-l/2:1 (horizontal to
vertical), to a depth of 300 mm (12”). The planting areas that are slopes steeper than 3-l/2:1, shall
be cultivated to a depth of 150 mm (6”). After cultivation, the soil amendments shown in table 308- 2.3.2(A) shall be thoroughly blended 150 mm (6”) deep in all planting areas. Except for planting pits
the cultivation depths are designated as the root area. Backfill for planting pits shall conform to the requirements of section 308-4.5. After surface preparation and application of the soil amendments
shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property
listed in Tables 308-2.3.2(B) and 308-2.3.2(C) from each median planter, at least one test per 150
m (500’) from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit
the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the
acceptable ranges of soil properties shown in Tables 308-2.3.2(B) and 308-2.3.2(C) using such
materials and methods as may be necessary. Organic soil amendment materials shall not be
included in the samples used to determine compliance to the soil particle gradation requirements of
Table 308-2.3.2(C). if adjustments are necessary the soil shall be tested by the Contractor after
such adjustments for each soil property listed in Table 308-2.3.2(B) and 308-2.3.2(C) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable
range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of
hydroseed slurry the surface and root area shall be evenly and thoroughly moistened to no less than
75 percent of field capacity. The Contractor shall certify, in writing, that the ground surface has
been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineers approval before any planting or
hydroseeding.
Soil Amendment 1
TABLE 308-2.3.2(A)
SOIL AMENDMENTS
Metric Application Rate 1 Approx. U.S. Application Rate
Agricultural Gypsum 500 g per square meter 100 ibs. per 1,000 square feet
iron Suifate 50 g per square meter 10 Ibs. per 1,000 square feet
Calcium Carbonate Lime 500 g per square meter 100 ibs. per 1,000 square feet
Organic Soil Amendment 0.04115 cubic meters per square 5 cubic yards per 1,000 square
meter (average depth 41 mm) feet (average depth 1 5/e”)
Soil Property
Ph
Dissolved Salts
TABLE 308-2.3.2(B)
SOIL PROPERTIES
Acceptable Range Test Method
6.5 to 7.3 Saturation Paste pH
c 4.0 dS m-’ Saturation Paste
Repeatability Range of Test
kO.1 pH
f 7% (EC,,) Soluble Salts
Liquid Limit N/A to 30 ASTM D 423 *2
Plasticity index NP to 10 ASTM D 424 It2
vg 7/l 7198 Contract No. 3591 Page 72 of 79 Pages
TABLE 308-2.3.2(C)
SOIL PARTICLE GRADATION
Sieve Siize Percent Passing
19 mm (V4”) 100
9.5 mm (Van) 95 - 100
4.75 mm (No. 4) 60-85
1.89 mm (No. 10) 40-75
- 475 pm (No. 40) 35 70 -
75 pm (No. 200) 30-70
308-2.4 Finish Grading.. add following: The Contractor shall prepare the finish grade in hydroseed
slope areas with a moderately rough texture to provide a suitable surface for adherence of the
hydroseed mix.
Add the following section, 3084.10 Erosion Control Matting Installation
Add the following section, 308-4.10.1 General. Before installation of erosion control matting the Contractor shall complete all
soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting.
Add the following section:
308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be installed by the
Contractor immediately after the first application of hydroseed materials. In all cases the Contractor
shall place the erosion control matting within three days after the first hydroseed material
application. Should any seed in the hydroseed materials begin to germinate within the three-day period after application or before the installation of the erosion control matting, the installation of the
erosion control matting shall be considered as late and the Contractor shall disc the hydroseed
materials into the top 1OOm (4”) of the underlying soil, condition the soil for hydroseeding, apply hydroseeding materials at the rates and of the type specified and then install the erosion control
matting. No additional payment will be made for second or subsequent hydroseed applications
resulting from late installation of erosion control matting.
Add the following section:
3084.10.3 Installation. The Contractor shall install erosion control matting using the following
techniques:
1. Begin at the top of the slope by placing the erosion control matting into a 150 mm (6”) wide by
150 mm (6”) deep trench with the end of the matting laid flat in the bottom of the trench 2. Anchor the end of the erosion control matting with erosion control mat staples spaced no more than 300 mm (12”) on centers placed at the intersection of the bottom and the downhill vertical
face of the trench. 3. Roll the erosion control matting down the slope.
4. Staple the erosion control matting on an alternating grid consisting of three across and two
across lines of staples in horizontal lines spaced 900mm (3’) on centers.
5. Erosion control mat so stapled shall be spaced such that no less than 1 % staples per square
meter (1% staples per square yard) are provided to anchor the erosion control matting. 6. Start the adjacent erosion control mat as in Item 1. of this section, overlapping the previously
placed mat by no less than 50 mm (2”).
7. Staple placement may be such as to use the staples used to secure the adjacent mat to secure both mats along their edges.
‘@ 7/l 7/98 Contract No. 3591 Page 73 of 79 Pages
F-
308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Add the following: For hydroseeded
areas, the Contractor shall maintain said areas for period of no less than 120 days or until final
acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The work shall include, but not be limited to, watering, litter control, weed control, cultivating,
supplementary fertilization, and control of diseases and pests. The Contractor shall implement the
control measures, exercising extreme caution in using pesticides and taking all steps to ensure the
safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During the plant establishment period, the Contractor shall furnish sufficient workers and equipment on a daily
basis to perform the work required by this section. Any day when the Contractor fails to adequately
carry out specified maintenance work, as determined necessary by the Engineer, will not be credited
as one of the plant establishment days. All planting areas which are damaged by construction shall be
repaired by the Contractor within twenty (20) days following completion of construction in such. The
Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area
back to final grade, preparing the soil, replanting the area with the same vegetation as originally
specified, and maintaining the area to achieve acceptable plant establishment.
,/”
The Contractor shall provide temporary irrigation for hydroseeded areas for a minimum of 30 days to
ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor
shall gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated conditions. Upon the approval of the engineer, the temporary irrigation system shall be shut off at the end of the
maintenance period. The hydroseeded areas must have their growth of 80% established and the
coverage must be evenly successful over the entire hydroseeded area and adequate to prevent
erosion no less than 30 days before the end of the maintenance period. Should the coverage not be
achieved the maintenance period shall be extended until the required coverage is achieved plus an
additional 30 day period. The Contractor shall call for a final inspection 30 days before the end of the
maintenance period and at the end of the maintenance period. Failure to pass inspection will result in
an extension of the maintenance period. The Contractor shall continue to provide maintenance for such time necessary to obtain conformance to the specifications.
3088 MEASUREMENT AND PAYMENT. add the following: The lump-sum or unit prices set forth
in the contract documents shall include, but not be limited to, full compensation for furnishing all
labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and
guarantee the hydroseeding described or specified in the contract documents, including soils testing
and recommended soil amendments, seed and hydroseed slurry, erosion control matting, plant
materials, temporary irrigation, as well as 120 days’ maintenance and project guarantees. After
completion of the project, the Engineer will retain $4000 of the total contract amount, and will
subsequently disburse the $6000 to the Contractor on a monthly basis of $1000 per month. The
Engineer reserves the right to stop payment until all punch list submitted to the Contractor every
month are completed.
‘y# 7/l 7J98 Contract No. 3591 Page 74 of 79 Page8
SECTION 310 - PAINTING
31 O-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings.
31046.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall
provide a wet grinding machine with sufficient capacity to completely remove all existing or
temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic
Manual, or that may be confusing to the public. The surface produced by grinding the existing or
temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane
more than 3 mm (‘/8”) in 3 m (10’) when measured parallel to the centerline of the street or more
than 6 mm (1/qn) in 3 m (10’) when measured perpendicular to the centerline of the street. The use
of any equipment that leaves ridges, indentations or other objectionable marks in the pavement
shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by
the Contractor. This equipment shall meet all requirements of the air pollution control district having
jurisdiction.
310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The
Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from
the street into any storm drain or water wurse and when approved by the Engineer. The Contractor
shall vacuum all water and detritus resulting from high velocity water jet striping removal from the
pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted.
310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before
establishment of the necessary control points. The Contractor shall establish all traffic striping
between these points by string line or other method to provide striping that will vary less than 80mm
per 100m (l/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight
stripes deviating more than 80mm per 1OOmm (l/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses.
‘r# 7/l 7198 Contract No. 3591 Page 75 of 79 Pages
“-
310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply
the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor
shall paint the ends of each median nose yellow.
Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night.
310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and
required by the specifications shall be included in the lump-sum price bid for temporary and final
traffic striping, and no additional compensation will be allowed therefor. Reapplication of temporary
stripes and markings shall be repainted at the Contractor’s expense, and no additional compensation
will be allowed therefor. The lump sum prices bid and shall include all labor, tools, equipment,
materials, and incidentals for doing all work in installing the final and temporary traffic striping.
SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
3134.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
313-l .2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which
conflict with any traffic pattern shall be, removed by grinding as determined by the Engineer. The
Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic
stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 “Pavement Marker Placement
and Removal”, except the 14day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be
required.
Add the following section:
3134.3 Channelirers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be
visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with
F vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the
same manner as provided for cementing pavement markers to pavement in section 312-1,
“Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be +
7117198 Contract No. 3591 Page 76 of 79 Pages
placed on the alignment and location shown on the plans and as directed by the Engineer. The
channelizers shalt be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be
performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position,
from any cause, the channelizers shall immediately be replaced or restored to their original location,
by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in
accordance with the provisions of section 4-1.5, “Certification”. Said certificate shall certify that the
channelizers comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer.
Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
3139.1 General, The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS.
Add the following section:
313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of
interconnected new or undamaged used precast concrete barrier and shall be placed along the
entire length of all open excavations. Temporary sand-filled crash cushions shall consist of new or
undamaged used temporary sand-filled crash cushions units as shown on the plans..
313-3.1 .l Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall
conform to the provisions in sections 21 O-l .5 “Paint Systems” and 310 “Painting”. Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours.
The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the
appearance of said units when ordered by the Engineer after the units are in place.
Add the following section.
313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the
temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete
used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1,
“Portland Cement Concrete” and 303-l “Concrete Structures”.” Load tickets and a Certificate of
Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, “Portland Cement Concrete” and 303-l ‘Concrete Structures”. Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM
Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting
7/l 7198 Contract No. 3591 Page 77 of 79 Pages
bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a
minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded
on the upper end with a 5-mm (31,6”) fillet weld. The final surface finish of temporary railings (Type K)
shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of
concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented
curing compound method. The pigmented curing compound shall be type 2 curing compound.
Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or
logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel.
Add the following section.
313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K)
shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete temporary railing
(Type K) units shall be placed and maintained in alignment without substantial offset to each other.
The precast concrete temporary railing (Type K) units shall be positioned straight on tangent
alignment and on a true arc on curved alignment Each temporary railing (Type K) unit placed within
3 m (10’) of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer.
Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to
the requirements of the CALTRANS Traffic Manual shall also be installed at each end of temporary
railing (Type K) installed adjacent to a two-lane, two-way highway and at the end facing traffic of temporary railing (Type K) installed adjacent to a one-way roadbed. The Contractor shall repaint
each temporary railing (Type K) unit when it has been marked by graffiti, stained or marked by the Contractor’s operations or when their paint is scraped, diswlored or marked by public traffic. If the
temporary railing (Type K) is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2,
“Temporary Traffic Signs”. Where shown on the plans, threaded rods or dowels shall be bonded in
holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where
temporary excavation or embankment was used to accommodate the temporary railing (Type K)
shall be restored to its previous condition, or constructed to its planned condition.
Add the following section:
313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall
be “Energite Ill” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System
Modules” manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system
by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC)
shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of
direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The
TSFCC shall be installed per CALTRANS Standard Drawings Tl and T2 for approach speeds no
less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph),
whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said
standard drawings. A Type J and/or P marker panel conforming to the requirements of the
CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings Tl and T2. Particular care shall be taken to assure that crash cushions are
installed with the soil supporting them and the adjacent soil leveled to match the elevation of the
‘r? 7/l 7198 Contract No. 3591 Page 78 of 79 Pages
bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to
the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the
TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed
from.
Add the following section:
3134 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, tempera-v signing, temporary railing (type K), temporary crash cushions and
temporary appurtenances thereto shown on the plans or required in the specifications are a part of
the lump-sum item for traffic control and payment therefor shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in
applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers,
signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the
plans, as specified in the Standard Specification and these special provisions, and as directed by the
Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors
marking them shall include the installation, grading for installation, grading for the approach path,
maintenance, painting and re-painting, replacement of damaged units and removal and shall also be
included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash
cushions when not shown on the plans and requested by the Engineer-shall be made per section
3-3, Extra Work, SSPWC.
‘r# 7117198 Contract No. 3591 Page 79 of 79 Pages
1991 DOC 1‘ 1999-0685249
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
CICT 3.1b 1999 10:25 WI
1
;
amI# lllmm
>
)
City Clerk
City of Carlsbad
Space above this line for Recorder’s Use
NOTICE OF COMPLETION
Notice is herebv aiven that:
1.
2.
3.
4. 5.
6.
7.
The underigied is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on August 6,
1999.
The name of the contractor, if any, for such work of improvement is New Century
Construction Co. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Carlsbad Boulevard Bike
Lane, Project No. $591.
8. The address of said property is within the limits of the City of Carlsbad.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Catlsbad,
California, 92008; the City Council of said City on October 5 1999, 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 October 7 , 1999, at Carlsbad, California.
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ J City Clerk’
4