HomeMy WebLinkAboutSean Malek Engineering & Construction Inc; 1998-06-08; 3511CONSTRUCTION OF THE
BEACH ACCESS STAIR
RECONSTRUCTION
PROJECT NO. 3511
Sean Malek Engineering
and Construction, Inc.
e
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPEC1
PROVISIONS
0 FOR
BEACH ACCESS STAIR
RECONSTRUCTION
CONTRACT NO. 3511
March 4,1998
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~Sll08l98 Contract No. 351 1 Page
TABLE OF CONTENTS
Item - Pi -
NOTICE INVITING BIDS ..............................................................................................................
CONTRACTORS PROPOSAL
BID SECURITY FORM .................................................................................................................
BIDDERS BOND TO ACCOMPANY PROPOSAL .....................................................................
GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS ........................................
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID ...........
DESIGNATION OF OWNER OPERATOFULESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK ....................................................................................................
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ....................................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ..................................
BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ............................
BIDDER' S STATEMENT OF RE-DEBARMENT ........................................................................
BIDDERS DISCLOSURE OF DISCIPLINE RECORD ...................................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMllTED WITH BID ..................................................................................
CONTRACT PUBLIC WORKS ....................................................................................................
LABOR AND MATERIALS BOND ...............................................................................................
FAITHFUL PERFORMANCEWARRANTY BOND .....................................................................
REPRESENTATION AND CERTIFICATION ..............................................................................
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) .................................................................
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SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK: CONSTRUCTION PART 1, GENERAL PROVISIONS ..............................................................
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .............
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOR CON STRU CTlON PART 3, CON STRU CTI 0 N M ETH 0 D S.. .....................................................
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W/08/98 Contract No. 351 1 Pag
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS a Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 9th day of April, 1998, E
time they will be opened and read, for performing the work as follows: Reconstruction of the
concrete steps and installation of new handrails for the Ocean Street beach access sta
reconstruction of the edge beams on the two platforms and reconstruction of the edge
sidewalk at the Cherry Avenue beach access stairs.
BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 3511
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Engineering Department. The specification!
work include the Standard Specifications for Public Works Construction (1 997 Edition) and t
Supplement, all hereinafter designated "SSPWC" as issued by the Southern California Ch
the American Public Works Association and as amended by the special provisions section contract. Reference is hereby made to the specifications for full particulars and descriptio
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 contr;
utilize recycled and recyclable materials when available, appropriate and approved by the En
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddir
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdictic
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Pu
Department. Each bid must be accompanied by security in a form and amount required by It
bidder's security of the second and third next lowest responsive bidders may be withheld
Contract has been fully executed. The security submitted by all other unsuccessful bidders
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pui
the provisions of law (Public Contract Code section t 0263), appropriate securities
substituted for any obligation required by this notice or for any monies withheld by the City tc
performance under this Contract. section 10263 of the Public Contract Code requires m
securities to be deposited with the City or a state or federally chartered bank in Californi
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omi:
the agent in connection with the handling of retentions under this section in an amount not I
$1 00,000 per contract.
The documents which comprise the Bidder's proposal and that must be completed,
executed and notarized are:
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~S,IO81!38 Contract No. 351 1 Pa9
1. Contractor's Proposal
2. Bidder's Bond
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial
Responsibility Security)
7. Bidder's Statement of Technical Ability
and Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantii
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estir
$1 32,664.00 for the sum of Schedule I & 2.
No bid shall be accepted from a contractor who is not licensed in accordance with the provi:
California state law. The contractor shall state their license number, expiration da
classification in the proposal, under penalty of perjury. The following classifications are acc
for this contract: Class A in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents ii
the usual 10% retention from each payment, these documents must be completed and su
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 Purl
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabl
$20.00 per set. If plans and specifications are to be mailed, the cost for postage should be i
Any prospective bidder who is in doubt as to the intended meaning of any part of the dl
specifications or other contract documents, or finds discrepancies in or omissions from the d
and specifications may submit to the Engineer a written request for clarification or correctic
response will be made only by a written addendum duly issued by the Engineer a copy of w
be mailed or delivered to each person receiving a set of the contract documents. No additic
modification of or interpretation of any provision in the contract documents will be given 01
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 irregi
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the (
shall be those as determined by the Director of Industrial Relations pursuant to the sectior
1773, and'1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a currf
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to w
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of sectiot
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletl
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer purposes of section 41 07 and 41 07.5.
8. Certificate of insurance
9. Bidder' s Statement Re Debarment
11 .Purchasing Department Representation a
Certification
12.Escrow Agreement for Security Deposits 8
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
r) 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Record
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall i
the Contract for work.
A pre-bid meeting and tour of the project site will be held at 2:OO p.m. on Thursday March 2(
at Carlsbad Blvd. and Cherry Street, on the west side of Carlsbad Blvd.
All bids are to be computed on the basis of the given estimated quantities of work, as indicatec
proposal, times the unit price as submitted by the bidder. In case of a discrepancy betweer
and figures, the words shall prevail. In case of an error in the extension of a unit price, the cc
extension shall be calculated and the bids will be computed as indicated above and comparec
basis of the corrected totals. Bids will be compared on the basis of the total of Schedules 1 &
All prices must be in ink or typewritten. Changes or corrections may be crossed out and t
written in with ink and must be initialed in ink by a person authorized to sign for the Contractoi
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection c
Bonds to secure faithful performance and warranty of the work and payment of laborc
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent
respectively, of the Contract price will be required for work on this project. These bonds :
kept in full force and effect during the course of this project, and shall extend in full force an
and be retained by the City until they are released as stated in the Special Provisions sectioi
contract. All bonds are to be placed with a surety insurance carrier admitted and autho
transact the business of insurance in California and whose assets exceed their liabilitie
amount equal to or in excess of the amount of the bond. The bonds are to contain the fc
a
@ documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 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 in
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual staterr
quarterly statement filed with the Department of Insurance pursuant to Article 10 (comrnenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (I) a rating in the most recent Best's Ke:
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insu
the State of California by the Insurance Commissioner. Auto policies offered to r~
specification of this contract must: (1) meet the conditions stated above for all insurance COI
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite,
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ir
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a (
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement for
compensation insurance. a
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p'#1108198 Contract No. 351 1 Pagl
The Contractor shall be required to maintain insurance as specified in the Contract. Any ac
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 submitl
required bonds and insurance, as described in the contract, within twenty days of bid openinl
Contractor fails to comply with these requirements, the City may award the contract to the se
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
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-49
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adopted on the 3rd day of March ,I9 98 .
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Aletha L. Rautenkranz, City’Clerk ~bACh 4, 199
Date
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CITY OF CARLSBAD
BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 3511
CONTRACTORS PROPOSAL
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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
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda there
hereby proposes to furnish all labor, materials, equipment, transportation, and services reqi
do all the work to complete Contract No. 351 1 in accordance with the Plans, Specifications,
Provisions and addenda thereto and that he/she will take in full payment therefor the follow prices for each item complete, to wit: I
SCHEDULE I: OCEAN STREET STAIRS
Approximate Quantity Unit No. DescriDtion and Unit - Price - Total p Item -
1-1 Mobilization and preparatory LS -3.000-00 work at a lump sum amount not-to-exceed three thousand
dollars at
rh pecr 3tL;"iLs C#,/Ld h!!LdX
1mn n:, CLLZiz.. Dollars (Lump Sum)
fence lump sum at
~~L~~fi~Gn~ Gm)
Includes epoxy coated reinforcing bars, demolition and removal of existing PCC stairs
and handrails, installation of new handrail at
1-2 Install temporary chainlink LS 751),00 _7Fio-00
.. c ,><{d/v-l iLvlcL-L%/ $<+Ai
/m CZ.ilfS J
1-3 6-foot wide PCC stairs. LS 34,250.00 3-
-42, rh CL4 +':s&LLf. 7722
hwdL,( C/Ch d 0tk.g-j G:=I ,LC cti?f ST
Dollars (Lump Sum) 1.
e e* w 1/08/98 Contract No. 351 I Pa
1 '. Item
1 with epoxy-coated reinforcing
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Approximate Quantity Unit
2.3 CY $200.00 $460.0(
Price - Total - No. DescriDtion and Unit -
1-4 Construct PCC anchor walls
%tJ[J hwhrhrizd clc/Cm
Dollars per Cubic Yard 5-fi
852.0( 1-5 8-mil Polyethylene moisture 426 SF 2.00
barrier at
,fL)2 c-0 / ibRS
Dollars per Square Foot
5.00 2,130,0( 1-6 2-inch thick sand backfill at 426 SF
(3 I Ikcl..;s e, " 2 ~ {,i I
Dollars per Square Foot
LS 800,OO 800.01 1-7 Paint handrail at Zid?f )tu ndrr C /
c. p. / I c41- 5 Dollars (Lump Sum)
600.00 600.0 1-8 Prepare traffic control plan & LS
furnish & install temporary traffic control & signing at
5,d bWWi?L+ Lil f3 1 /dl/ 5 Dollars (Lump Sum)
2 EA 200.00 400.0 1-9 Furnish and install Stairs Closed signs at /ir(n,> bilJk&'kn?J
/$? I/(&@ 7
Dollars Each
1-1 0 Construction schedule at the LS $500.00 $500.00
stipulated lump sum of five hundred dollars at <p /u+rzljlL-eil
isD /&ps Dollars (Lump Sum)
Forty three thousand, seven hun Total amount of bid for Schedule 1 in words: SA
forty-two dollars and no cents, s. +
Total amount of bid for Schedule 1 in numbers: $ 43 I 742- 00
Price(s) given above are firm for 90 days after date of bid opening. 1.
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SCHEDULE 2 - CHERRY AVENUE STAIRS
Approximate
Item Quantity Unit
2-1 Mobilization and preparatory LS $7,000.00 $7,000. OC
No. Description and Unit - Price Total
G,
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work at a lump sum not-to- exceed thousand dollars 6.d at Seven thousand, five
bdrd (per addPndiuIL #I 1 Dollars (Lump Sum)Aw1 sudd
fence lump sum at
2-2 Install temporary chainlink LS 1,800.00 1,800.0C
C? ng, TL>, ~h ,,I? n C.L 4 h/
?~n &YP, c iL Lifi”&
/fob .&&a S6bUd 4- IIPL
in& T ,[ A&/W5
Dollars (Lump Sum)
2-3 Unclassified excavation at LS 2,500.00 2,500.0(
Dollars (Lump Sum)
2-4 Construct new PCC edge LS 27,625.00 27,625.0(
beams. Includes epoxy coated reinforcing bars, doweling into existing platforms, installation of threaded inserts for attachment of handrails and stairs, demolition and removal of existing PCC edgebeams, remove and reinstall handrails on two platforms, remove and 0 reinstall handrails on two
2-5 Repair footing of sidewalk LS 1,300.00 1,300.00
landing at
L.LSaAZi/ -Jkrr,L -\
IwAm Am[ J Ad&*< Dollars (Lump Sum)
2-6 Cut slots in stair support 12 EA 100.00 1,200.00 - brackets at
Dollars Each
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~81108198 Contract No. 351 1 Pac
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Approximate Quantity Unit No. DescriDtion and Unit - Price Total -
2-7 Sandblast and prime platform LS $600.00 $600.0C
handrails at SlX luicn&-fi Bolllzas
Dollars (Lump Sum)
800.00 800.0( 2-8 Payt platform handrails at I LS
b I oh t Iznsld~ ~ri riCILM5
Dollars (Lump Sum)
2-9 S al reconstructed platforms at LS 900.00 900.0(
Jlzu kLz/n_h@.tJ &LWs
Dollars (Lump Sum)
furnish & install temporary
traffic control & si ning at
600.00 600.0 2-1 0 Prepare traffic control plan and LS
s;r( iLw fL.6 e .p , n,&&l *N 1
Dollars (Lump Sum)
2-1 1 Furnish and install railroad ties 10 EA 150.00 1,500.0
Dollars Each
200.00 400.0 2-12 Furnish and install Stairs 2 EA
2-1 3 Construction schedule at the LS $500.00 $500.00
stipulated lump sum of five hundred dollars at
Total amount of bid for Schedule 2 in w0rdS:F'ort.y seven tho11 sand - sPvPn hiin81
twenty-five dollars-and no cents.
Total amount of bid for Schedule 2 in numbers: $ 4 7 ,7 2 5 . o 0
Price@) given above are firm for 90 days after date of bid opening.
Total amount of bid for Schedules 1 and 2 in words: Ninty one thousand, four hur
$.M sixty-seven dollars and no cents.
5. fl '0 Total amount of bid for Schedules 1 and 2 in numbers: $ 9 1 ,4 6 7 0 0
Price@) given above are firm for 90 days after date of bid opening.
~91108198 Contract No. 351 1
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ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 3511
A//
CHANGE:
Page 3, “NOTICE INVITING BIDS”, to read:
‘Sealed bids will be received at the Office of the Purchasing Officer, Ciy Hall, 1200 Cads
Village Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the ISfh day of April, I!
at which time they will be opened and read, for performing the work as follows:”
(remainder of the page is unchanged)
CHANGE:
Page 9, “SCHEDULE 2 - CHERRY AVENUE STAIRS’, to read:
Item Quantity Unit Approximate
P!%X Total @No. Description and Unit --
$7,000.00 $7,001 2-1 Mobilization and preparatory work LS
at a lump sum not-to-exceed
seven thousand five hundred
(;cIK’ m &LLS/f 4 d AlhJ
W0.d JLn (’9LZjs Dollars (Lump Sum)
ADD:
Page IO, “SCHEDULE 2 - CHERRY AVENUE STAIRS”, to read:
Item Quanti Unit - No. Description and Unit - Price T-l
Approximate
2-14 Replace precast concrete tread 2EA $500.00 $1 IO(
GO$ lUL& c;iolbT
cvi\A 4-, (.&A&
Dollars Each
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Addendum (a) No( s) .
The Undersigned has carefully checked all of the above figures and understands that the City
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 net
bonds and insurance policies within twenty (20) days from the date of award of Contract by 1
Council of the City of Carlsbad, the City may administratively authorize award of the contrac
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 license
business or act in the capaci of a contractor within the State of Califo ia, validly license
license number - K 2i~ n CI 9 , classification Y which ex1 -- , and that this statement is true asorrect and has the legal t
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuan
Business and Professions Code shall be considered nonresponsive and shall be rejected by
§ 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be inv
by the failure of the bidder to be licensed in accordance with California law. However, at 1
the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 2
The Undersigned bidder hereby represents as follows:
I, That no Council member, officer agent, or employee of the City of Carlsbad is pe
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder;
representation, oral or in writing, of the City Council, its officers, agents, or employees has i
him/her to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making i
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is 1-8o- R; A ,, (Cash, Certified Chec
or Cashier's Check) for ten percent (fO%f6f tfie%%ount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requirc
employer to be insured against liability for workers' compensation or to undertake self-insu
accordance with the provisions of that code, and agrees to comply with such provision!
commencing the performance of the work of this Contract and continue to comply until the cc complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2
to the general prevailing rate of wages for each craft or type of worker needed to exe
Contract and agrees to comply with its provisions.
1 has/have been received and idare included 1 proposal. 1.
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4/30/2009 J es
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
b
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be ma
general partner)
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(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 I
1 (2)
President
(Title)
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1 impress Corporate Seal I
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P.S1/08/98 Contract No. 351 1 Page
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1 Sean Malek - President & Secretary- c -
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California (3) Incorporated under the laws of the State of
(4) Place of Business Avpniie (Street and Number)
City and State Pprri c rn
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. 1 (5) Zip Code 9 7 r; 7 1 Telephone No. Qnw2 - 3KAQ
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpora
partnership, list names of all general partners, and managing partners:
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Page ~S~IO8198 Contract No. 351 1
BID SECURITY FORM
(Check to Accompany Bid) e
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of C
CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this che
become the property of the City provided this proposal shall be accepted by the City throug of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of in
coverage within the stipulated time; otherwise, the check shall be returned to the undersign
proceeds of this check shall also become the property of the City if the undersigned shall \F
his or her bid within the period of fifteen (15) days after the date set for the opening thereof
othewise required by law, and notwithstanding the award of the contract to another bidder.
8
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the followir
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the tota of the bid.)
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~$1108198 Contract No. 351 1 Page
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a BIDDER'S BOND TO ACCOMPANY PROPOSAL @
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KNOW ALL PIERSONS BY THESE PRESENTS:
as Surety are; held and firmly bound unto the City of Carlsbad, California, in an amount as fc
payment, well and truly made, we bind ourselves, our heirs, executors and adminis successors oq assigns, jointly and severally, firmly by these presents.
THE CONDIT/ION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
SE~N MALEK FIRST NATIONAL - That we, EN4INEERING & CONSTRUCTIC#x+ Principal, and INSURANCE COMPANI
{must be at I$aSt kn p€?r'c€?nt (IO%) Of the bid amount) TEN PERCENT OF BID for
-
- bounden Principal for:
BEACH ACCESS STAIR RECONSTRUCTION
v CONTRACT NO. 352 3
' in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter it execute a Ca tract including required bonds and insurance policies within twenty (20) days fr date of awar s of Contract by the City Council of the City of Carlsbad, being duly notified I award, then vis obligation shali become null and vold; otherwise, it shalt be and remain in fu and effect, and the amount specified herein shall be forfeited to the said City.
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* FROM : Malek Eng. a Const. INC. PHONE NO. : 9699432548 Mar. 27 1998 01:4:
rn
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In the event Pr/ncipal executed this bond as an individual, it is agreed that the death of Principa not exonerate he Surety from its obligations under this bond. f e
Executed by PblNClPAL this (b* day Executed by SURETY this 30TH ( CT
of As QnL I I19!3L. MARCH ,1998 .
I
w PRINCIPAL: l SURETY:
c (name of Surety)
SEAN MALE^( FIRST NATIONAL
INSURANCE COMPANY OF AMERICA
4 HUTTON CENTRE! SUITE 250B
SANTA ANA/ CA 92707
c3 (address of Surety)
714-437-3047
(telephone number of Surety) 1 c (print name hdre)
7 - - By: /c v-
(Yitts arid Orginization of Signatory) (signature of Attorney-in-Fact)
c DWIGHT REILLY ey: ~,. - (sign here)
(print name hdre) (Attach corporate resolution showing c
(title and orgahitation of signatory)
(Proper notarigl acknowledge of executiin by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant sectetaary must sign for corporations. one officer si$ns, the corporation must attach a resolution certified by the secretary or as secretary under corporate seal empowering that officer to bind the corporation )
APPROVED qS TU FORM:
City Attorney i
(printed name of Attorney-in-Fact) 0
I
c power of attorney.)
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RONALD R. BALL
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County of San Bernardino
On MARCj 30f lgg8, before me,
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VIRGINIA C. SMEADERtNOTARY PUBLIC '
91 Date Name and T& of Officar (e g , 'Jane Doe. Notary PuMq
personally alppeared DWI GHT RE 1 L L Y----- --------- ----- - ------- ---- I t si WS) of SWS) I
&! personally known to me q
I
to be the person&) whose name@) idmX
subscribed to the within instrument and acknowledged to me that he/- executed the same in his/2ImddR authorized capacity(im, and that by hisRiMlt&b signature(%) on the instrument the person&), or
the entity upon behalf of which the person&)
acted, executed the instrument.
PfaceNotarysealAbove
1 OPTIONAL
7hough the information below 13 not reguired by law it may prove valuable to persons relying on the document
a@d could prevent fraudulent removal and reattachment of this form to another docoment.
Description1 of Attached Document
Title or Type c)f Document: Bid &nd
MARCH 30, 1998
Signer@) Other Than Named Above:
Capacity(ie$) Claimed by Signer
NONE
-----------_-__-______ DWIGHT REIJ,LY
cl Corporate !Officer - Title(s):
Guardian dr Conservator
SignerlsRepiesenting: FIRST NATIONAL INS - CO. OF AMERIC
0 1997 Natoml Notary Assccratlon * 9350 De %to Am. PO Box 2402 Chatsworth. CA 913152402 Prod No 5907 Reorder Call Toll-Free 1-800-876682
State of California
e&% - , person
whose name($) ip/are subscribed to the within instrument and acknowledged to me that he/she/the)
executed the sahe in his/her/their authorized capacity(ies), and that by his/her/t heir signature($) on
instrument the pprson(s), or the entity upon behalf of which the person($) acted, executed the
1
WITNESS my hand and official seal.
OPTIONAL
fraudulent removal and reattachment of this form to another document.
Though the informatipn below is not required by law, it may prove valuable to persons relying on the document and could pr
Description of Attached Document
Title or Type of Document: &to &NO
Document Date: , 3.. 3O- 4 8 Number of Pages: a
Signer(s) Other Than Named Above: ~!JO 6- Slbdm AOTVfruX?
Capacity(ies) Claimed by Signer(s)
Signer's Name: %d fl&.&kw &&
I7lndividual
UCorporate Officer
UAttorney-in-Fact
OTrust ee
UGuardian or Conservator
Signer is Representing:
OGuardian or Cdnservator
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"qESIGNATION OF OWNER OPERATOWLESSOR AND
a
AM~UNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operatoi
disclosure form4 Bidders are urged to review the definitions in section 1-2 of the SSPWC an
Special Provisidns to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", Y
Price", "Contracf Unit Price", "Engineer", 'Subcontractor" and "Work" and the definitions in SE
2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bid(
further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 (
Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informatic
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected i
responsive.
INSTRUCTION$ Bidders shall use separate disclosure forms for each Subcontractor or
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to compl
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/Les
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being I
the line of the furm must be entered under the column "O/O of Item by Sub" or "O/O of Item b
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion
item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the L
that the Subcontlractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The \I
materials and transport for materials from sources outside the limits of work, as shown on thc
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as ttl
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as a
of the portion of the work that the Contractor is required to perform with its own organization.
The item numbeir from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in t Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numb6
be entered on the form. If the Subcontractor does not have a valid business license enter "NC
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to prot
required information. The number of additional form pages shall be entered on the first form I each type so duplicated.
em
'$1108/98 Contract No. 351 1 Page 1
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this optioh the Bidder must indicate the bid item numbers to which the information in
pertains. This loption may not be used where the subcontractor or Owner Operator/
constructing or jnstalling less than 100 percent of a bid item. The percentages and dollar i
may be the suds of the bid items listed in that row.
When the Bidd r proposes using a subcontractor or owner operator/Lessor to construct c
less than 100 p .” rcent of a bid item the Bidder must attach an explanation sheet to the desigr
subcontractor 01 designation of Owner Operator/Lessor forms as applicable. The explanatic
must clearly ap rise the Agency of the specific tasks, materials and/or equipment that are p
to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awai
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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$ ’$ $ $ $
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DESI(GNATI0N OF OWNER OPERATOWLESSOR AND
AqOUNT OF OWNER OPERATOWLESSOR WORK
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complete each information field on this form for each owner operator/or
ses to use to perform any portion of the Work. Additional copies of this fc
quired to accommodate the Contractor's decision to use more th
form must be submitted as a part of the Bidder's sealed bid. Failure to
ct information may result in rejection of the bid as non-responsive. Excep
low the Bidder certifies that no Owner Operator/Lessor will be allowed to
ork. The Bidder further certifies that no changes in the Owner Operato
de except upon the prior approval of the Engineer. Provide a separate E
r/Lessor. See section 1-2 of the Special Provisions for definition oi
c
ir/oul Full Owner OpetatoriLessor Name:
Complete Address:
Street
City State Zip
Telephone Number plus Area Code: ( 1 -
City of Carlsbad Business License No.: P OWNER OPERATOWLESSOR WORK ITEMS
Explanation:
Column I - Bid Ifem No. from the bid proposal, pages 7-10.
Column 2 - The Idollar amount of the item to be performed by the subcontractor.
Column 3 - The bollar 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 amowit of Columns 2, 3, and 4 must be equal to the dollar amount in the bid prict
item on bid propbsal pages 7-10.
Page of pages of this form
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BIDDERS STATEMENT OF FINANCIAL RESPONSlBlLlT
I (To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets I
submitted under separate cover marked CONFIDENTIAL.
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W,O,* Contract No. 351 1 Page 2
Mailing Address: P. 0. Box 61 0, Sun City, CA 92586-0610
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
BALANCE SHEET
DECEMBER 31,1997
i/' -
1 (Unaudited)
ASSETS
Current Assets:
Cash in Bank $54,090.53
Project Receivables - Billed (Note 5) 5 1 6,129.04
Project Receivables Unbilled (Note 5) 218,198.84 '
Employee Advancqs 2,900.00
Income Taxes Refqnds Receivable 3 1,424.00
Overpaid Employet Garnishments 17.78
Deposits 1,266.00
Total Current Assets $82L
Fixed Assets:
Land $29,703.4 1
Building 80,066.96
Furniture & Fixturds 5,437.16
Equipment 30,777.25
Trucks & Automop 65,091.00
Accumulated Depr ciation (Note 3) -42,341.98
Net Fixed Assets 168
(@ Other Assets:
Loans to Shareholders (Note 7) 84
Total Assets $1,075 -
Current Liabilities:
Accounts Payable Note 8) $266,139.79
Project Receivable{ - Billed in Advance (Note 5) 18,791.05
Payroll Taxes Payaple 12,071.67
Worker's Comp. P4yable 22,034.39
Deferred Income Tbxes (Note 2) 134,349.00
Total Current Liabilities $453
Long-Term Liabilities1
Line of Credit (Notk 8) 95,
Equity:
Common Stock $l,pOO Stated Value, 50,000 authorized,
Retained Earnings 509,040.63
20 Shares issued (Note 6) $20,000.00
Total Equity 529
$1,077 @ TOTAL LImmITm$ & SmmmxmR's EQUITY
THE ACCOMPANYING LETTER AND NOTES ARE AN INTEGRAL PART OF THIS STATEMENT
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF.
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
STATEMENT OF INCOME AND RETAINED EARNINGS
DECEMBER 31,1997
(Unaudited)
Income:
Construction Income $3,12
Cost of Sales:
Subcontractors $721,762.65
Materials & Supplies 948,726.58
Wages 584,491.64
Equipment Rental 19 1,350.6 1
Bond Expense 30,294.14
Misc. Job Expense$ 52,575.97
Total Cost of Sales 2,52!
Gross Profit $59
Other Non-Job Relbted Income 14
Total Income $60:
General and Adminisjrative Expenses:
Accounting & Legtl $7,338.74
Advertising 260.00
Auto Expense 11,768.08
Bank Charges 1,423.50
3,317.70
1,643.12
Credit Card Fees 408.71
Depreciation (Note1 3) 21,496.98
Employee Benefits 1,800.00
Equipment Rental $om Shareholder (Note?') 60,000.00
Insurance 46,675.06
Interest Expense 3,003.09
Licenses and Pedts 394.50
6,977.96 Lot Rent
Miscellaneous 4,008.32
Miscellaneous Cloded Job Expenses 10,869.35
Office Expense 10,680.41
Payroll Taxes 65,098.16
1,316.25 Promotional
Repairs 7,039.36
Property Taxes 2,852.28
Telephone 13,311.43
Tools 1,727.20
Travel & Entertahqnent 1,711.47
Utilities 2,400.55
84,475.1 1 Office Wages
Warranty Work 6,216.09
Worker's Compensbtion 21,898.68
Penalties 1,508.68
@ Bid Packages
Consulting
:@
THE ACCOMPANYING LElTER AND NOTES ARE AN INTEGRAL PART OF THIS STATEMENT
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF.
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
STATEMENT OF INCOME AND RETAINED EARNINGS
DECEMBER 31,1997
t Total Expenses -
Income from Operations $'
Less: Provision for Federal Income Taxes
Less: Provision for California Income Taxes -
Net Income after T4xes $:
Retained Earnings, Oecember 3 1,1996 -
$! - RETAINED EA.R"GS, DECEMBER 31,1997 -
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THE ACCOMPANYING LETTER AND NOTES ARE AN INTEGRAL PART OF THIS STATEMEN'
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF.
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I BIDDERS STATEMENT OF
' TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is equired to state what work of a similar character to that included in the p
Contract he/sh i has successfully performed and give references, with telephone numbers, H
enable the City /to judge hidher responsibility, experience and skill. An attachment can be us
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BIDDER’S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS’ COMPENSATION
GENENL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMO1 a
(To Accompany Proposal)
As a required part of the Bidder‘s proposal the Bidder must attach either of the following to th
I. 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, a payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insur
Comprehensive General Liability, Employer’s Liability, Automobile Liability and
Compensation in conformance with the requirements herein and Certificates of insuranc
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policie:
to meet the specification of this contract must: (1) meet the conditions stated in The Noticr
Bids, the Standard Specifications for Public Works Construction and the Special Provision5
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle
the performanae of the contract, used onsite or offsite, whether owned, non-owned or hi
whether scheduled or non-scheduled. The auto insurance certificate must state the covera
“any auto” and cannot be limited in any manner.
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WAIVER OF SUBROGATION CLAUSE a
IN THE EVENT OF ANY PAYMENT UNDER THIS POLICY, THE COMPANY AGREES TO
WAIVE ITS RIGHT$ UNDER THE SUBROGATION CONDITIONS AGAINST ANY PERSON1
OR ORGANIZATION(S) LISTED BELOW. THIS WAIVER SHALL APPLY ONLY TO THE
EXTENT REQUIREP OF THE INSURED BY THE WRITTEN CONTRACT EXECUTED BEFC
A LOSS. THIS WAIVER SHALL NOT OPERATE TO BENEFIT EITHER DIRECTLY OR
INDIRECTLY ANY OTHER PERSON OR ORGANIZATION.
SCHEDULE
Re: CITY O'F CARLSBAD, ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS
JOB: BEACH ACCESS STAIR RECONSTRUCTION PROJECT 83511
0
AUTHORIZED REF~~SENTA' ,
POLICY NO. ISSUED TO: DATE
WCC 17 5 22 18 16 SEAN MALEK ENGINEERING & CONSTRUCTION INC. 05/18/98
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POLICY NUMBER: C175221850 COMMERCIAL AUTO
THIS 8NDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
1 ADDITIONAL INSURED - OWNERS, LESSORS
OR CONTRACTORS
This endorseqent modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I
SCHEDULE
NAME OF PERSON OR ORGANIZATION (ADDITIONAL INSURED):
CITY OF CABLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS
Who is an insured, Section I1 - Liability Coverage, is amended to include as an “insured” the persons
or organizatign shown in the Schedule, but only with respect to liability arising out of an auto
accident and occurring while operations are being performed for them by the “insured” and
occurring while a COVERED AUTO is being driven by the “insured” or one of the “insured”
employees.
COVERED 4UTOS (Section I) is amended, but only as respects the persons or organization shown
in the schedule, to symbol 2 - OWNED AUTOS ONLY.
Coverage proyided by this endorsement applies only to the Liability Coverage. However, this
endorsement boes not extend coverage to the “insured” for any bodily injury to the “insured”
employees, ndr for property damage to the “insured” property.
All other ter~s and conditions of the policy remain unchanged.
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I BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bi
another jurisdickion in the State of California?
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Yes no
2. If yes, whdt wadwere the name(s) of the agency(ies) and what wadwere the peri
debarment(s)? i Attach additional copies of this page to accommodate more than two debarm
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I I party debarred 1 party debarred
I I agency agency
I period of debarment period of debarment
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BY CONTRACTOR:
CnhAo-
Scm rna~e~zadch 1 Pr5; dCpS
(print hame/titIe)
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W/O8/9* Contract No. 351 1 Page
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BI~DER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are/ required by law to be licensed and regulated by the Contractors’ State I
Board which hab jurisdiction to investigate complaints against contractors if a complaint reg; patent act or okission is filed within four years of the date of the alleged violation. A cc
regarding a late t act or omission pertaining to structural defects must be filed within 10 year
date of the all ged violation. Any questions concerning a contractor may be referred
1. Have you eGer had your contractor’s license suspended or revoked by the California Coni
State license Bdard two or more times within an eight year period?
I.
Registrar, Cont f gctors’ State License board, P.O. Box 26000, Sacramento, California 95826.
I x
Yes no
2. Has the susbension or revocation of your contractors license ever been stayed?
z Yes no
3. Have any s bcontractors that you propose to perform any portion of the Work ever h
contractor’s lice K se suspended or revoked by the California Contractors’ State license Boarc
more times within an eight year period?
f
Yes no
4. Has the su pension or revocation of the license of any subcontractor’s that you pro
perform any PO ion of the Work ever been stayed?
A-
no
If;
Yes
5. If the answer to either of I. or 3. above is yes fully identify, in each and every case, tt disciplined, the /date of and violation that the disciplinary action pertain to, describe the natur
violation and th$ disciplinary action taken therefor.
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(Attach additiodal sheets if necessary) ,
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WIO8198 Contract No. 351 1 Page
1
B BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTl N U E D)
(To Accompany Proposal)
6. If the answqr to either of 2. or 4. above is yes fully identify, in each and every case, tl
who's disciplinq was stayed, the date of the violation that the disciplinary action pertains to, (
the nature of th$ violation and the condition (if any) upon which the disciplinary action was s
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BY CONTRACROR:
Seam hs~;e(~ad.-C\^ , p Y 4%; de& I (piint name/title) '
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of Califorvia )
county of fL\~ev%i & )
) ss.
I.
skYk.qb-
(Name of Bidder)
, being first duly sworn, depos
and says that hp or she is Pres;d
(Title)
of b, I'ndkeEc eh-&.&hj\ 4 G,~sb~-+-
I c~ (Nameowrm)
the party making the foregoing bid that the bid is not made in the interest of, or on behal
undisclosed pelrson, partnership, company, association, organization, or corporation; that ti
genuine and n4t collusive or sham; that the bidder has not directly or indirectly induced or
any other bidd r to put in a false or sham bid, and has not directly or indirectly colluded, cc
connived, or a d reed with any bidder or anyone else to put in a sham bid, or that anyone sha
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr
communicationi, or conference with anyone to fix the bid price of the bidder or any other bidc
fix any overheqd, profit, or cost element of the bid price, or of that of any other bidder, or tc
any advantagel against the public body awarding the contract of anyone interested in the p
contract; that gll statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
or divulged inf rmation or data relative thereto, or paid, and will not pay, any fee to any cor
partnership, co dm pany association, organization, bid depository, or to any member or agent t
effectuate a collusive or sham bid.
and correct and that this affic
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Subscribed and sworn to before me on the /b * day of /'lS> n'l I
(NOTARY SEAL)
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, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFC CROSBY INSURANCE, INC! ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX1 ALTER THE COVERAGE AFFORDED BY THE POLlClE
ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
SUBJECT TO ALL THE TERMS,
INCLUDING BUT NOT LIMITED
C175221850
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON-OWNED AUTOS
NO COVERAGE PR&VIDED
UMBRELLA FORM
WCC175221833
C175221816 MAXIMUM
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL m
3o* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAR CITY OF CARLSBAD DICK COOK
ENGINEERING D' PARTMENT
1200 CarlsbaJVillage Drive Carlsbad CA 9p008
CHRISTOPHER H
I E!!!-%.-*
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSE ME^
m
This endorsement mbdifies insurance provided under the bibwing:
COMMERCIAL GENERAL LlABlLlN COVERAGE PART
A. WHO IS AN INSURED (Section It) is amended to include as an insured any person or organizadon (called additional insured) whom you are required to add as an additional insured on this policy under:
a. 'Bodily injury" or 'property damage' after:
(1) ?.I1 work on the project (other th; maintenance or repairs) to be per
or on behalf of the additional ins! site of the covered operations completed; or
(2) That portion of "your works out a injury or damage arises has bee
intended use by any person or a other than another conti the written or oral. contract or agreement must be:
1. Currently in effect or becoming effective during subcontractor engaged in
the term of this policy: and operations for a principal as I same project. 2. Executed phor to the 'bodily injury", 'proparty damage", !personal injury" or 'advertising b. 'Bodily injury" or 'property damage" ar
injury". ads or omissions of the additior other than in connection with U supervision of 'your work'. limited as followb: 4. The insurance provided to the additior 1. That pendn or organization is only an does not apply to 'bodily injury", 'propefi additional inbred with respect to liability arising personal injury", or 'advertising injury'
of an architect's, engineer's, or surveyor' out of:
of or failure to render any profession' including: a. Your premises:
b. 'Your work" for that additional insured; or a. The preparing, approving, or failing c. Acts or omissions of the additional insured or approve maps, drawings, opinioi in ann don with the general supenrision surveys, change orders, dl
specifications; and
services.
1. A written contract or agreement; or
2. An oral c ntract or agreement where a
organization1 as an adddona1 insured has baen
issued;but ,
certificate o i" insurance showing that person or
B. The insurance plbvided to the additional insured is
of 'your P work".
2. The Limits; of Insurance applicable to the b. Supervisory. inspection, or additional ibsured are those specified in the written cor)tract or agreement or in the
These Limitis of Insurance are inclusive and not in addition \o the Limits of Insurance shown in the Declarations.
3. Except when1 required by contract or agreement,
the coverage provided to the additional insured
by this enddrsement does not apply to:
Declaration$ for this policy, *it&ver is less. 5. Any coverage provided undef' this endc an additional insured shall be exces! other valid and collectible insurance i the additional insured whether prima contingent or on any other basis unles! specifically requires that this insurance t
a
G-39543-0
- ---_
CONTRACT e PUBLIC WORKS
This agreemeqt is made this 8th day of June , 1998 I between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and ENGINEERING AND CONSTRUCTION whose principal place of business SEAN WALEK
(he 3772 BRENNAN AVENUE, PERRIS, CALIFORNIA
called "Contractor").
City and Contractor agree as follows:
I. Description of Work. Contractor shall perform all work specified in the Contract do
for:
BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 351 1
(herein after ca I I ed "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materia
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice lnvit
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation 01 Operator/Lessars, Bidder's Statements of Financial Responsibility, Technical Ability and EXF
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI:
Specifications, the Special Provisions, addendum@) to said Plans and Specifications and
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans anid Specifications, and all bonds for the project; all of which are incorporated t-
this reference.
Contractor, heti/his subcontractors, and materials suppliers shall provide and install the
indicated, spec'ified, and implied by the Contract Documents. Any items of work not indi
specified, but Which are essential to the completion of the work, shall be provided at the Cor
expense to fulfill the intent of said documents. In all instances through the life of the Con1
City will be the iinterpreter of the intent of the Contract Documents, and the City's decision rc
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and r
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 Conti
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specificz Public Works Qonstruction (SSPWC) 1997 Edition hereinafter designated "SSPWC, as iz
the Southern California Chapter of the American Public Works Association, and as amende
Special Provisions section of this contract. The Engineer will close the estimate of work cc for progress pavments on the last working day of each month.
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Vi /oa/ga Contract No. 351 1 Page
5. Independknt Investigation. Contractor has made an independent investigatior jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progre! work, and is aware of those conditions. The Contract price includes payment for all work t
be done by Contractor, whether anticipated or not, in order to overcome underground con
Any information that may have been furnished to Contractor by City about underground cc or other job conditions is for Contractor's convenience only, and City does not warrant conditions are as thus indicated. Contractor is satisfied with all job conditions, including undc conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions, If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac 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 hazardou as defined in section 251 17 of the Health and Safety Code, that is required to be removed to 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 fro indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as in1 work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially : or do involve hazardous waste, and cause a decrease or increase in contractor's costs o time required fior, performance of any part of the work shall issue a change order ur procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions rr differ, or involve hazardous waste, or cause a decrease or increase in the contractor's ca time required for, performance of any part of the work, contractor shall not be excused fi scheduled completion date provided for by the contract, but shall proceed with all WOI performed under the contract. Contractor shall retain any and all rights provided either by co
by law which pertain to the resolution of disputes and protests between the contracting partie
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requi of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c and will comply with these requirements, including, but not limited to, verifying the eligi employment of all agents, employees, subcontractors, and consultants that are include( Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depar Industrial Relatiions has determined the general prevailing rate of per diem wages in accorda California Labor Code, section 1773 and a copy of a schedule of said general prevailing wa is on file in the office of the City Engineer, and is incorporated by reference herein. Pur California Labor Code, section 1775, Contractor shall psy prevailing wages. Contractor SI copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defe
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
injury and liability of every kind, nature and description, directly or indirectly arising frc
connection with the performance of the Contract or work; or from any failure or alleged
Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever the Si
be caused, resulting directly or indirectly from the nature of the work covered by the Contrac
for loss or damage caused by the sole or active negligence or willful misconduct of the C
expenses of defense include all costs and expenses including attorneys' fees for
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awai
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
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 it
against claims for injuries to persons or damage to property which may arise from or in cc
with the performance of the work hereunder by the Contractor, his or her agents, represc
employees or wbcontractors. Said insurance shall meet the City's policy for insurance as
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimi
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a
aggregate in the amounts specified shall be established for the risks for which the City or it
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f
injury and pro,perty damage. In addition, the auto policy must cover any vehicle use
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
scheduled or non-scheduled. The auto insurance certificate must state the coverage is
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability insurance: Workers' compensat
as required by the Labor Code of the State of California and Employers' Liability limits of $1
per incident. Workers' compensation offered by the State Compensation Insurance
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requirl
this agreement contain, or are endorsed to contain, the following provisions. General
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional in
respects: liability arising out of activities performed by or on behalf of the Contractor; proc
completed operations of the contractor; premises owned, leased, hired or borrowec
contractor. The coverage shall contain no special limitations on the scope of protection af
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for each
affording general liability, employers' liability and auto liability coverage.
4-
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~?1,08,98 Contract No. 351 1 Page
b. The Contractor's insurance coverage shall be primary insurance as respects the
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and I
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each
against whom claim is made or suit is brought, except with respect to the limits of the
liability.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made'' basis, cover:
be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be E
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or rec
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sel
retention levels must be declared to and approved by the City. At the option of the City, eil
insurer shall reduce or eliminate such deductibles or self-insured retention levels as resF
City, its officials and employees; or the contractor shall procure a bond guaranteeing pa!
losses and related investigation, claim administration and defense expenses.
(F) Waiver OP Subrogation. All policies of insurance required under this agreement shall ( waiver of all rights of subrogation the insurer may have or may acquire against the City or :
officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its pc
shall furnish separate certificates and endorsements for each subcontractor. Cover;
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating
Key Rating Gyide of at least A-:V. Insurers must also be authorized to transact the bus
insurance by the State of California Insurance Commissioner as admitted carriers as eviden
listing in the official publication of the Department of Insurance of the State of California and/
the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurz
original endorsements affecting coverage required by this clause. The certifica
endorsements for each insurance policy are to be signed by a person authorized by that ii
bind coverage on its behalf. The certificates and endorsements are to be in forms approve
City and are to be received and approved by the City before the Contract is executed by the
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid.
/I)
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11. Claims apd Lawsuits. All claims by contractor for $375,000 or less shall be res
accordance wit the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, A
(commencing E ith section 20104) which are incorporated by reference. A copy of Articl
included in thcj Special Provisions I section. The contractor shall initially submit all clai
$375,000 to thg City using the informal dispute resolution process described in Public Contr:
subsections 2011 04.2(a), (c), (d). Notwithstanding the provisions of this section of the con
claims shall cdmply with the Government Tort Claim Act (section 900 et seq., of the C
Government Code) for any claim or cause of action for money or damages prior to filing an
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement and not in ani
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, ii considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly s
false claim to a public entity. These provisions include false claims made with deliberate ignc
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 tl
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 fa1
may subject the Contractor to an administrative debarment proceeding wherein the Contra1
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 C 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referer
(G) Debarmerlt from Other Jurisdictions. Contractor hereby acknowledges that debar
another jurisdidtion is grounds for the City of Carlsbad to disqualify the Contractor or subcc
from participatifig in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenaince of Records. Contractor shall maintain and make available at no co
City, upon reqyest, records in accordance with sections 1776 and 1812 of Part 7, Chapter
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princil
of business as specified above, Contractor shall so inform the City by certified letter accon
the return of this Contract. Contractor shall notify the City by certified mail of any change of
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing witt-
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 su
for any monies withheld by the City to secure performance of this contract for any o
established by this contract. Any other security that is mutually agreed to by the Contractor
City may be substituted for monies withheld to ensure performance under this Contract.
4-m rr@ 1 108198 Contract No. 351 1 Page
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L (Initial)
II)
15. Provisions Required by Law Deemed inserted. Each and every provision of
clause required by law to be inserted in this Contract shall be deemed to be inserted he
included herein, and if, through mistake or otherwise, any such provision is not inserted,
correctly inserted, then upon application of either party, the Contract shall forthwith be p
amended to make such insertion or correction.
16. Addition31 Provisions. Any additional provisions of this agreement are set forl
"General Provi$ions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL RCKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES Ml
ATTACHED
I)
(CORPORATE SEAL)
CONTRACTOR:
0
stant City C
SEAN MALEKZADEH, SECRETARY
(priint name and title)
President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
ew r.$ 1/08/98 Contract No. 351 1 Page
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a
CALIFORNIA ~LL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside !ss.
On May 18, 1998 , before me, Retha Sue Huffman, Notary Public, personally
appeared Seqn Malekzadeh , personally known to me, to be the person whose na
is subscribed to the within instrument and acknowledged to me that he executed tt-
same in his adthorized capacity, and that by his signature on the instrument the
person, or thelentity upon behalf of which the person acted, executed the instrumei
WITNESS my hand and official seal.
___---______-----___--------------------------------------------------------.
OPTIONAL
Though the information below is not required by law, d may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Contract - Public Works No. 351 1
Document Date: None Number of Pages: 76
Signer(s) Other Than Named Above: No other signer notarized
Capacity(ies) Glaimed by Signer
Signer’s Name: Sean Malekzadeh
0 Individual
BJCorporate Officer, Title(s): President, Secretary, Treasurer
OPartner - OLiqnited OGeneral
DAttorney in Fbct
OTrustee
DGuardian or Conservator
Dother:
Signer is Representing: Sean Malek Enqineering and Construction
FROM : Malek Eng. Fi Const. INC. PHONE NO. : 9899432548 May. 18 1998 1O:l
BOND NO.: 5874552
PREMIUM INCLUDED ON
PERFORMANCE BOND LABOR AND MATERIALS BOND @m
WHEREAS, the City Council of the City of Cadsbad, State of California, by Resf
NO. 98-140 j , adopted MAY 12, 1998 , has awam
(hereinafter dqsignated as the "PtincipaP), a Contract for:
SEAN MALFK ENGINEERING AND CONSTRUCTION, INC.
I BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 351 I
in the City of arisbad, in strict conformity with the drawings and specifications, and other Cc Documents n w on file in the Office of the (3% Clerk of the City of Carlsbad and all of whic
WHEREAS, qrincipal has executed or is about to execute said Contract and the terms tt.
require the furnishing of a bond, providing hat if Principal or any of their subcontractors shall
pay for any m erials, provisions, provender or other supplies or teams used in, upon or aboi performance t f the work agreed to be done, or for any work or labor done thereon of any kin(
Surety on this bond will pay the same to the extent hereinafter set forth.
incorporated f erein by this reference, I
NOW, THEREFORE, WE, SEAN MALEK ENCINEERINC AND CONSTRUCTION, IN(
I as Principal, (dereinafter designated as ~e "Contractor). and FIRST NATIONAL INSURA
as Surety, arelheld firmly bound unto the City of Carlsbad in the sum of FORTY FIVE THC,
Dol
($ 45,733.50 I ), said sum being lifty percent (50%) of the estimated amount payab
the City of Cadsbad under the terms of the Contract, for which payment well and truly to be mad
bind ourselvesl our heirs, executors and administrators, successors. or assigns, jointly and seve firmly by these jpresents.
THE CONDITION OF THIS OBLIGATION IS SUCH hat if the person or hisher subcontractors 1 pay for any m terials, provisions, provender, supplies, or teams ussd in, upon, for, or abou
performance Q 1 the work contraded to be! done, or for any other work or labor thereon of any kin
for amounts dye under the Unemployment Insurance Code with respect to such work or labor, c
any amounts quired to be deducted, withheld. and paid over to the Employment Developi Department fr rn the wages of employees of the contractor and subcontracfors pursuant io se
13020 of the U 4" employment Insurance Code with respect to such work and labor that the Suret] pay for the sa*, not to exceed the sum specified in the bond, and, also, in case suit is brought I
the bond, cos and reasonable expenses and fees, including reasonable attorney's fees, to be by the court, a 3 required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled t claims under 4 ftle 15 of Part 4 of Division 3 of the Civii Code (commencing with section 3082).
COMPANY OF AMERICA
SEVEN HUkDRED THIRTY THREE AND 50/100----------------------------
e
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Gf,cJ8,98 Canttact No. 351 1 Page 34 of
1
1
I
+-
County of San Bernardino
On MAY 19, 1998 ,beforeme, CLAUDETTE N. MARTIN, NOTARY PUgLI Nw and l%b d olffer (e Q.. ‘Jan Doe. Notary PubkT
Nune(8) d slpner(s)
T8 personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personp) whose name&) isB& subscribed to the within instrument and acknowledged to me that hdmw executed
the same in hisMRW authorized
capacity(i%s), and that by his-
signature@) on the instrument the person@, or
the entity upon behalf of which the person@)
acted, executed the instrument.
Place Notary seal Above
Descriptiqn of Attached Document
Title or Typb of Document: LABOR AND MATERIAL BOND
Document Pate: MAY 19 t
Signer(s) @her Than Named Above: NONE
2 Number of Pages: 1998
Capacity (ies) Claimed by Signer
~i~~~~’~ N+~~: DWIGHT REILLY-------------------------
0 Partnet! - 0 Limited 0 General
0 Guardibn or Conservator
-- ,. c-
0
a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside Iss.
On Mav 21, 1998 , before me, Retha Sue Huffman, Notary Public, personally
appeared Sean Malekzadeh , personally known to me, to be the person whose na
is subscribed to the within instrument and acknowledged to me that he executed tt
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrume
............................................................................
OPTIONAL
Though the information below IS not required by law, It may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Labor and Materials Bond
Document Date: Mav 19, 1998 Number of Pages: 2
Signer(s) Other Than Named Above: No other siqner notarized
Capacity(ies) Claimed by Signer
Signer’s Name: Sean Malekzadeh
0 Individual
morporate Officer, Title(s): President, Secretary, Treasurer
OPartner - OLimited UGeneral
OAttorney in Fact
OTrustee
OGuardian or Conservator
OOther:
Signer is Representing: Sean Malek Enqineerinq and Construction
FROM : Malek Eng. 8 Const. INC. PHONE NO. : 9099432548 May. 18 1998 10:K
BOND NO.: 5874552
PREMIUM : $1,317.00 a FAITHFUL PERFORMANCENVARRANTY BOND
A+-*
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resc
No. 98-140 , adopted MAY 12, 1998 , has award
, (herein SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
designated as the "Prindpal"), a Conlract for:
BEACH ACCESS STAR RECONSTRUCTION
CONTRACT NO. 3511
in the City of Carlsbad, in strict conformity with the contract, the drawings and specfications other Contract Documents now on file in the Office af ihe City Clerk of the City of Carlsbad, which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms tt
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFOE,WE,
(hereinafter designated as the "Contractor"), and FIRST NATIONAL INSURANCE
SEAN MALEK ENGINEERING AND CONSTRUCTl$#pH(
m.. COMPANY OF AMERICA , as Surety. are held and firmly bound unto the Ci of Carl!
), said sum being eq
=hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its c
attorney, its successors and assigns; for which payment, well and truly to be made, we
ourselves, our heirs, executors and administrators, successors or assigns, jointty and sevi
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH hat if the above bounden Contractor, their executors, administrators, succ6ssors or assigns, shall in all things stand to and abide by, an and truly keep and perform the covenants, conditions, and agreements in the Contract ani alteration thereof made as therein provided on their part, to be kept and performed at the time i the manner therein specified, and in all respects according to their true intent and meaning, anc
indemnify and save harmless the City of CarIsbad, its officers, employees and agents. as tt stipulated, then this obligation shall become null and void; othetwise it shall remain in full forc effect
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
shall be included costs and reasonable expenses and fees, including reasonable attorney's
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and inch
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the ter
the Contract, or to the work to be performed thereunder or the specifications accompanyir
same shall affect its obligations on this bond, and it does hereby waive notice of any ct extension of time, alterations or addition to the terms of the contract or to the work or 1 specifications.
a,,o8,98 Cantract No- 351 1 Page 35
in the sum of NINETY ONE THOUSAND FOUR HUNDRED SIXTY SEVEN AND Dollars ($9 1 I 467.00 No/JQO-----------------------------
e.'
FROM : Malek Enq. & Const. INC. PHONE NO. : 9099432548 May. 18 1998 10:12
eY In the event that Contractor is an individual, it is agreed that tho death of any such Contrador
not exonerate the Surety from its obligations under this bond-
Executed by CONTRACTOR this 2 1 st Executed by SUREW this 19TH da1
~ , l@.~.,.: . day Of May ,19=. MAY
CONTRACTOR: SEAN MALEK SURETY: FIRST NATIONAL
ENGINEERING AND CONSTRUCTION, INSURANCE COMPANY OF AMERICA
_....I"... . (name of Surety)
4 HUTTON CENTRE, #250B/ SANTP
(address of Surety)
(telephone numbqof Surety) Sean Malekzadeh 714-437-3047
(print name here)
President By: &>- -
(signature of Attorney-in-Fact)
DWIGHT REILLY
(printed name of Attorney-in-Fad)
Sean Malekzadeh (Attach corporate resolution showing CI
Secretary
(print name here)
(Title and Organization of signatory)
power of attorney.)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. I
one officer signs. the corporation must attach a resolution certified by the secretary or ass secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
e
@s-
w1/0*/9* Contract No. 353 -l Page 37
<,
0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SAN BERNARDINO
on MAY lgI 1998 ,beforeme,CLAUDETTE N. MARTIN, NOTARY PUBLIC 1
Date Name end THte 0) OMeer (e g . =lane Doe, Notary Public”)
personally appeared DWIGHT RE ILLY---------------------‘--”-’------- , Name@) of Signer(s)
El personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(2C) whose nameb) is/&%
subscribed to the within instrument and
acknowledged to me that he/&Wg executed
the same in his/- authorized
capacity(i&, band that by hisMc&)gix
Place Notary Seal Above
a
CLAUDETTE N. MARTIN
0 P TI0 NA L
Though the tnformation below is not required by law, /t may prove valuable to )elsons relying on the document
and could prevent fraudulent removal and reaffachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: MAY 19 I 1998 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
0 Corporate Officer - Title(s)
0 Partner - 0 Limited 0 General
KJ Attorney in Fact
0 Guardian or Conservator
PERFORMANCE BOND
NoNE
signer’s N~~~. DW 1 G HT RE 1 L L y- - - - -- - - - -- - ---- - -- - - - - --
cT&--w
0
0 1997 Nalional Notary Association * 9350 De Solo Ave , PO Box 2402 * Chatsworih CA 91313-2402 Prod NO 5907 Reorder Call Toll-Free 1-800-8
a
a
0
CALIFORNIA ALL-PU RPOSE ACKNOWLEDGM ENT
State of California
County of Riverside !ss.
On Mav 21, 1998 , before me, Retha Sue Huffman, Notary Public, personally
appeared Sean Malekzadeh , personally known to me, to be the person whose na
is subscribed to the within instrument and acknowledged to me that he executed tt-
same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrumei
WITNESS my hand and official seal.
____________________---------------------------------------------------------
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful PerFormance/Warrantv Bond
Document Date: Mav 19, 1998 Number of Pages: 2
Signer(s) Other Than Named Above: No other signer notarized
Capacity(ies) Claimed by Signer
Signer’s Name: Sean Malekzadeh
Individual
morporate Officer, Title(s): President, Secretarv, Treasurer
OPartner - OLimited OGeneral
OAttorney in Fact
OTrustee
OGuardian or Conservator
OOther:
Signer is Representing: Sean Malek Enaineerina and Construction
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 Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the YES NO x ownership, operation and control of the business, in accordance with the specific definitions listed below is:
Are you currently certified by CALTRANS?
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION IS):
Mark all applicable blanks. This offeror repres part of this offer that:
This firm is-, is notz a minority bushes5 This firm is-, is notL a woman-owned bl
WOMAN-OWNED BUSINESS: A woman-owl ness is a business of which at least 51 p owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE: DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: "Minority GENERAL CONTRACTOR 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 CONSTRUCTloN CoNTRACToR: 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
Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS IoD. No. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
@
CLASSIFICATIoN(S): A&B
LICENSE NUMBER: 535009
Americans (i.e., U.S. Citizens whose origins are from 33-0254375
SEAN MALEK ENG AND CONSTRUCTION
c?flf%l&%bN AVENUE
%?f%?$ CA 92571
CITY S ATE AND ZIP (9091943-2548
TELEPHONE NUMBER DATE
ew
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~S,,,,, Contract No. 351 1 Page
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION 0 This Escrow Agreement is made and entered into by and between the City of Carlsbac
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Cit
whose add
hereinafte
"Contractor" and whose add
hen
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc
I. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Ci
the contractor has the option to deposit securities with the Escrow Agent as a substitute for I
earnings required to be withheld by the City pursuant to the Construction Contract ente
between the City and Contractor for BEACH ACCESS STAIR RECONSTRUCTION, COP
referred to as the "Contract"). Alternatively, on written request of the contractor, the City sh
payments of the retention earnings directly to the escrow agent. When the Contractor dep
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omiz
the escrow agent in connection with the handling of retentions under these sections in an am
less than $100,000 per contract. The market value of the securities at the time of the sut
shall be a least equal to the cash amount then required to be withheld as retention under tl
of the contract between the City and Contractor. Securities shall be held in the nami , and shall designate the Contractor as the b
owner.
2, The City shall make progress payments to the Contractor for such funds which otherwk
be withheld from progress payments pursuant to the Contract provisions, provided that the
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
agent shall hold them for the benefit of the contractor until such time as the escrow creatc
this contract is terminated. The contractor may direct the investment of the payments into s
All terms and conditions of this agreement and the rights and responsibilities of the parties
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 tht
Agent in administering the Escrow Account and all expenses of the City. These exper
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrov
interest earned on that interest shall be for the sole account of Contractor and shall be s
withdrawal by Contractor at any time and from time to time without notice to the City.
NO. 3511 in the amount of dated (he
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow, only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contracti
7. The City shall have a right to draw upon the securities in the event of default by the Con
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escro! shall immediately convert the securities to cash and shall distribute the cash as instructec
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c
and that the Contractor has complied with all requirements and procedures applicabk Contract, the Escrow Agent shall release to Contractor all securities and interest on depc escrow fees and charges of the Escrow Account. The escrow shall be closed immediatc 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 F to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Agent harmless from Escrow Agent's release, conversion and disbursement of the securi interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive writtc on behalf of the City and on behalf of Contractor in connection with the foregoing, and exer their respective signatures are as follows:
For City: Title
II)
Name
Signature
Address e
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrc
a fully executed counterpart of this Agreement.
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~Sl,O8,98 Contract No. 351 1 Page
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer:
date first set forth above.
For City: Title
rl)
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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SPECIAL PROVISIONS
FOR
BEACH ACCESS STAIR RECONSTRUCTION
CONTRACT NO. 351 I
SUPPLEMENTAL PROVISIONS TO
a
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBc
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sch
or words of similar import are used, it shall be understood that reference is made to tt
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar irr
used, it shall be understood that the direction, designation or selection of the Engineer is ii
unless stated otherwise. The word "required" and words of similar import shall be under
mean "as required to properly complete the work as required and as approved by the Er
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i
words of similar import are used, it shall be understood such words are followed by the ex
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ai
"acceptance", or words of similar import are used, it shall be understood that the i
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractc
expense, shall perform all operations, labor, tools and equipment, and further, inch
furnishing and installing of materials that are indicated, specified or required to mean
Contractor, at its expense, shall furnish and install the work, complete in place and read!
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 ex
defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative
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aS 1108198 Contract No. 351 1 Page
Dispute Board - persons designated by the City Manager to hear and advise the City Mar
claims submitted by the Contractor. The City Manager is the last appeal level for informal
resolution.
Engineer - the City Engineer of the City of Carlsbad or hisher approved representative. -
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
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ai
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, St
Federal income taxes paid and administered, as applicable, by the Contractor. When
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns c
and uses to accomplish the Work. Equipment that is owner operated or leased equipmen
operator is not part of the Contractor‘s Own Organization and will not be included for the PL
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
who is employed by neither the Contractor nor a subcontractor and is neither an agent or e
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of a1
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract admir
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal foi
dispute resolution.
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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
the Contractor to complete 50 percent of the contract price with its own organization, the
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 p
the value of the work performed in excess of 50 percent of the contract price by other
Contractor’s own organization. The City Council shall be the sole body for determinai
violation of these provisions. In any proceedings under this section, the prime contractor
entitled to a public hearing before the City Council and shall be notified ten (IO) days in ac
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first F
having to do with a surety being listed in the latest revision of U.S. Department of Treasur
570.
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Modify Paragraphs three and four to read: The Contractor shall provide a
performance/warranty bond and payment bond (labor and materials bond) for this contra(
faithful performancehvarranty bond shall be in the amount of 100 percent of the contract pi
the payment bond shall be in the amount of 50 percent of the contract price. Both bonc
extend in full force and effect and be retained by the Agency during this project until tl
released according to the provisions of this section.
The faithful performancehvarranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the o
warranty period and until all warranty repairs are completed to the satisfaction of the Engineei
The payment bond shall be released six months plus 30 days after recordation of the N
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admit
authorized to transact the business of insurance in California and whose assets excec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws,
2) A certified copy of the certificate of authority of the insurer issued by the insurance commi:
If the bid is accepted, the Agency may require a financial statement of the assets and liabilitit
insurer at the end of the quarter calendar year prior to 30 days next preceding the dab
execution of the bond. The financial statement shall be made by an officer's certificate as dc
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statem
be verified by the oath of the principal officer or manager residing within the United States.
8
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the 5
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter de!
"SSPWC", as issued by the Southern California Chapter of the American Public Works Ass
and as amended by the Special Provisions section of this contract.
The construction plans consist of one (1) sets. This set is designated as City of Carlsbad
No. 360-4 and consists of 4 sheets, Project No. 351 1. The standard drawings used for thi:
are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter de
SDRS, as issued by the San Diego County Department of Public Works, together with thi
Carlsbad Supplemental Standard Drawings.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS spec
are used to modify the SSPWC or added to the SSPWC by any of the contract docurr
CALTRANS specifications shall have precedence only to the materials and construction I
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Work
of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section
the SSPWC shall prevail over the CALTRANS specifications.
2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop t
shall bear the Contractor's certification that he has reviewed, checked, and approved t
Drawings and that they are in conformance with the requirements of the Contract Documei
Contractor shall subscribe to and shall place the following certification on all submittals:
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4- %@ 1/08/98 Contract No. 351 1 Page
*
“I hereby certify that the (equipment, material) shown and marked in this submittal is that pror
be incorporated into this Project, is in compliance with the Contract Documents, can be ins
the allocated spaces, and is submitted for approval.
(I) BY: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete 1’l
record set of blue-line prints, which shall be corrected in red daily and show every change f
original drawings and specifications and the exact “as-built“ locations, sizes and kinds of eqi
underground piping, valves, and all other work not visible at surface grade. Prints for this I
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
used only as a record set and shall be delivered to the Engineer upon completion of the
Payment for performing the work required by section 2-5.4 shall be included in various bid it€
no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall no permanent survey monuments or benchmarks without the consent of the Engineer. Wt
Engineer concurs, in writing, with the Contractor that protecting an existing monument in
impractical, the Contractor shall employ a licensed land surveyor to establish the locatio
monument before it is disturbed. The Contractor shall have the monument replaced by a
land surveyor no later than thirty (30) days after construction at the site of the replace
completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 8’
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
permanent survey monument is located, the Contractor shall adjust the monument frame ar
to the new grade. Monument frames and covers shall be protected during street sealing or
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pa)
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to pe
work necessary for establishing control, construction staking, records research and i
surveying work necessary to construct the work, provide surveying services as required he
provide surveying, drafting and other professional services required to satisfy the requiremer
Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations i
personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conforr
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade :
the Engineer before commencing work in the area affected by the grade sheets. The Contrac
submit field notes for all surveying required herein to the Engineer within ten days of perfor
survey. All surveying field notes, grade sheets and survey calculations shall be submitted
form on 8’”’ by 11” paper. The field notes, calculations and data shall be clear and comp name of field party chief, field crew members, preparer, date of observation or ca
consecutive page numbers and shall be readable without resort to any electronic aid, (
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~Sll08l98 Contract No. 351 1 Page
program or documentation for any computer program. The field notes shall be prep conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of
prepared and filed in conformance with §§ 8700 - 8805 of the State of California Businc
Professions Code showing all SDRS M-10 monuments set. The record of survey shall st
location and justification of location of all permanent monuments set and their relation to th
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and a
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 a1
intervals as measured along the project stationing unless a lesser interval is specified herein.
sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points an
crown lines where no median exists. Large slopes shall have line point set to aid in constrL
the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement an
curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base
roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish SI
stakes for the aggregate base for the roadway section shall be at 25-foot intervals at
pavement and top of curbs and crown line where no median exists. Intermediate stakes I
edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish as
subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb,
pavement, and all crown lines and grade breaks. Intermediate stakes between edge of p:
and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at
intervals. Catch basins shall be staked at centerline and each end of the local deprc
Curbskurbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 1/4,
delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be pa
the pavement prior to placing each lift of asphalt on variable thickness pavement overlays r leveling courses. Intersections showing specific finished asphalt grids shall be painted per tl
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal I( where the curb is not being built as a part of this contract. Surveyor shall mark the remob
and limits of work line shown on the plans. The markings shall consist of continuous painted
asphalt and concrete surfaces and red flagged or painted laths spaced on centers no ml
twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and ir
and approved by the Engineer before the start of construction in the area marked. C
monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the I
filed with the County in accordance with the Professional Land Surveyors Act. Water and sc
stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pipe
line and laterals. For all pipeline work the pipe and each access hole, pipe material changc
connection, fitting, appurtenance, or hydrant location with elevations shall be staked and
with grade stakes designating the offset of the reference point, station, elevation of referen
cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other are;
preserved that are shown on the plans shall be staked and flagged at 25 foot intervals pril
start of any other activities within the limits of the work.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey wori
additional payment will be made. Extension of unit prices for extra work shall inc
compensation for attendant survey work and no additional payment will be made therefor. for the replacement of disturbed monuments and the filing of corner records shall be inciden
work necessitating the disturbance of said monuments and no additional payment will I
therefor.
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6# 1/08/98 Contract No. 351 1 Page
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all records
Contractor‘s or subcontractor’s possession pertaining to the work that the Engineer may requc
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available
Engineer, within San Diego County, accurate books and accounting records relative tc
activities. The Engineer shall have the right to monitor, assess, and evaluate Coni
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in1
of Contractor’s staff. At any time during normal business hours and as often as the Engint
deem necessary, upon reasonable advance notice, Contractor shall make available to the E
for examination, all of its records with respect to all matters covered by this Contract and wi’
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
and to make audits of all invoices, materials, payrolls, records of personnel, and other data
to all matters covered by this Contract. However, any such activities shall be carried out in a
so as to not unreasonably interfere with Contractor’s ongoing business operations. Contrac
maintain such data and records for as long as may be required by applicable laws and regula
@
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
Bid Item, the use of this basis for the adjustment of payment will be limited to that portio
change, which together will all previous changes to that item is not in excess of 25 percer
total cost of such item based on the original quantity and Contract Unit Price. Adjustments ir
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, Rega
ownership, the rates and right-of-way delay factors to be used in determining rental and del
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates’’ published by CAL
current at the time of the actual use of the tool or equipment. The right-of-way delay factor:
shall be used as multipliers of the rental rates for determining the value of costs for del2
Contractor and subcontractors, if any, The labor rates published therein are not a par
contract.
3-3.2.3 Markup, Delete section 3-3.2.3 from the 1997 SSPWC and replace with the follow
(a) Work by Contractor. The following percentages shall be added to the Contract0
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 i
compensation for bonding.
a
second paragraph, modify as follows:
4-
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P’S1108198 Contract No. 351 1 Page
(b) Work by Subcontractor. When all or any part of the extra work is performe
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor‘!
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portioi
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcol
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Payr
extra work will not be made until such time that the Contractor submits completed daily repc
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pa
five (5), and add the following: The Contractor shall not be entitled to the payment of any ac
compensation for any act, or failure to act, by the Engineer, including failure or refusal to
change order, or for the happening of any event, thing, occurrence, or other cause, unless
have first given the Engineer due written notice of potential claim as hereinafter si
Compliance with this section shall not be required as a prerequisite to notice provi5
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differei
measurement or errors of computation as to contract quantities. The written notice of potenti
for changed conditions shall be submitted by the Contractor to the Engineer upon their disco!
prior to the time that the Contractor performs the work giving rise to the potential clair
Contractor’s failure to give written notice of potential claim for changed conditions to the
upon their discovery and before they are disturbed shall constitute a waiver of all c
connection therewith.
The Contractor shall provide the City with a written document containing a descriptior
particular circumstances giving rise to the potential claim, the reasons for which the Cc
believes additional compensation may be due and nature of any and all costs involve
20 working days of the date of service of the written notice of potential claim for changed co
The potential claim shall include the following certification relative to the California False Cia Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C
False Claims Act, Government Code sections 12650-1 2655. The undersigned further undr
and agrees that this potential claim, unless resolved, must be restated as a claim in respon:
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Cc
shall submit substantiation of its actual costs to the Engineer within 20 working days
affected work is completed. Failure to do so shall be sufficient cause for denial of a
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virt
contract be brought to the attention of the Engineer at the earliest possible time in order t
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
potential claim prior to commencing any disputed work. Failure to give said notice shall cor waiver of all claims in connection therewith.
a
add the following after the second sentence:
rl) Verbal notifications are disallowed.
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$? 1/08/98 Contract No. 351 1 Page
Delete second sentence of paragraph one and add the following: Prior to proceeding with
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the co
shall attempt to resolve all disputes informally through the following dispute resolution c
command: 0 I. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion
disputed work stating its position on the claim, the contractual basis for the claim, along documentation supporting the costs and all other evidentiary materials. At each level of (
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim
the Contractor's report and respond with a position, request additional information or request
Contractor meet and present its report. When additional information or a meeting is reque!
City will provide its position within 10 working days of receipt of said additional informi
Contractor's presentation of its report. The Contractor may appeal each level's position up to
Manager after which he may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a re
to a claim to the City Manager. Actual approval of the claim is subject to the change order pr
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the pro
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION QF CONSTRUCTION CLAIMS
4D
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tt
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 contractc
public agency when the public agency has elected to resolve any disputes pursuant to Ar
(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
that "public work" does not include any work or improvement contracted for by the statc
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa!
money or damages arising from work done by, or on behalf of, the contractor pursuar
contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or spec
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.
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Wl,O8,98 Contract No. 351 1 Page
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 tt
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intc
extend the time limit or supersede notice requirements otherwise provided by contract for thc
clai ms.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re:
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, \
days of receipt of the claim, any additional documentation supporting the claim or re
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 pursuai
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 sub1
the Claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is E
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to al
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of ri
the claim, any additional documentation supporting the claim or relating to defenses to the c
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuai
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 sub1
the claimant within 30 days after receipt of the further documentation, or within a period of
greater than that taken by the claimant in producing the additional information or re
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
within the time prescribed, the claimant may so notify the local agency, in writing, eitht
15 days of receipt of the local agency's response or within 15 days of the local agency's 1
respond within the time prescribed, respectively, and demand an informal conference to 17
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sc
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 disl
claimant may file a claim as provided in Chapter I (commencing with Section 900) and C
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C
purposes of those provisions, the running of the period of time within which a claim musi
shall be tolled from the time the claimant submits his or her written claim pursuant to subdh
until the time that claim is denied as a result of the meet and confer process, including any
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor
construed to change the time periods for filing tort claims or actions specified by C
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 oi
3.6 of Title I of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claim
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, shall submit the matter to nonbinding mediation unless waived by mutual stipulation of bott
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The mediation process shall provide for the selection within I5 days by both partic
disinterested third person as mediator, shall be commenced within 30 days of the submi
shall be concluded within 15 days from the commencement of the mediation unless
requirement is extended upon a good cause showing to the court or by stipulation of both p
the parties fail to select a mediator within the 15-day period, any party may petition the
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Prc
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (b
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedu
apply to any proceeding brought under the subdivision consistent with the rules pertaining tc
arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators a1
for purposes of this article shall be experienced in construction law, and, upon stipulatio
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of p:
exceed their customary rate, and such fees and expenses shall be paid equally by the
except in the case of arbitration where the arbitrator, for good cause, determines a different
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Codc
Procedure, any party who after receiving an arbitration award requests a trial de novo but r
obtain a more favorable judgment shall, in addition to payment of costs and fees under that
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 mec
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is un
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 rat
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed il
0
arbitration process.
0 of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free a
access to any and all parts of work at any time. Contractor shall furnish Engineer wi
information as may be necessary to keep the Engineer fully informed regarding progrc
manner of work and character of materials. Inspection or testing of the whole or any portio
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provis
Agency will bear the cost of testing materials and/or workmanship where the results of SI
meet or exceed the requirements indicated in the Standard Specifications and the
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 approve
before the delivery is started. All materials proposed for use may be inspected or tested at
during their preparation and use. If, after incorporating such materials into the Work, it is fc sources of supply that have been approved do not furnish a uniform product, or if the pro(
any source proves unacceptable at any time, the Contractor shall furnish approved mate
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other approved sources. If any product proves unacceptable after improper storage, handlii
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or ex(
requirements of the specifications shall be borne by the Agency. Said tests may be mad place along the work as deemed necessary by the Engineer. The costs of any retes
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the sub
is determined to be unsatisfactory in performance, durability, compatibility with associate(
availability of repair parts and suitability of application the Contractor shall remove the suk
item and replace it with the originally specified item at no cost to the Agency.
I)
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by
of known records, endeavored to locate and indicate on the Plans, all utilities which exist \n
limits of the work. However, the accuracy and/or completeness of the nature, size and/or lo
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor cause
failure of other parties to relocate utilities that interfere with the construction, the Contract
request to the Engineer, may be permitted to temporarily omit the portion of work affecte
utility. Such omission shall be for the Contractor's convenience and no additional compens
be allowed therefor. The portion thus omitted shall be constructed by the Contractor imn following the relocation of the utility involved unless otherwise directed by the Engineer. a
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsec
and substitute the following: The Contractor shall begin work within 7 calendar days aftel
of the "Notice to Proceed".
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Eng
set the time and location for the Preconstruction Meeting. Attendance of the Coi
management personnel responsible for the management, administration, and executio
project is mandatory for the meeting to be convened. Failure of the Contractor to I
Contractor's responsible project personnel attend the Preconstruction Meeting will be grc
default by Contractor per section 6-4. No separate payment will be made for the Coi
attendance at the meeting. The notice to proceed will only be issued on or after the coml
the preconstruction meeting.
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's pre revision and maintenance of the Construction Schedule are incidental to the work and no
payment will be made therefor.
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6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipm
materials, and performing all operations necessary to complete the Project Work as showr
Project Plans and as specified in the Specifications. The following descriptions outlining the 1
work are provided for the Contractor‘s review and information. Ocean Street beach access
temporary fencing and signs, removal existing concrete stairs and handrail as noted on tht
construct new stairs and handrails, paint new handrails, remove temporary fencing and
stairs. Cherry Avenue beach access: Place temporary fencing and signs, remove existing hi
around platforms, have handrails sandblasted and primed, remove or brace stairs in place,
existing edge beams as shown on plans, reconstruct edge beams, reinstall stairs and hz
paint platform handrails and handrails on stairs, remove temporary fencing and reopen stairs.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The
Representative shall be the individual determined under section 7-6, “The Coni
Representative”, SSPWC. No separate payment for these meetings will be made.
I)
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writte
to the Engineer within two hours of the beginning of any period that the Contractor has pia
workers or equipment on standby for any reason that the Contractor has determined to be ca
the Agency or by any organization that the Agency may otherwise be obligated by. The Cc
shall provide continuing daily written notice to the Engineer, each working day, througt
duration of such period of delay. The initial and continuing written notices shall inci
classification of each workman and supervisor and the make and model of each piece of eq
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the (
the delay and a cogent explanation of why the Contractor could not avoid the delay by rea
means. Should the Contractor fail to provide the notice(s) required by this section the Cc
agrees that no delay has occurred and that it will not submit any claim@) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec
work to completion within 30 working days after the starting date specified in the Nc
Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the E
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the I
if the Contractor desires to work outside said hours or at any time during weekends and/or h
This written permission must be obtained at least 48 hours prior to such work The Engin
approve work outside the hours and/or days stated herein when, in hidher sole opinion, si
conducted by the Contractor is beneficial to the best interests of the Agency. The Contrac
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted
(1) year after recordation of a “Notice of Completion” and any faulty work or materials disc
during the warranty period shall be repaired or replaced by the Contractor, at its ex1
Twenty-five percent of the faithful performance bond shall be retained as a warranty bond
one year warranty period.
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Add the following:
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6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first s
of the second paragraph and add the following: For each consecutive calendar day in e)
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrac
pay the Agency, or have withheld monies due it, the sum of One Thousand Dollars ($1,000.01
Execution of the Contract shall constitute agreement by the Agency and Contractor tt
Thousand Dollars ($1,000.00) per day is the minimum value of costs and actual damages ca
the Contractor to complete the Work within the allotted time. Any progress payments made i
specified completion date shall not constitute a waiver of this paragraph or of any damages.
a
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insui
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to
business in the state of California and are listed in the official publication of the Depart
Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to bt
with insurers that are admitted and authorized to conduct business in the state of California
listed in the official publication of the Department of Insurance of the State of California.
issued by the State Compensation Fund meet the requirement for workers' compensation ins
7-5 PERMITS. Except as specified herein the agc
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building
necessary to perform work for this contract on Agency property, in streets, highways (excc highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
permits incidental to the work are obtained. The Contractor shall obtain and pay for all pe
the disposal of all materials removed from the project. The cost of said permit(s) shall be in(
the price bid for the appropriate bid item and no additional compensation will be allowed therl
Modify the first sentence to read:
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7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility co
during the relocation or construction of their lines. The Contractor may be granted a time e
if, in the opinion of the Engineer, a delay is caused by the utility company. No a
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requirt
shall also be executed on weekends and other non-working days when needed to pre:
health safety or welfare of the public. The Contractor shall conduct effective cleanup control throughout the duration of the Contract. The Engineer may require increased
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the heal
and welfare of the public. Cleanup and dust control shall be considered incidental to the
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. The Contractor shall
construction meter for water used for the construction, plant establishment, maintenance,
testing and all other work requiring water related to this contract. The Contractor shall co
appropriate water agency for requirements.
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Add the following:
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W108,!38 Contract No. 351 1 Page
The Contractor shall pay all costs of temporary light, power and water including hookup,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be cor
incidental to the items of work that they are associated with and no additional payment will b
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be el
with mufflers in good repair when in use on the project with special attention to the City Noise
Ordinance, Carlsbad Municipal Code Chapter 8.48.
@ therefor.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls Shi
accordance with the plans, Chapter 5 of the California Department of Transportation "M:
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic
system is displaced, or ceases to operate or function as specified, from any cause, du
progress of the work, the Contractor shall immediately repair said component to its original c
or replace said component and shall restore the component to its original location. In the e\
the Contractor fails to install and/or maintain barricades or such other traffic signs, rr
delineation or devices as may be required herein, the Engineer may, at hidher sole option, ir
traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($2C
day per traffic sign or device, or the actual cost of providing such traffic control facility, whic
the greater.
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices ins
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintai
removed by the Contractor when no longer required. Care shall be used in performing excav
signs in order to protect underground facilities. Warning and advisory signs that remain
overnight shall be stationary mounted signs. Stationary signs that warn of non-existant cc
shall be removed from the travelled way or shielded from the view of the travelling public dur
periods that their message does not pertain to existing conditions. All excavation required
stationary construction area signs shall be performed by hand methods without the use c
equipment. Warning and advisory signs that are used only during working hours may be
signs. Portable signs shall be removed from the travelled way and shielded from the vie
travelling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicl
portable signs shall be illuminated or, at the option of the Contractor, shall be in conforma
the provisions in Section 12-3.06B, "Portable Signs", of the CALTRANS Standard Specifk
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized she
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroi
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be ins
break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadsic
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at le: 2.1 m.
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(c) Construction area sign posts may be installed on above ground temporary platfo
supports as approved by the Engineer, or the signs may be installed on existing lighting stanc
other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shal made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with
2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for eacl square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard P'
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section
"Reflective Sheeting Aluminum Signs", and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis
diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless oi
specified.
(b) Frames shall be constructed in accordance with "Framing Details for Sheet Aluminum Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The ur
be capable of being delivered to the site of use and placed in immediate operation. Sign p:
portable signs shall conform to the requirements of sign panels for stationary mounted
206-7, "Reflective Sheeting Aluminum Signs", or shall be Type IV reflective sheeting, co
fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be use
the hours of darkness. Size, color, and legend requirements for portable signs shall be as dc
for stationary mounted sign panels in Section 206-7, "Reflective Sheeting Aluminum Sign
height to the bottom of the sign panel above the edge of traveled way shall be at least 0.1
parts of the sign standard or framework shall be finished with 2 applications of an orange
which will match the color of the sign panel background. Testing of paint will not be reqi
portable signs are displaced or overturned, from any cause, during the progress of the \II
Contractor shall immediately replace the signs in their original locations.
Add the following section:
7-1 0.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC "Public Con\
and Safety." Nothing in these Special Provisions shall be construed as relieving the Contrac
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than p
delineators are used during the hours of darkness, they shall be affixed or covered with r
cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves
seven (7) inches long.
The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment w
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be m
from the closest approach of any part of the equipment as it is operated and/or maneu
performing the work. This requirement may be waived when the Engineer has giver
authorization to the reduction in clearance that is specific to the time, duration and location
waiver or for the work of installing, maintaining and removing traffic control devices. As a c of such waiver the Engineer may require the Contractor to detour traffic, adjust the wid
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
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Personal vehicles of the Contractor's employees shall not be parked within the travel1 including any section closed to public traffic. Whenever vehicles or equipment are parkec
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresce
cones or portable delineators placed on a taper in advance of the parked vehicles or equiprr
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounf
telescoping flag tree with flags. The flag tree shall be placed where directed by the Engin
construction traffic control devices shall be maintained in good order and according to 1
throughout the duration of work. During the entire construction, a minimum of two pave
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each din
travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists 01
traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual CI
Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these
Provisions. The provisions in this section will not relieve the Contractor from its respons
provide such additional devices or take such measures as may be necessary to maintai
safety.
When lanes are closed for only the duration of work periods, all components of the traffic
system, except portable delineators placed along open trenches or excavation adjacen
traveled way, shall be removed from the traveled way and shoulder at the end work perioc
Contractor so elects, said components may be stored at selected central locations, approve
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 trafi
operations, traffic shall be controlled with lane closures, as provided for under "Traffic
System for Lane Closure" of these Special Provisions or by use of an alternative traffic cor
proposed by the Contractor and approved by the Engineer. The Contractor shall not sk
striping operations using an alternative plan until he has submitted its plan to the Engineer
received the Engineer's written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be fi
placed, maintained and removed in accordance with the minimum standards specified in C
of the "Traffic Manual", edition published by CALTRANS. Whenever the work causes oblite
pavement delineation, temporary or permanent pavement delineation shall be in place
opening the traveled way to public traffic. Lane line or centerline pavement delineation
provided at all times for traveled ways open to public traffic. All work necessary, incluc
required lines or marks, to establish the alignment of temporary pavement delineation
performed by the Contractor. When temporary pavement delineation is removed, all lines ar
used to establish the alignment of the temporary pavement delineation shall be removed by !
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose r
Temporary pavement delineation shall not be applied over existing pavement delineation
temporary pavement delineation. Temporary pavement delineation shall be maintair
superseded or replaced with permanent pavement delineation.
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Temporary pavement delineation shall be removed when, as determined by the Engin temporary pavement delineation conflicts with the permanent pavement delineation or wit^
traffic pattern for the area and is no longer required for the direction of public traffic.
temporary pavement delineation is required to be removed, all lines and marks used to esta
alignment of the temporary pavement delineation shall be removed.
Add the following section: 7-10.3.6 Modifications and Additions to Traffic Control Plan Sheets. The Contrac
submit Traffic Control Plans (TCP) for the Engineer's review for any construction activities within the public right-of-way. The Contractor must obtain the Engineer's approval of the T
to implementing them. All expenses and time to prepare and review such traffic control plans
included in the lump sum bid for traffic control and no additional payment will be made tl
Such design shall meet the requirements of the "MANUAL OF TRAFFIC CONTROLS, 199f as published by the State of California Department of Transportation and of the Enginee
design shall be prepared by a professional engineer appropriately registered in the
California. The Engineer shall be the sole judge of the suitability and quality of a
modifications, supplements, and/or new designs. The Engineer may approve any such traffil
plans when, in hidher sole opinion, such traffic control plans prepared by the registered f
retained by the Contractor will be beneficial to the best interests of the Agency. Such mod
addition, supplement, and/or new design shall not be implemented and no work shall be corr
that is contingent on such approval until the changed traffic control plans are approve(
Engineer. The preparation of such designs shall not presuppose their approval or oblil
Agency in any fashion. Submittal and review requirements for such designs shall confori
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum F
The contract lump sum price paid for "traffic control" shall include full compensation for furni
labor (including flagging costs), materials (including signs), tools, equipment and incidentals
doing all the work involved in preparation, reproduction and changing of traffic control plans,
applying traffic stripes and pavement markers with bituminous adhesive, removing,
maintaining, moving to new locations, replacing, and disposing of the components of tt
control system as shown on the plans and approved additions and modifications, as spe
these special provisions, and as directed by the Engineer. Flagging costs will be paid for as
the Lump Sum Amount for "Traffic Control." When included as a bid item the cost of Iz
material for portable concrete barriers will be paid for at the price bid. When there is no bid
cost of labor and material for portable concrete barriers they will be paid as an incidental to being performed and no additional payment will be made therefor. Progress payment foi
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 nt
precautions for the safety of employees on the work and shall comply with all applicable pro\
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
on, about, or adjacent to the premises where the work is being performed. The Contrac
erect and properly maintain at all times, as required by the conditions and progress of the
necessary safeguards for the protection of workers and public, and shall use danger signs
against hazards created by such features of construction as protruding nails, hoists, well hc
falling materials.
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7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect tl
include Chapter 11.06. Excavation and Grading.
materials, such as borrow pits or gravel beds, for use in the proposed construction projec
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the cc established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conc
the contract.
If this notice specifies locations or
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SECTION 9 -- MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mor
Engineer will make an approximate measurement of the work performed to the closure (
basis for making monthly progress payments. The estimated value will be based on conk
prices, completed change order work and as provided for in Section 9-2 of the S
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend
after the closure date. Five (5) working days following the closure date, the Engineer shall cc
the detailed progress pay estimate and submit it to the Contractor for his information. Shc
Contractor assert that additional payment is due, the Contractor shall within ten (1 0) days 01
of the progress estimate, submit a supplemental payment request to the Engineer with a(
justification supporting the amount of supplemental payment request. Upon receipt
supplemental payment request, the Engineer shall, as soon as practicable after receipt, de
whether the supplemental payment request is a proper payment request. If the E
determines that the supplemental payment request is not proper, then the request shall be r
to the Contractor as soon as practicable, but not later than seven (7) days after receip
returned request shall be accompanied by a document setting forth in writing the reasons 1
Supplemental payment request was not proper. In conformance with Public Contract Code
20104.50, the City shall make payments within thirty (30) days after receipt of an undispu
properly submitted supplemental payment request from the Contractor. If payment
undisputed supplemental payment request is not made within thirty (30) days after receipi
Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set
subdivision (a) of Section 685.010 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agen
retain 10 percent of such estimated value of the work done and 10 percent of the value of n so estimated to have been furnished and delivered and unused or furnished and st1
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at i
after 20 percent of the work has been completed, if the Engineer finds that satisfactory pro
being made, the Agency may reduce the total amount being retained from payment pursuai
above requirements to 5 percent of the total estimated value of said work and materials i
also reduce the amount retained from any of the remaining partial payments to 5 percer
estimated value of such work and materials. In addition, on any partial payment made
percent of the work has been completed, the Agency may reduce the amount withhc
payment pursuant to the requirements of this Section to such lesser amounts as the E
determines is adequate security for the fulfillment of the balance of the work and other requi
of the contract, but in no event will said amount be reduced to less than 125 percer
estimated value of the work yet to be completed as determined by the Engineer. Such redu
only be made upon the written request of the Contractor and shall be approved in writin
surety on the Performance Bond and by the surety on the Payment Bond. The approv,
surety shall be submitted to the Engineer; the signature of the person executing the approvi
surety shall be properly acknowledged and the power of attorney authorizing him to gi
consent must either accompany the document or be on file with the Agency.
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9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspect
Engineer will make a Final Payment Estimate and process a corresponding payment. This e
will be in writing and shall be for the total amount owed the Contractor as determined
Engineer and shall be itemized by the contract bid item and change order item with quantit
payment amounts and shall show all deductions made or to be made for prior paymer
amounts to be deducted under provisions of the contract. All prior estimates and progress pa
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate t4
written statement disputing any bid item or change order item quantity or payment amour
Contractor shall provide all documentation at the time of submitting the statement suppoi
position. Should the Contractor fail to submit the statement and supporting documentation wi
time specified, the Contractor acknowledges that full and final payment has been made
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned til
Engineer will review the disputed item within 30 calendar days and make any appi
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascei
basis and amount of said claims. The Engineer will consider and determine the Contractor’:
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or con
involved in its claims. Failure to submit such information and details will be sufficient ci
denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittec
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire projc
claim will be considered that was not included in this written statement, nor will any claim be
for which written notice or protest is required under any provision of this contract including :
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compli
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascei
basis and amount of said claims. The Engineer will consider and determine the Contractor’:
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or con
involved in its claims. Failure to submit such information and details will be sufficient ci
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written state
further information, whichever is longer, for those claims approved by the Engineer. The Cc
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for thos
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate.
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The cost of materials and equipment delivered but not inco
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%$I IO8198 Contract No. 351 1 Page 1
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory V
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lui
price paid for mobilization shall not exceed Three Thousand dollars ($3,000.00) for Ocear
(Schedule 1) and Seven Thousand Five Hundred dollars ($7,500.00) for Cherry Street (Sche
and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials,
tools, equipment and incidentals, and for doing all the work involved in mobilization and prer
work and operations, including, but not limited to, those necessary for the movement of pel
equipment, supplies, and incidental to preparing to conduct work on and off the project site ar
offsite facilities necessary for work on the project; for all other facilities, sureties, work and opc
which must be performed or costs incurred prior to beginning work on various contract iterr
off the project site, excepting those specifically paid for under separate sections o
specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufic Mobilization and Preparatory Work, as described in this section, and that the Contractor sh
no right to additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (
the amount bid for Mobilization And Preparatory Work will be allowed. For the second p payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatc
will be allowed therefor.
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Type of Construction Concrete
Class
All concrete used for stairway, walkway & footings‘’) 560-C-3250 (’I
Concreted-Rock Erosion Protection 520-C-25OOP
Maximu
Slump mm (I
per Table 30C
Within areas where epoxy-coated reinforcement is required, tie wire and bar chairs or other
devices used to secure or support the reinforcement shall be plastic-coated or epoxy-cc
prevent corrosion of the devices or damage to the coated reinforcement.
Prior to coating, the Contractor shall furnish to the engineer a representative 4-ounce Sam1
each batch of epoxy coating material to be used. Each sample shall be packaged in an
container identified with the manufacture’s name and batch number.
Two 30-inch long samples of coated bar reinforcement from each size and from each load
to the job site shall be furnished to the engineer for testing. These samples shall be repres
of the material furnished. These samples, as well as any additional random samples takei
Engineer, may be tested for specification compliance. Such additional sampling, and
performed by the Engineer, may be performed at any location deemed appropriate by the Er
Failure of any sample to meet the requirements of the specifications will be cause for rejectioi
If any bar reinforcement tested for coating thickness or for flexibility of coating fails to n
requirements for coated bars in Section 8 of ASTM Designation: A 775 / A 775M, two (2) re
random samples taken from bars represented by the failed tests will be conducted for ea(
test. If the results of both retests meet the specified requirements, the coated bars represc
the samples may be certified as meeting the test requirements. If either retest fails to n
specified requirements, the coated bars represented by the samples shall be rejected and al
bars represented by the samples shall be removed from the jobsite.
All visible damage to the coatings caused by shipping, handling or installation shall be rep
required for repairing coating damaged prior to shipment as specified in ASTM Designation:
A 775M for bar reinforcement. When the extent of coating damage prior to repair exceeds
percent of the bar surface area in any one foot length, repair of the bar will not be allowed
coated bar will be rejected.
The patching material and process shall be suitable for field application. The patching mate
be prequalified as required for the coating material and shall be either identified on the contai
material compatible with the bar reinforcement coating, or shall be accompanied by a Certi
Compliance, from the manufacturer, certifying that the material is compatible with
reinforcement coating. Damaged areas shall be patched in accordance with the patching
manufacturer’s recommendations. If damaged to a bar occurs during field bending the area
patched immediately with the prequalified patching material.
Except for lap splices, all splices for epoxy-coated reinforcement shall be coated with a c
protection covering that is on the list of approved products. The covering shall be ins
accordance with the manufacturer’s recommendation’s and as directed by the Engine€
following products are approved for this protection:
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Shrink Tubing Product DescriPtion Phone Number
Manufacturer
7820 Palace Drive Cincinnati, Ohio 45249
Ultratec Division 1669-A Brandywine Ave. Chula Vista, CA 91 91 1-6020
6801 River Place Blvd. Austin, TX 78726-9000
1 - Canusa-EM1 CFW 800-422-6872
( with thermoplastic liner)
2 - Raychem Corporation CPSM 800-540-0004
3 - 3M Electrical Specialities Div. MDT,HDT 800-722-6721
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~Sl,O8,98 Contract No. 351 1 Page
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A Certificate of Compliance to the provisions in Section 4-1.5, “Certification,” shall be furni:
each shipment of epoxy-coated bar reinforcement certifying that the coated bars conforn
requirements of ASTM Designation: A 775 / A 775M and this section, “Epoxy.
Reinforcement.” Said Certificate of Compliance shall include all the certifications specified ii
Designation: A 775 / A 775M and a statement that the coating material has been prequa
acceptance testing performed by the Valley Forge Laboratories, Inc., Devon, Pennsylvania.
I)
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
Add the following section: 206-7.1 General. Materials, legend, proportion, size, and fabrication of all signs used
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall COI
the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October
Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING
October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART
February 1980, all published by the State of California, Department of Transportation, Di\
Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacrame
9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING
October 1993 require the Contractor or supplier to notify the Department of Transportatil
certify compliance to said SPECIFICATIONS, to provide a quality control program or to alloh
approval, observation of manufacturing or assembly operations by the State of C;
Department of Transportation and/or its employees or officials, such rights shall be veste
Engineer.
206-7 REFLECTIVE SHEETING ALUMINUM SIGNS.
@ Add the following section:
206-7.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SH
SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIOr
REFLECTIVE SHEETING SIGNS, October 1993”, except that the notation shall be “PROPE
THE CITY OF CARLSBAD”.
Add the following section:
206-7.3 Drawings. Modify the ‘SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
1993” as follows: Standard signs shall be as per the most recently approved “APPROVE
SPECIFICATION SHEETS” of the State of California, Department of Transportation. The
approval shall be the date most closely preceding the date of manufacture of the sign(s) or
of the “Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.4 Reflective Sheeting. Modify the “SPECIFICATIONS FOR REFLECTIVE SH
SIGNS, October 1993” as follows: All warning signs and all regulatory signs, excepting 01
hereinafter listed, shall be fabricated with Type Ill encapsulated lens sheeting conformir
requirements of this specification. Signs listed below shall be fabricated with Type II enca
lens sheeting conforming to the requirements of this specification. Regulatory signs which
fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, Rf
through, and including, R53C; R62A through, and including, R62D; R74 through, and ii R96C; and R99 through, and including, R105A.
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Add the following section:
206-7.5 Substrate. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, 1993” as follows: Excepting only construction warning signs used at a single locatio1
daylight hours for not more than five (5) consecutive days, all signs used for the direction, i
and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrz 111)
SECTION 209 - ELECTRICAL COMPONENTS
209-2 MATERIALS AND INSTALLATION
209-2.01 Excavating and Backfilling. The excavations required for the installation of
foundations, and other appurtenances shall be performed in such a manner as to ab
unnecessary damage to streets, sidewalks, landscaping, and other improvements. The 1
shall not be excavated wider than necessary for the proper installation of the f
appurtenances and foundations. Excavation shall not be performed until immediate11
installation of conduit and other appurtenances. The material from the excavation shall be F
a position that will not cause damage or obstruction to vehicular and pedestrian traffic nor
with surface drainage.
Unless otherwise permitted in writing by the Engineer, all surplus excavated material
removed and disposed of, within 48 hours, outside the highway right of way in accordance
provisions in Sections 7-8.1, “Cleanup and Dust Control”, 300-1.3, “Removal and Dis
Materials” and 302-6, “Surplus Material”, depending on the origin and nature of the materii
removed and disposed.
The excavations shall be backfilled in conformance with the provisions in Sections
“Structure Backfill” or 306-1.3, “Backfill and Densification,” depending on the nature of the I
or conduit that the excavation being backfilled accommodates. Excavations after backfilling
kept well filled and maintained in a smooth and well-drained condition until permanent rei
made. All excavations shall be filled, and sidewalks, pavement, and landscaping restored
intersection prior to excavating at any other intersection, unless otherwise permitted by the E
Excavations in the street or highway shall be performed in such a manner that not more t
traffic lane is restricted at any time, unless otherwise approved by the Engineer.
209-2.02 Removing and Replacing Improvements. In addition to the requirements of
7-9, “Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Res1
Improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt 1
pavement, underlying material, lawns and plants, and any other improvements removed, b
damaged by the Contractor’s operations, shall be replaced or reconstructed with the samf
material as found on the work or with materials of equal quality. The new work shall be
serviceable condition.
Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway i
or damaged, the entire square, section or slab shall be removed and the concrete reconstr
above specified. The outline of all areas to be removed in portland cement concrete sidew
driveways and in pavements shall be cut to a minimum depth of 50 mm (2”) with an abra:
saw prior to removing the sidewalk, driveways and pavement material. Cuts shall be neat along score lines, with no shatter outside the removal area.
209-2.03 Foundations. Portland cement materials and construction methods shall co
Section 201, “Concrete, Mortar and Related concrete Materials,” for Materials and Sect
Toncrete and Masonry Construction,” for construction methods. Concrete foundations sha
firm ground.
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Except when located on structures, foundations for posts, standards, and pedestals, not st
the plans to have mortar pads, shall be placed “in the solid” and monolithic except for the toy:
(2”) which shall be placed after the post, standard or pedestal is in proper position. After ea
standard, or pedestal on structures, and each standard shown on the plans to have mortar
in proper position, mortar shall be placed under the base plate as shown on the plans. The f
portions shall be formed to present a neat appearance. Mortar shall consist of one part by vc
portland cement and 3 parts of clean sand, shall contain only sufficient moisture to permit
and shall be cured by keeping it damp for 3 days.
Reinforced cast-in-drilled-hole concrete pile foundations for traffic signal and lighting standar
conform to the provisions in Section 205-3.3, “Cast-in-Place Concrete Piles,” except that
resulting from drilling holes shall be disposed of as provided in Section 209-2.01, “Excavai
Backfilling.” The exposed portions of the foundation shall be formed to present a neat appeal
Forms shall be true to line and grade. Tops of foundations for posts and standards, excepl
foundations, shall be finished to curb or sidewalk grade or as directed by the Engineer. Fori
be rigid and securely braced in place. Conduit ends and anchor bolts shall be placed ir
position and to proper height, and shall be held in place by means of a template until the c
sets.
Anchor bars or studs and nuts, except for Type 30 and Type 31 lighting standards, shall co
ASTM Designation: A 307. Headed anchor bolts for foundations shall conform to the speci
of ASTM Designation: A 307, Grade B with SI supplementary requirements. At the optic
Contractor, nonheaded anchor bolts for foundations shall conform either to the specifia
ASTM Designation: A 307, Grade C or to the provisions in AASHTO Designation: M 314, C
or 55 with SI supplementary requirements. When nonheaded anchor bolts conformin!
specifications of ASTM Designation: A 307, Grade C are furnished, the end of each fz
anchor bolt shall be either coded by end stamping as required in ASTM Designation: A 3C
end that projects from the concrete shall be permanently coded with a green color
manufacturer. High strength anchor bolts, bars, or studs for Type 30 and Type 31 lighting si
shall conform to ASTM Designation: A 325, A 325M or A 449 and shall comply with the me
requirements of ASTM Designation: A 325 or A 325M after galvanizing. Nuts and washers
strength anchor bolts shall conform to ASTM Designations: A 563 or A 563M, and F 476 or
respectively. In addition to the requirements of ASTM Designation: A 449, studs shall be m:
either end as required for bolt heads. All steel parts shall be galvanized in accordance
provisions in Section 21 0-3.6, “Galvanizing for Traffic Signal Facilities.”
The upper threaded portion of all anchor bolts shall be provided with 2 nuts and 2 washer
Anchor bars or studs shall be provided with 3 nuts and washers each. Welding shal
performed on any portion of the body of high-strength anchor bolts, anchor bars, or studs,
Plumbing of the standards shall be accomplished by adjusting the leveling nuts before placir
or before the foundation is finished to final grade. Shims, or other similar devices shall not
for plumbing or raking of posts, standards or pedestals.
Both forms and ground which will be in contact with the concrete shall be thoroughly rr
before placing concrete. Forms shall not be removed until the concrete has thorougl
Ordinary surface finish, as specified in Section 303-1.9.2, “Ordinary Surface Finish,” shall bc
to exposed surfaces of concrete. Where obstructions prevent the construction of a
foundation, the Contractor shall construct an effective foundation as directed by the Enginc
foundations shown on the plans shall be extended if conditions require additional depth,
additional work, if ordered by the Engineer, will be paid for as extra work as provided in Sec
“Changes Initiated By The Agency.”
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~SIiO8i98 Contract No. 351 1 Page
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Unless otherwise specified or shown on the plans, foundations not to be reused shall be rei
When a foundation is shown on the plans to be abandoned, the top of foundation, anchor bc
conduits shall be removed to a depth of not less than 1.0 m (3‘) below surface of side
unimproved ground. The resulting hole shall be backfilled with material equivalent to the surn
material. Unless otherwise shown on the plans, all standards to be relocated shall be provic
new foundations and anchor bolts of the proper type and size. Posts, poles, standards, pe
and cabinets shall not be erected until the foundation has set at least 7 days, and shall be F
or raked, as directed by the Engineer.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
@
Add the following section:
210-1.4.1 Paint Materials. The following paint system shall be used in painting the existin
railing:
Activator: DuPont lmron U6-6005
Color: TGE lmron 333 333-1 6E40P 9981 3
Primer: DuPont DP-40
Add the following section: 210-6 Concrete Sealant. The concrete sealant shall be a product designed to seal c
against moisture. The sealant shall be 40 percent, minimum, organosilane solution, dilui
solvent recommended by the manufacturer, and shall consist of alkyltrimethoxysilanes witt-
groups of I-butyl, I-octyl, n-octyl, singularly or in combination. When applied to a concrete
that has been surface dry not less than 48 hours, the sealant shall seal the surface to the ex1
5 days sfter applying, a spray of water will not change the appearance of the concrete.
The concrete sealant shall be tinted with a fugitive dye which colors the sealant on the c
surface for at least four hours after application and then disappears within seven da
application .
Each shipment of concrete sealant shall be accompanied by the manufacturer’s recommer
for application of concrete sealant and a Certificate of Compliance conforming to Sectio “Certification,” of the Standard Specifications.
Add the following section:
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213-3 EROSION CONTROL SPECIALTIES.
213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap tyl
with no less than 23kg (50 Ibs) of 19 mm (3/4) crushed rock and securely tied closed. Plas
are not acceptable.
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TABLE OF CONTENTS
SPECIAL PROVISIONS
I) Section DescriDtion Paa
PART 3 SUPPLEMENTAL PROVISIONS TO STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION METHODS .......................................................... 69
300 Earthwork ................................................................................................. 69
300-1.4 Payment ..................................................................................................... 69
300-2 Unclassified Excavation ......................................................................... 69
300-2.2.3 Unsuitable Soils Within Right-of-way and Dike Earth Embankment ....... 70
300-2.9 Payment ..................................................................................................... 70
300-3 Structure Excavation and Backfill .................................................... 71
300-4.7 Compaction ............................................................................................... 71
303-7.2 Epoxy-Coated Reinforcement ................................................................... 74
306-5 Abandonment of Conduits and Structures .......................................... 75
31 0 Painting ................................................................................................... 75
303 Concrete and Masonry Construction .................................................... 74
303-7 Reconstruct Platform Edgebeams ....................................................... 74
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I)
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
0
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1 .I General. add the following to the third paragraph: During surface clearing operati1
Contractor shall not cover or bury any plant growth or other objectionable materials.
Contractor cannot successfully separate the plant growth from the surface soil and adverf
inadvertently mixes organic or other objectionable materials with the soil, the soil so conta
shall be removed from the site by the Contractor. All costs, if any, associated with removing
mixed with organic or other objectionable materials and importing soil to replace said conta
soil shall be borne by the Contractor and no additional payment therefor shall be madc
Contractor.
300-1.3 Removal and Disposal of Materials. add the following: Also included in clear
grubbing shall be removal and disposal of existing street poles and lights, metal guard rail,
asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existir
existing abandoned underground pipes and conduits, existing headwalls, rip-rap, traffic sig
other existing features which interfere with the work, whether or not such items are called ou
plans or in the specifications for removal.
300-1.4 Payment. modify as follows: Payment for Clearing and Grubbing shall be mad
contract lump sum price for clearing and grubbing and no other payments will be made.
0
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and s
of suitable material, recompaction, mixing, grading for mitigation work, trenching and back
storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid
clearing and grubbing, all cut and fill including removal and recompaction of unsuitat
salvaging clean excavated material and filling areas to the required grades and cross
Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Uncl
excavation shall also include scarification and moisture adjustment and compaction of the
mm (1”) of subgrade in the roadway prism to 95 percent relative compaction. , wetland rn
grading and attendant work, export of remaining excess material to a disposal site or si
acquired by the Contractor and pumping and disposal of pumped water.
300-2.2.1 General. add the following: Alluvial and colluvial removal and recompactic
consist of excavating, blending and recompacting loose soils in areas that are designated to
fills. The existing loose soils shall be removed until a firm unyielding surface is exposed
depth determined by the Engineer. If the excavated material contains 4% more water t
optimum moisture content the Contractor shall blend the wet soil with soils having a lower r
content and/or spread the excavated material in a manner that enables the material tc
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~Sll08l!38 Contract No. 351 1 Page f
optimum moisture content. The cost of spreading and/or drying shall be included in the con1
price for removal and recompaction. The excavated material shall be placed and comp
accordance with section 3004 of the specifications except that section 300-4.9, Measurem
Payment, shall not apply.
300-2.2.1 General. add the following to the first paragraph: Such direction may include, b
limited to, directing the Contractor to blend, adjust moisture content of, rework, and place ur
soils at specific locations or elevations on the site.
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacc
fill, alluvium, and colluvium may exist within portions of the Project site. Where requirec
Engineer, such compressible soils shall be removed from areas to receive fill or from are
which surface improvements are to be placed. The removal and disposal of such compressi
shall be paid for at the Contract Unit Price for unclassified excavation unless it is COI
otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional
as directed by the Engineer to improve the stability of excavated cuts. The removal
excavated material shall be paid for at the Contract Unit Price for unclassified excavation un
considered otherwise unsuitable by the Engineer, in which case it will be paid for in accorda
Subsection 300-2.2.1.
300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes
located within 75 mm (0.25’) of the locations shown on the plans.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope defined as any area steeper than three horizontal to one vertical.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of al
material from the project. The Contractor shall utilize highway legal haul trucks for this E
material from the project site and to a site secured by the contractor. No earth moving equil
special construction equipment, as defined in section 565 of the California Vehicle Code
allowed for hauling material on public streets.
300-2.9 Payment. add the following: Payment for work performed under sections 300-2.: 2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable,
made for the actual labor, materials and equipment used to accomplish the work as per sec
EXTRA WORK of the specifications.
300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be or
sum basis per the amount in the proposal.
Payment for Unclassified Excavation shall include costs of surveying, staking, prepai earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment ai therefor, rework of compressible soils, slope rounding, grading, stockpiling, access road, te
detour roads, earthen swales and drainage channels as shown on the drawings or require contract documents.
Add the following section:
300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below sti
within the roadway and sidewalk areas shall be finished within 30 mm (0.1’) of the grades s
the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPW(
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300-2.2.1.
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W/O8/98 Contract No. 351 1 Page
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 General. add the following: The Contractor shall excavate to the lines and levels
and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, p
and planking required. The Contractor shall excavate and maintain the bottom of all trenc
condition that is level, firm, clean and free from all debris or foreign matter. Excavations
kept free from water at all times. The Contractor shall remove any unsuitable material encc
below grade as directed by the Engineer.
300-3.6 Payment. Add the following:
excavation and no additional compensation will be made therefor
300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section
“Compaction”, areas proposed for improvements all fill (including backfill and scarified
surfaces) shall be compacted to no less than 90 percent of maximum dry density as deter1
accordance with ASTM Test Procedure D1557-91.
300-4.5 Placing Materials for Fills. add the following: Grading shall be performed such
upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly cot
low expansive soils. The more highly expansive soils shall be placed in the deeper fill ar
properly compacted or exported from the site. Low expansive soils are defined as those s
have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard
published by the International Conference of Building Officials. Should insufficient soils met
requirement of an expansion index of 50 or less be present within the limits of work, soils of 1
expansion index that are available within the limits of work shall be incorporated in the up
mm (3’) of fill placed in the roadway.
Rock encountered in the excavation shall be broken into particles of less than 75 mm (3”). I
with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be
that construction equipment can be operated in such a manner that the larger pieces will br
into smaller particles and become incorporated with the other materials in the layer
requirement for particle size reduction does not apply to cobbles, small boulders, and SK
rocks found within the surface soils and formational materials. Rocks having any dimensior
than 460mm (18”) shall not be incorporated into the fill. Oversize material which cannot be
for erosion mitigation or landscaping onsite shall be removed from the site by the Contract0
exceeding 150 mm (6”) in diameter shall not be placed in the upper 900 mm (3’) of any fill
there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall bc
with sufficient room between them so that intervening voids can be adequately filled c
material to form a dense, compact mass. If disposed of within the City of Carlsbad, a z
grading permit will be required for disposal of rock.
300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisture
no less than one (1) percent below optimum moisture as determined by ASTM test D-I 557-9
300-4.7 Compaction. add the following: Fill soils placed within the top 1 m (3’) of I
subgrade shall be compacted to a minimum of 95 percent relative compaction. On all slope
receive planting, the top 150 mm (6”) shall be compacted to 85% to allow for plant growth.
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Dewatering shall be paid for as an incidental to unc
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W/08/98 Contract No. 351 1 Page
300-4.8 Slopes. add the following: Compaction Feathering of fill over the tops of slope:
be permitted. The face of fill slopes shall be compacted with a sheeps foot roller at vertical
no greater than 600 mrn (2’) or shall be built and cut back to finish grade. In addition, if not c
and cut back, the face of the slope shall be track walked upon completion.
300-4.9 Measurement and Payment. delete and substitute the following: Unclass
grading, shaping, compacting or consolidating, slope rounding, construction of transitions
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as i
unclassified excavation, and no additional payment will be made therefor.
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GRADIN
GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. Erosion control and water pollution control shall conform to the requi
shown on the plans, specified herein, and as elsewhere required by the Contract Doc1
Erosion control and water pollution control shall include the work specified herein, ai
additional measures, as may be directed by the Engineer, to meet Best Management Prac
defined herein, and to properly control erosion and storm water damage of the limits of M
construction impacts upon areas receiving drainage flows from within the limits of work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas within the limits of w
erosion. Said protection shall include areas that have been graded and/or cleared and gru
well as areas that have not been graded and/or cleared and grubbed. The Contractor shall
temporary earth berms, gravel bags, silt fence, stabilized construction entrance and
measures, coordinated with its construction procedures, as necessary and as shown on the
control on site and off site erosion during the construction period. The Contractor will be rec
protect areas which have been cleared and grubbed prior to excavation or embankment opr
and which are subject to runoff during the duration of the contract. The criteria used to dt
the appropriate erosion control measures shall be the “Best Management Practices”, he
BMP, defined and described in the, “California Storm Water Best Management Ha
Construction Activity”, March 1993 as published by the Storm Water Quality Task Forc
Contractor shall maintain a copy of the ‘California Storm Water Best Management Ha
Construction Activity”, March 1993 edition on the project site and shall conduct its open
conformity to said Handbook.
Temporary erosion control measures provided by the Contractor shall include, but not be lir
the following:
a) Embankment areas, while being brought up to grade and during periods of completion
final roadbed construction, shall be graded so as to direct runoff into impoundment are;
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 si1
downstream facilities and adjacent areas. These measures shall include, but shall not bc
to: temporary down drains, either in the form of pipes or paved ditches with protecte
berms; graded berms around areas to eliminate erosion of embankment slopes by surfac
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 I siltation of downstream facilities and adjacent areas by the use of BMP measures
measures shall include, but shall not be limited to, methods shown on the plans and dc
herein
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Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution
conforming to the operational requirements herein, of the BMP and conforming to the requi
of the Federal Water Pollution Control Act, including the latest amendments thereto, which
part of the planned permanent work or included as a separate bid item shall be consid
included in the contract price bid for unclassified excavation, and no additional compensatioi
allowed therefor.
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300-1 1 STONEWORK FOR EROSION CONTROL.
300-1 1.4 Payment. delete and replace as follows: Rock protection will be paid for at the lu
contract Price Bid for rock protection, complete and in place, in accordance with the det
requirements of the plans and specifications.
300-13 ROCK SLOPE PROTECTION FABRIC.
Add the following section:
300-13.1 Preparation of Subgrade. Prior to placing rock slope protection fabric, the z
upon or against which rock slope protection fabric is to be placed shall be free of loose or exti
material and sharp objects that may damage the fabric during installation. Equipment or i
shall not be operated or driven directly on the rock slope protection fabric. Rock slope pr
fabric damaged during placement shall be replaced or repaired, by the Contractor at its expc
directed by the Engineer.
Add the following section:
300-13.2 Placement. Rock slope protection fabric shall be placed prior to placing roc
protection. Rock slope protection fabric shall conform to the provisions in Section
"Geotextiles," and shall be placed in accordance with the details shown on the plans and as s
herein. Rock slope protection fabric shall be handled and placed in accordance v
manufacturer's recommendations and as directed by the Engineer. Rock slope protectio
shall be placed and fitted loosely upon or against the surface to receive the fabric so that tt-
conforms to the surface without damage when the cover material is placed. Rock slope pr
fabrics shall be joined, at the option of the Contractor, either with overlapped joints or
seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric :
overlapped not less than 610 mm (24). The fabric shall be placed such that the fabric bein<
shall overlap the adjacent section of fabric in the direction the cover material is being placec
the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting
The size and composition of the yarn shall be as recommended by the fabric manufactun
number of stitches per 25 mm (1") of seam shall be 6 * 1. The strength of stitched seams
the same as specified for the fabric, except when stitched seams are oriented up and down
the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric di
beyond repair, as determined by the Engineer, shall be replaced. Repairing damaged fab
consist of placing new fabric over the damaged area. The minimum fabric overlap from the
the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damage
are joined by stitching, the stitched joints shall conform to the requirements specified herein.
Add the following section:
300.13.3 Measurement and Payment. Payment for rock slope protection fabric will be i
in the unit and/or lump sum prices for items which have said fabric in their design and no a(
payment will be made therefor.
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p'@1/08/98 Contract No. 351 1 Page i
303 - CONCRETE AND MASONRY CONSTRUCTION.
303-1 CONCRETE STRUCTURES
0 303-1.6.2 Falsework Design. add the following: Temporary bracing shall be prov
necessary, to withstand all imposed loads during erection, construction, and removal
falsework. The falsework drawings shall show provisions for such temporary bracing or me
be used to conform to this requirement during each phase of erection and removal. Wind lo:
be included in the design of such bracing or methods. Camber strips shall be used where
by the engineer to compensate for falsework deflections, vertical alignment, and an
falsework deflection. The Contractor will furnish calculations substantiating the amount of ci
be used in constructing the falsework.
Add the following section:
303-7 Reconstruct Platform Edgebeams. Existing platform edgebeams shall be rem0
reconstructed as shown on the plans and in accordance with the requirements of these
provisions.
Removal shall be performed in such a manner as to minimize damage to the remaining struc
provide for incorporation of existing platform steel into the new edgebeam framework. The
shall be defined by sawcuts in the existing concrete as shown on the plans.
303-7.1 Portland Cement Concrete. Concrete shall conform to the applicable provi
Section 201-1, “Portland Cement Concrete,” of the Standard Specifications. Concrete shall I
565-C-325OP and shall be air entrained. Air content shall be 4 percent.
303-7.2 Epoxy-Coated Reinforcement. All new bar reinforcement in platform edgebeams
epoxy coated.
Epoxy-coated reinforcement shall conform to applicable provisions in Section 201 -2, “Reinfc
for Concrete,’’ of the Standard Specifications and Section 201 -2.4.5 of these special provisior
Epoxy-coated reinforcement shall be covered with an opaque polyethylene sheeting or other
protective material to protect the reinforcement from exposure to sunlight, salt spray and \n
For stacked bundles, the protective covering shall be draped around the perimeter of the sta
covering shall be adequately secured; however, it should allow for air circulation aro
reinforcement to prevent condensation under the covering. Epoxy-coated reinforcement sh;
stored within 1,000 feet of ocean or tidal water for more than two months.
Existing platform reinforcement included in the new work shall be coated with epoxy
material as specified in Section 201 -2.4.5 for damaged reinforcement. All reinforcing surfac
be coated.
303-7.3 Reset Platform Railing. Existing steel platform railing shall be temporarily rl
modified, and reset in conjunction with constructing new concrete edgebeams. Attention is
to cleaning and painting elsewhere in these special provisions.
303-7.4 Miscellaneous Metals. New hardware for resetting metal railing and stairway
shall conform to the provisions in Section 206-1, “Structural Steel, Rivets, Bolts, Pins, anc
Bolts,” of the Standard Specifications.
303-7.5 Measurement and Payment. Reconstruction of platform edgebeams will be paid
contract lump sum basis.
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The contract lump sum price paid for reconstructing platform edgebeams shall inc
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for
the work involved in constructing new edgebeams, complete in place, including
modification, and replacement of existing platform railings, removal of existing edgebeams
coated reinforcement, and miscellaneous metals as shown on the plans, as specified in the :
Specifications and these special provisions.
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SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless o
noted on plans, all existing abandoned pipelines and conduits of any type or use and pipel
conduits of any type or use that are abandoned during the course of the work are to be remc
replaced with properly compacted soils.
Payment for removal and disposal of abandoned utilities shall be included in the lump-sur
Clearing and Grubbing, and no additional payment will be made.
SECTION 310 - PAINTING
Add the following section:
310-6 Seal Concrete Surfaces. Seal concrete surfaces shall consist of cleaning and F
sealant on new exposed and existing concrete surfaces including stairway treads as spe
these special provisions.
Concrete surfaces to be sealed shall be cleaned by methods that includ light abrasive bl
accordance with the sandblasting requirements in Section 303-1.8.6, “Joints,” of the !
Specifications.
Cleaning shall remove all dirt, sand, debris and other deleterious material including rei
existing cement matrix sufficient to expose the fine aggregates with minimal exposure of thl
aggregates.
Attention is directed to the regulations for abrasive blasting operations by the State Air Rt
Board, Subchapter 6 in Chapter 1, of Part Ill of Title 17, California Code of Regulations.
After cleaning, the concrete surface shall be air blown to remove loose surface materiz
concrete surface shall be dry when sealant is applied.
Concrete sealant shall be applied only during periods of weather as recommended
manufacturer, except that the sealant shall be applied only when the atmospheric tempe
between 40°F and 100°F when wind velocity is less than 5 miles per hour. The applil
concrete sealant shall conform to the manufacturer’s recommendations.
One flood coat of sealant shall be applied to the concrete surface at the coverage
approximately I00 square feet per gallon. The sealant shall be applied using an airless spri
20 psi pressure, maximum. The sprayer shall be equipped with a calibrated pressur
showing the pressure during the spraying operation. For small areas, if approved by the E
rollers may be used to apply the sealant.
Subject to written approval of the Engineer, the Contractor may provide suitable enclosures
concrete sealing during inclement weather.
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W1/08/98 Contract No. 351 1 Page
Approximately 24 hours after placement of the concrete sealer, the Contractor shall u
dampen the treated concrete surface using a fine water spray. The spray shall be suff
completely wet the surface without causing excessive runoff.
After 5 days following sealant application, if required by the Engineer, the Contractor shz
designated sealed concrete surfaces with a fresh water spray to verify sealant coverage. :
determined to lack sufficient sealant coverage shall be resealed.
310-6.1 Measurement and Payment. Seal concrete surfaces will be paid for on a lump sur
The contract lump sum price paid for seal concrete surfaces shall include full compens;
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work ink
sealing the concrete surfaces, complete in place, including cleaning and spraying sealed !
with water, as specified in the Standard Specifications and these special provisions.
Add the following section:
310-7 Clean and Paint Metal Railing. New and existing metal railing shall be cleaned and
in accordance with the applicable provisions in Section 210 “Paint and Protective Coatings
Standard Specifications and these special provisions.
Cleaning shall be by hand cleaning methods as specified in Section 31 0-2.2 “Hand Cleaninc
Standard Specifications.
Areas of existing railing exposing base metal after cleaning and all new railings shall be p
accordance with the requirements for painting structural steel in Section 31 0-5.1 “Painting S
Steel,” of the Standard Specifications.
The paint shall conform to Section 210-1.4.1 “Paint Materials,” of the Standard Specificati
these special provisions.
The final coat shall be applied after the metal railings have been set and/or reset.
310-7.1 Measurement and Payment. The contract lump sum for clean and paint raili
include full compensation for furnishing all labor, materials, tools, equipment, and incidentals
doing all the work involved in cleaning and painting the metal railing, as specified on the :
Specifications and these special provisions.
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aS 1/08/98 Contract No. 351 1 Page
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DFFICIfft RENRCIS SA) DIE63 Cfl!j)ff'f @GflR&L; I 3 ijFg CiF;EGgrf J. S~ITHy @!#fV Fx!JWDE FEES: 1.80