HomeMy WebLinkAboutSean Malek Engineering; 2002-05-16; 3851DOC # 2003-1020980
Recording requested by:
CITY OF CARLSBAD 6*
When recorded mail to:
*.." "i Out3 211 2003 1~39 PM
OFFICIAL Rm#D5 SAN DIEGO COUHTY REMRDER'S OFFICE GREWRY J. SHIM, REMRDER FEES: 0.00
- City of Carlsbad 1
1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is herebv given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on November
1,2002.
The name of the contractor for such work of improvement is Sean Malek Engineering and
Construction, Inc.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Chestnut Avenue Parkway
Improvements, Project No. 3851.
CITY OF CARLSBPD
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008. The City Council of said City on August 19 , 2003, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 20 , 2003, at Carlsbad, California.
CITY OF CARLSBAD
LORRAINE M. MOD
AB 17,285
Reso 2003-220
8-19-03
City Clerk
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The developer has constructed the improvements required for Project No. CT 99-02 Poinsettia Properties PA7, Agreement Number SECA9934, Drawing Number 382-5 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Streets $767.553
Street Lights $31,500
Storm Drains $397,832
Sewer $429,359
Water $359,884
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
9- /B- zl, 3
Date
CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby
accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described imp rovemen ts.
RAYMOND R. PATCHETT, City Manager
APPROVED AS TO FORM:
+&&22&
Ball, City Attorney
Word\Masters\Fo~\ceptance d Public Improvements (City) 3/9/98
CITY OF CARLSBAD
San Diego County
California
CONTRACT DQCUMENTS AND
SUPPLEMENTAL PROVISIONS
,-
FOR
911 1/00
r TABLE OF CONTENTS & Paae
.. Notice lnvltlng Bids .................................................................................................................. 6
Contractor's Proposal .............................................................................................................. 10
Bid Security Form .................................................................................................................... 15
Bidder's Bond To Accompany Proposal ................................................................................... 16
Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's
Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor
Work" Forms ..................................................................................................................... 18
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .............................. 20
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work .......... 21
Bidder's Statement Of Financial Responsibility ........................................................................ 22
Bidder's Statement Of Technical Ability And Experience ......................................................... 23
. Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
Liability And Workers' Compensation ...................................................................................... 24
Bidder's Statement Of Re Debarment ...................................................................................... 25
Bidder's Disclosure Of Discipline Record ....................................................................... 26
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ............................ 28
Contract Public Works ............................................................................................................. 29
Labor And Materials Bond ....................................................................................................... 35
Faithful PerformanceMlarranty Bond ....................................................................................... 37
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ................................... 39
Contract No . 3851 9/11/00
SUPPLEMENTAL PROVISIONS .
Part 1 General Provisions
,"
,"
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-4
Section 6
6-1
6-2 6-6
6-7 6-8
6-9
Section 7
7-3
7-4
7-5
7-7 7-8
7-1 0
7-1 3
Section 9
9- 1
9-3
Terms. Definitions Abbreviations And Symbols
Terms ..............................................................................................................
Abbrevlatlons
Definltlons
Scope And Control Of The Work
Subcontracts .................................................................................................... Contract Bonds ................................................................................................
Plans And Specifications .................................................................................
Surveying .........................................................................................................
Authority Of Board And Engineer .....................................................................
Changes In Work
Changes Initiated by the Agency .....................................................................
Extra Work .......................................................................................................
Changed Conditlons
Disputed Work .................................................................................................
Control Of Materials
Materials And Workmanship ............................................................................
.. ........................................................................................................ .. ...................................................................................................
.. ........................................................................................
Materials Transportation, Handling and Storage ...............................................
Utilities
Location ...........................................................................................................
Relocation ........................................................................................................
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work .....................................
Prosecution Of Work ........................................................................................
Delays And Extensions Of Time ......................................................................
Time of Completion ..........................................................................................
Completion And Acceptance ............................................................................
Liquidated Damages ........................................................................................
Responsibilities Of The Contractor
Liability Insurance ............................................................................................
Workers' Compensation Insurance ..................................................................
Permits ............................................................................................................
Cooperation and Collateral Work .....................................................................
Project Site Maintenance .................................................................................
Public Convenience And Safety .......................................................................
Laws To Be Observed .....................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work ..............................................
Payment ..........................................................................................................
42
42
43
44
44
45
46
50
51
51
52
53
55
56
56
57
57
62
63
63 63
64
64
64
64
65
65
65
70
70
70
Contract No . 3851 911 1/00
rc Part 2 Construction Materials
200-2
Section 200 Rock Materials
Untreated Base Materials ............................ ....................................................
Section 201 Concrete, Mortar And Related Materials
201-1
201 -3
Portland Cement Concrete ......................... ....................................................
Expansion Join Filler .... . ..... , ..... ...... ... . ...... .. .... ... ......... .. ......... ... ... . ... .. , ... .
Section 203 Bituminous Materials
203-6 Asphalt Concrete .......................................... ....................................................
Section 204 Lumber And Treatment With Preservatives
204-1
204-3 Lumber And Plywood ................................... .....................................................
Wood Fencing and Framing ...................................................................
75
Section 206 Miscellaneous Metal Items
206-7 Traffic Signs .................................................. ....................................................
Section 212 Landscape And Irrigation Materials 212-1
21 2-2 Landscape Materials .................................... .....................................................
21 2-3
Irrigation System Materials .......................... ....................................................
Electrical Materials ......................................... ....................................................
rc
215
Section 215 Unclassified Fill
Unclassified Fill ............................................ ....................................................
PART 3 Construction Methods
Section 300 Earthwork
300-1 Clearing And Grubbing ....................................................................................
300-2 Unclassified Excavation ....................................................................................
300-4 Unclassified Fill .................................................................................................
Section 303 Concrete And Masonry Construction. 303-1 Concrete Structures ...........................................................................................
305-3
Section 305 Pile Driving and Timber Construction
Fence Construction ...........................................................................................
306-1
306-5 Abandonment Of Conduits And Structures .......................................................
Section 306 Underground Conduit Construction
Open Trench Operations ..................................................................................
Section 308 Landscape And Irrigation Installation
308-2
308-4 Earthwork And Topsoil Placement ....................................................................
Planting .............................................................................................................
73
73
73
74
75
77
79
82
83
86
88
90
92
93
94
95
98
98 101
Contract No. 3851 9/11/00
308-5 Irrigation System Installation ............................................................................. 104
3086 Maintenance And Plant Establishment .............................................................. 107
308-7 Guarantee ........................................................................................................ 108
Section 310 Painting ................................................................................ 31 0-5
31 0-7
Painting Various Surfaces 109
Permanent Slgmng Nn .. ...........................................................................................
Contract No. 3851 911 1/00
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO P.M. on March 7, 2002. the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: The work includes the construction a
gravity retaining wall, privacy fencing, landscaping and irrigation along Chestnut Avenue west of El
Camino Real.
CONTRACT NO. 3851
Chestnut Avenue Parkwav ImDrovements
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the (Ensineerina) Department. The
specifications for the work include the Standard SDecifications for Public Works Construction,
Edition, and suwlements thereto all hereinafter designated "SSPWC as issued by the Southern
California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract. Reference is hereby made to the plans and specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
The bidder's security of the second and third next lowest responsive bidders may be withheld until Department. Each bid must be accompanied by security in a form and amount required by law.
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
securities to be deposited with the City or a state or federally chartered bank in California as the
performance under this Contract. section 10263 of the Public Contract Code requires monies or
the agent in connection with the handling of retentions under this section in an amount not less than
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
$100,000 per contract.
The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
Page 6 of 110 Page Contract No. 3851 911 1/00
2. Bidder's Bond
1. Contractor's Proposal
3. Non-Collusion Affidavit
4. Designation of Subcontractors
5. Designation of Owner Operator/Lessors &
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and
and Amount of Subcontractor Bid
Amount of Owner OperatodLessor Work
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this
contract. 10.Bidder's Statement Re Debarment 11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
$50.000
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted
shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
Where federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
funds. The following classifications are acceptable for this contract: A General Engineering.
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
" If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of Twenty five Dollars ($25.00) per set. If plans and specifications are to
be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
and specifications may submit to the Engineer a written request for clarification or correction. Any
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
response will be made only by a written addendum duly issued by the Engineer a copy of which will
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
be mailed or delivered to each person receiving a set of the contract documents. No oral response
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
_- The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
Contract No. 3851 9/11/00
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site, will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($10,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend
in full force and effect and be retained by the City until they are released as stated in the
carrier admitted and authorized to transact the business of insurance in California and whose assets
Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance
to be accompanied by the following documents:
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
/~
.- Insurance is to be placed with insurers that:
2) Are admitted and authorized to transact the business of insurance in the State of California by
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
the Insurance Commissioner.
m p,# Page 6 of 110 Page Contract No. 3851 9/11/00
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
.-
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-375,
adopted on the 18Ih day of December, 2001.
."-
Contract No. 3851 911 1/00
It
I CITY OF CARLSBAD
CONTRACT NO. 3581
Chestnut Avenue Parkwav Improvements
CONTRACTORS PROPOSAL
I City Council City of Carlsbad c
t
I
I
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3581 in accordance with the Plans, Specifications.
Supplemental Provisions and addenda thereto and that helshe will take in full payment therefor the
following unit prices for each item complete, to wit:
BID SCHEDULE
Item - No. Descriotion
Approximate
Quantity Unit
and Unit - Price Total
I
s
C s
1
1 Mobilization at LS $ 5,000.00 $5,000.00
Five Thousand & Zero
Cents
Dollars (Lump Sum)
2 Clearing and Grubbing at LS $ 3,000.00 $3,000.00 Three Thousand & Zero
Cents t
Dollars (Lump Sum)
3 Unclassified Excavation at LS $ 5,000.00 $5,000.00 Five Thousand & Zero
Cents
Dollars (Lump Sum)
4 Construction schedule at LS $3.000.00 $3.000.00
Three thousand
Dollars (Stipulated Lump
Sum) 5 Gravity Wall at Sixtv
~.
275 LF $ 60.00 ~Ai5muul
U.' ~
Dollars (Lineal Foot)
Contract No. 3851 9/11/00
Item - No. 6
7
8
9
10
11
Approximate
Quantity Unit
Wood Fence at
DescriDtion and Unit __ Price
380LF $ 20.00
Total
Twenty $ 7.600.00
Dollars (Lineal Foot)
2" Water Service to existing 1 EA $ 6,000.00 $ 6,000.00
pipeline at
Six
Dollars (Each)
1" Irrigation Meter Including 1 EA $ 5,000.00 $5.000.00
fees and capacity charges
Five Thousand
Dollars (Each)
Landscaping Complete at Eight Thousand.
Dollars (Lump Sum)
90day Maintenance at
Three Thousand
Dollars (Stipulated Lump
Sum)
LS $ 8,000.00 $ 8,000.00
LS $3,000.00 $3.000.00
Irrigation System Complete at LS $ 9,000.00 $9,000.00 Nine Thousand
Dollars (Lump Sum)
Total amount of bid in words for bid items 1-11:Seventv one thous--d and No Cents
Total amount of bid in numbers for bid items 1-11: $ 71 ,I no -no I
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). hashave been received and islare included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
Contract No. 3851 9/11/00
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
t
license number 5 3 5 0 0 9
4 / 3 0 / 200 2 , and that this statement is true and correct and has the legal effect of
, classification A & B which expires on
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3 201 04.
The Undersigned bidder hereby represents as follows:
interested, directly or indirectly. in this Contract, or the compensation to be paid hereunder; that no
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
hidher to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is 1 0% Bidder ' s Bond (Cash, Certified Check, Bond
or Cashier's Check) forten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
Contract No. 3851 911 1/00
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
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
PRESIDENT
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of CALIFORNIA
(4) Place of Business 3772 BRENNAN AVE. (Street and Number)
City and State PERRIS, CALIFORNIA
(5) Zip Code 9 2 5 7 1 Telephone No. (909)943-2548
a Page 13 of 110Page Contract No. 3851 911 1/00
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
SEAN MALEKZADEH. PRESIDENT, SECRETARY, TREASURER
SOHEILA MALEKZADEH, VICE PRESIDENT
a Page 14 of 110 Page Contract No. 3851 9/11100
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside I ss.
On3/13/02, before me, Retha Sue Huffiman, Notary Public, personally appeared Sean Malekzadeh,
personally known to me to he the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf which the person acted, executed the
instrument.
SS my hand and official sed
OPTIONAL
Description of Attached Document
Title or Type of Document: Proposal
Document Date: March 7,2002
Number of Pages: 5
Signer(s) Other Than Named Above: No other signer notarized.
Capacity(ies) Claimed by Signer
Signers Name: Sean Malekzadeh
OIndividd
GICorporate Officer - Title@): President, Treasurer & Secretary
OPartner - OLimited or OGeneral
OAttorney in Fact
OTrustee
OGuardm or Conservator
OOther:
Signer Is Representing: Sean Malek Engineering and Construction
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3851
Chestnut Avenue Parkwav Improvements
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
19
BIDDER
*Delete the inapplicable ward
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
@ Page 15 of 110 Page Contract No. 3851 9/11/00
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 3851
Chestnut Avenue Parkwav Improvements
KNOW ALL PERSONS BY THESE PRESENTS: SEAN ,MALEK. ENGINEERING GENERAL INSURANCE That w8, AND CONSTRUCTION, INC. , as Principal, and COMPANY OF AMERICA ,
as Surety are held and flrmiy bound unto the City of Carlsbad, Californla, in an amount as follows:
(must be at least ten percent (10%) of the bld amount) TEN PERCEWr OF mAL BID for whlch
payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successor6 or assigns, jointly end severally. firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Princlpal for:
Chestnut Avenue, Contract No. 3851
execute a Contract includlng requlred bonds and insurance policies within twenty (20) days from the
in the City of Carlebad, is accepted by the Clty Council, and If the Prlnclpal shall duly enter into and
date of award of Contract by the City Council of the Clty of Cerlsbad, belng duly notified of sald
award, then this obllgation shall become null and void; otherwise, It shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the sald City.
I..
I.. ... ... ... ... ..,
. .. ...
... . .. ...
..I
... ...
. ..
a Paae 16 of 110 Page
.. , ..
r.
Contract NO. 3861 Q/ll/OO
.
in the event Prlncipal executed thls bond as an Individual, it is agreed that the death of Principal - shall not exonerate the Surety from its obllgations under this bond.
Executed by PRINCIPAL this day of FEBRUARY ,20=.
.:. .
Executed by SURETY this 11 TH day
of FEBRUARY I 20".
SURETY:
GENERAL -INSURANCE COMPANY
pp L(i onf
(Tltie and Organization of Signatory)
OF AMERICA
SANTA ANA, CA 92705
2677 N. MAIN ST., #600
(name of Surety)
(address of Surety) -
By: _.
(sign here) (714) 437-3047
(telephone number Ot Surety)
(print name here) By: /-/-
(signature of Attorney-In-Fact)
(title and organization of signatory) DWIGHT REILLY
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgmen! of execution by PRINCIPAL and SURETY must be attached.)
one officer signs, the wrporatlon must attach a resolution certified by the secretary or assistant
(Presldent or vice-president and secretary or assistant secretary must sign for corporations. if only
secretary under corporate seal empowerhg that ofticer to bind the corporatlon.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By;
..
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..
@ Pane 17 of 110 Page .. Contract No. 3851 9/11/00
acled, execyled Ihe Inslrumenl.
De6crlpllon 01 AIl.aclled Docuntetil
lllle or Type 01 Documenl: BID BOND
Slgner(e) Olller Tllon Named Above: NONE
Capsclly(lee) Clnl~ned by Signer
0 lndlvlduel
elgner*e N~~~~: DWIGIIT
,I. : ::I 0 Corporals Olllcer -Tllle(s):
0 Psrlner-0 Llmlled 0 Qeneral .
0 Truslee
El Allorney In Facl
0 Quardlen or Conservelor
0 Olller:
Slgner 1s Represenllrig: -N.CLCW-mL
. :]I
!I 'I;
snmco INSUMNCE COMPANY OF AMERIC.
. ,. * A E O" OF ATTORNEY
POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
.- No. 9932
KNOW ALL BY THESE PRESENTS
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corparatian. does each hereby
appoint ................................................................................................................................................
its true and lawful anorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a Similar character
issued in the course of its business, and to bind the respeclive mmpany thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
anested these Dresents
this 18th day Of May , 2000
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Article V, Section 13. - FIDELITY AND SURETY BONDS .., the President, any Vice President, the Secretary, and any Assistant Vice President appointed far that
purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate tities with authority to
execute on behalf of the campany fidelity and surety bonds and other documents of similar character issued by the mrnpany in the murse of its business ... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument mnfening such authority or on any band or - undertaking of the mmpany. the seal, or a facsimile thersaf, may be impressed or affixed or in any other manner reproduced; provided, however. that the seal shall not
be necessary to lhe validity of any such instrument or undertaking."
Extract from a Resolution of the Board ofoirecton of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28.1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(i) The provisions of Article V. Section 13 of the By-Laws, and
(iii) Certifying mat said powersf-anmey appointment is in full farce and effect.
(ii) A mpy of the power-of-anmey appointment, executed pursuant thereto, and
the signature of the cetiiing officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I. R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certii that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these mrparations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By-Laws. the Resolution and the Power of Anomey are still in full farce and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said mpration
this 11TH dayof FEBRUARY ,2002
.-Rd~ar-
R.A. PIERSON, SECRETARY
S-09741SAEF 7198 @Registered trademark at SAFECO Corporation.
smmo PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside I ss.
On 3/7/02, before me, Retha Sue Huffinan, Notary Public, personally appeared Sean Malekzndeh,
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf which the person acted, executed the
mstnunent.
WITNESS my hand and official seal.
OPTIONAL.
Description of Attached Document
Title or Type of Document: Bid Bond
Document Date: February 11,2002
Number of Pages: 2
Signer(s) Other Than Named Above: No other signer notarized.
Capacity(ies) Claimed by Signer
Signers Name: Sean Malekzndeh
OIndividual
OCorporate Officer - Title@): President, Treasurer 81 Secretary
OPartner - ULimited or OGeneral
UAttomey in Fact
OTrustee
OGuardm or Conservator
UOther:
Signer Is Representing: Sean Malek Engineering and Construction
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS".
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
SSPWC and section 2-3.1 of these Supplemental Provisions,
Operator/Lessor," Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the L
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
are not included in computing the percentage of work proposed to be performed by the Bidder.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or
render service in or about the work or improvement, and every subcontractor or Owner
Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to
specially fabricate and install any portion of the work or improvement according to detailed drawings
contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's ,
total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of
business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of ,
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to. compute the
percentage of the work performed by Subcontractors or Owner OperatorslLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including .
Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's Owner Operator/Lessor's Overhead 8, Profit " unless the dollar amount of all work performed by any
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract
Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item
that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work SO
Contract No. 3851 9/11/00
installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column.
,
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When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
subcontractor or designation of Owner OperatodLessor forms as applicable. The explanation sheet less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
Contract No. 3851 911 1/00
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 3851
Chestnut Avenue Parkwav Improvements
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100 bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
Street Address
City State Zip
'Subcontractor's Telephone Number including Area Code: ( 1 -
*Subcontractor's California State Contractors License No. and Classification:
'Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS*
ExDlanation: Column 1 -Bid Item No. from the bid proposal. pages NN through NN, inclusive. Column 2 -The dollar amount of the item to be performed by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid PmpoSal Subcontractor's forces on the item.
pages NN through NN. inclusive.
Page of pages of this Subcontractor Designation form
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CONTRACT NO. 3851
Chestnut Avenue Parkwav Improvements
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in
the portions of the Work as designated in the list in accordance with applicable provisions of the preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform
specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting
allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be
Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Busiess
Street Address
city state zip
*Owner Operator/Lessor Telephone Number including Area Code: ( ) -
'Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
Amount of Contractor's
Item Performed by Overhead & Profit In Bid
Including Owaer Contractor Excluding Item
Owner OperatorlLessor's forces on the item. ~otal dollar amount of Columns 2, 3, and 4 must be equal to the doliar amount in the bid price of the item on bid PmPosal
pages NN through NN, inclusive.
Page of pages of this Owner Operator/Lessor form
a +$ Page 21 of 110 Page Contract No. 3851 9/11/00
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
CONTRACT NO. 3851
(To Accompany Proposal)
Chestnut Avenue Parkwav Improvements
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
SEAN MALEK ENGINEERING & CONSTRUCTION, INC.
Financial Statements
June 30,2001
WILLIAM C. JOHNSON
Cerfified Public Accounfanf
Menflee Volley. Coiiiomlo
24920 Bemei street
(9091 244-3822
October 22,2001
To the Board of Directors of
Sean Malek Engineering and Construction, Inc.
3772 Brennan Avenue
Perris, CA 925 17
I have compiled the accompanying balance sheet of SEAN MALEK ENGINEERING
AND CONSTRUCTION, INC., a California Corporation, as of June 30,2001, and the
related statements of income and retained earnings for the six months then cnded, in
accordance with Statements on Standards for Accounting and Review Services issued by
the American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial statements information that
is the representation of management. I have not audited or reviewed the accompanying
financial statements, and accordingly, do not express an opinion or any other form of
assurance on them. However, I did become aware of a departure from generally accepted
accounting principles that is described in the following paragraph.
A statement of cash flows for the six months ended June 30,2001, has not been
presented. Generally accepted accounting principles require that such a statement be
presented when financial statements purport to present financial position and results of
operations.
William C. Johnson, C 6 A
I Mailing Address: P. 0. Box 610, Sun City, CA 92586-0610 I
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SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
BALANCE SHEET
JUNE 30,2001
(Unaudited)
ASSETS
Current Assets:
Cash (Note 4)
Project Receivables - Billed (Note 5)
Short-term Investments
Project Receivables Unbilled (Note 5)
Employee Advances
Deposits
Total Current Assets
Fixed Assets:
Land
Building
Trucks & Automobiles
Equipment
Accumulated Depreciation (Note 3)
Net Fixed Assets
Other Assets:
Loans to Shareholders (Note 7)
Total Assets
Current Liabilities:
Accounts Payable (Note 8)
Project Rcccivahlcs - Billed in Advance (Note 5)
Accrued Expenses
Worker's Comp. Payable
Accrued Income Taxes (Note 2)
Deferred Income Taxes (Note 2)
Total Current Liabilities
$293,614
362,7 I8
668.1 15
37,880
1 1,279
7,497
$1,381,102
968,294
80,067
2 12,709
63,722
(118,201)
LIABILITIES & EQUITY
$331,146
663,796
1.226
49,367
7,928
299,809
306.591
366,490
$2,054,183 -
$1,353,271
Equity:
Common Stock $1,000 Stated Value, 50,000 authorized,
Retained Earnings:
20 Shares issued (Note 6) $20,000
Appropriated Retained Earnings (Note IO) $500,000
Unappropriated Retained Earnings 180,912
Total Retained Earnings 680,912
Total Equity 700,912
TOTAL LIABILITIES & SHAREHOLDER'S EQUITY - $2 054 183
THE ACCOMPANYING LETTER AND NOTESARE 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
FOR THE SIX MONTHS ENDED JUNE 30,2001
(Unauditcd)
Ineome:
Construction Income
Cost of Sales:
Subcontractors
Materials & Supplies
Wages
Equipment Rental
Bond Expense
Misc. Job Expenses
Total Cost of Sales
Cross Profit
General and Administrative Expenses:
Accounting & Legal
Advertising
Auto Expense
Bank Charges
Bid Packages
Closed Jobs Expense
Depreciation (Notc 3)
Employee Bcnefits
Equipment Rcntal from Shareholder (Notc 7)
Insurance
Interest Expense
Janitorial
Licenses and Permits
Meals & Entertainment
Miscellaneous
Office Expense
Office Wages
Officers Salaries
Payroll Taxes
Repairs
Promotion
Seminars & Education
Telephone
Tools
Travel
Utilities
Worker's Compensation
Penalties
Total Expenses
Income from Operations
Add Other Income
Less: Unrecognized Security Losses
Net Income beforc Taxes
Less: Provision for Federal Income Taxes
Less: Provision for California lncomc Taxes
Net Income after Taxer
Retained Earning, December 3 I, 2000
RETAINED EARNINGS, June 30,2001
51.750.529
$161.836
526,552
362,112
166.983
35,625
2 1,490
I ,274,598
$475.93 1
$4,668
6.975
310
1,649
212
25,415
7.916
35.000
28,327
90
94
1,610
4,438
2,854
922
12,409
35.759
18,495
43,369
7,214
539
1,205
10,935
5,400
8,448
1,374
2 1,865
1,400
288,979
$186,952
5,400
(48.228)
$144,125
37,000
12,100
$137,852
543,060
$680912 -
THE ACCOMPANYING LETTER AND NOTES ARE AN INTEGRAL PART OF
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF
THIS STATEMENT
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SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
NOTES TO THE FINANCIAL STATEMENT
FOR THE SIX MONTHS ENDED JUNE 30,2001
(Unaudited)
The Company was incorporated in California on May 28, 1987, as Regal
Manor. It officially changed its name to Sean Malek Engineering and
Construction on March 21, 1994.
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Recoqnition of revenue - The Company recognizes income using
the percentage-of-completion method, measured by the
percentage of costs incurred over the estimated total costs for each
contract. This method is used because management considers
expended costs to be the best available measure of progress on
these contracts. Contract costs include all direct material and
subcontractor labor costs, among other applicable direct contract
costs, and those indirect costs related to contract performance,
with the exception of Equipment leased from the shareholder. This
equipment, for which a lease has been set up for $5,000 a month,
has not been allocated between jobs and appears as a general
expense on the Income Statement. Selling, general, and
administrative costs are charged to expense as incurred. On June
30, 2001 there were three jobs partially completed. Read the
Report on Supplem,entary Information letter and refer to the
Individual Job Costs summary attached to it for a detailed
breakdown on each job.
Income taxes - The Company uses the flow-through method of
accounting for tax credits, whereby the provision for income taxes
is reduced in the year the tax credits first become allowable rather
than deferring the credit over the life of the asset. There were no
tax credits in the last fiscal year.
2. INCOME TAXES
The provision for income taxes on the income statement represents
California's Franchise Tax on the current year's income and
Federal Income Taxes. The overall liability has been broken down
between (I), a payable for the underpaid taxes for the Current year.
and (2), deferred income taxes, which represent timing differences
between generally accepted accounting principles and income tax
laws.
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THIS STATEMENT L
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF. I
3.
4.
5.
6.
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
NOTES TO THE FINANCIAL STATEMENT
FOR THE SIX MONTHS ENDED JUNE 30,2001
(Unaudited)
DEPRECIATION
Depreciation is taken using a 5 year straight line method, with the
exception of the building which is depreciated using a 39 year
straight line method.
BANKING AND LINE OF CREDIT
The company maintains a working checking account at Bank of
America. The account exceeds FDIC insurance limits. On June
30,2001, the balance was $293,090, or $193,090 in excess of
these limits.
The Company has three Line of Credit accounts as follows:
Wells Fargo Bank $312,500 general
Wells Fargo Bank 75,000 equipment
Bank of America 100,000 general
All of the Line of Credit accounts were unused as of June 30,2001.
PROJECT RECEIVABLES
Project receivables includes billed and unbilled amounts on June
30.2001, based upon the actual percentage of completion of each
job on that date. Project receivables billed in excess of the
percentage of the job completed are recorded as liabilities. Office
personnel has analyzed accounts receivable previously billed, paid
invoices, accounts payable, and expected additional costs to
complete each uncompleted job. For further information refer to
the recognition of revenue section of Note 1.
COMMON STOCK
There are 50,000 shares of common stock authorized with a stated
value of $1,000 per share. Twenty (20) shares are issued and
outstanding. These are all owned by Sean Malek, President.
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THIS STATEMENT
WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF.
E I.-
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
NOTES TO THE FINANCIAL STATEMENT
FOR THE SIX MONTHS ENDED JUNE 30,2001
(Unaudited)
7. LOANS FROM STOCKHOLDEWEQUIPMENT RENTAL FROM
SHAREHOLDER
An equipment lease and corporation minutes authorize the
corporation to lease Mr. Malek's tractors and equipment for $5,000
per month. Occasionally, Mr. Malek has had the corporation pay
some of his personal bills as authorized in the minutes, rather than
take the $5,000 per month as a separate check. In addition to this,
Mr. Malek has borrowed $300,000 from the corporation for a
construction loan.
8. ACCOUNTS PAYABLE
Accounts Payable were scheduled by office personnel, and are
paid upon receipt of payment from the corresponding company job
or sooner.
9. CONTINGENT LIABILITIES
There are no known contingent liabilities as of the date of this
report.
IO. APPROPRIATED RETAINED EARNINGS
The company made two appropriations of retained earnings during
the prior year.
For the purchase of additional equipment - $250,000
For the purpose of funding start-up costs on large or
multiple jobs that the company hopes to be successful in
acquiring - $250,000
These appropriations restrict $500,000 of retained earnings and
make them unavailable for paying dividends.
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THIS STATEMENT WILLIAM C. JOHNSON, CPA - MENIFEE VALLEY, CALIF. I
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7
WILLIAM C. JOHNSON
Cerfitied Public Accountant
Menilee Valley, California
24920 Bethel Street
(909) 244-3822
October 22,2001
To the Board of Directors of
Sean Malek Engineering & Construction
3772 Brennan Avenue
Penis, CA 925 17
(Unaudited)
REPORT ON SUPPLEMENTARY INFORMATION
My report on my review of the basic financial statements of SEAN MALEK
ENGINEERING AND CONSTRUCTION, INC., for the six months ended June 30,
2001, was made for the purpose of expressing limited assurance that there are no material
modifications that should be made to the financial statements in order for them to be in
conformity with generally accepted accounting principles.
The information included in the accompanying Job Schedule is presented only for
supplementary analysis purposes.
William C. Johnson, CPA
Mailing Address: P. 0. Box 610, Sun City, CA 92586-0610 1
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3851
Chestnut Avenue Parkway Improvements
The Bidder is required to state what work of a similar character to that included in the proposed
will enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Contract he/she has successfully performed and give references, with telephone numbers, which
SEE THE ATTACHED PAGES
Date
Contract Completed
Name and Phone
No. of Person
Page 23 of 110 Page Contract No. 3851 9/11/00
PROJECT HISTORY
Beaumont, City of
550 E 6" Street
Beaumont CA 92223
Deep& Moojani
Rangel Park
$75,454.50
1995
(909)769-8520
California, State of
Department of General Services
400 "R" Street, Suite 5100
Sacramento CA 95814
James Keeling
Abandoned Brine Ponds
Chino Institute for Men
$366,222.00
1999
Carkbad, City of
1200 Carkbad Village Drive
Carkbad CA 92008
Jim HofEnan
Beach Access Stairs
$98,793.75
1998
(916)322-4538
-
(909)208-7938
(760)602-2780 x73 10
Gary Goodman
Cannon Road/Carlsbad Blvd
$548,303.67
2000
Chino Unified School District
C/O B E McMurray Construction Inc
P 0 Box 1452
Upland CA 91785
Craig Hainds
Chino Hills High School #4, Phase I1
$4,634,666.00
2002
(909)933-0091
Colton, City of
655 N La Cadena Drive
Colton CA 92324
Dusty Dappen
Cooley DriveNashington St Landscape
$45,841 .OO
1998
Encinitas, City of
505 S Vulcan Street
Encinitas CA 92024
Kipp Heher
Pieaus Street Soundwall
$205,192.32
2000
Fallbrook Public Utility District
P 0 Box 2290
Fallbrook CA 92088
Jos Jackson
Mission Road Embankment Repair
$13,208.00
1998
(909)370-5146
(760)633-2775
(760)728-1125
.... ....... , ...
........... .. ......... ii '? ......
.&.
.. -
San Bemardmo, City of
300 N D Street
San Bernardno CA 9241 8
(909)384-5111
Gene Klatt
Street Improvements on Kendall Drive
$84,229.60
1995
(909)384-5196
Rick Aspril
Rialto Bridge Widening
$318,339.81
1999
San Bemardmo City Unified School District
do Bemards Bros.
610 Ilex Street
San Fernando CA 91340
Tom Wertanen
Golden Valley Middle School - Admin. Bldg.
$94,800.00+1-
2001
(818)898-1521
San Bemardmo. County of
825 E Third Street
San Bedio CA 924 1 5
John Burrows
Torrey pines at Mill Creek Bridge
$477,247.68
1998
(909)387-2800
San Gabriel School District
102 E Broadway
San Gabriel CA 9 1 776
Bill Gile
Jefferson Middle School
$41 0.000.00
1994
(818)285-3111
Santa Rosa Community Services District
41785 Enterprise Cicle South
Temecula CA 92590
Rob Holme
Street Improvements on Carancho Road
$50,000.00
1994
(909)676-2646
University of California - Riverside Campus
c/o Pro West PCM Inc
27450 Ynez Road, Suite 224
Temecula CA 92591
Jeff Rising
Surge Building
$222,000.00+/-
2000
Upland, City of
P 0 Box 460
Upland CA 91785
Lany Gonzales
Street Improvements
$49,669.00
2000
Valley Wide Recreation and Park District
P 0 Box 907
San Jacinto CA 92581
Samuel Geopp
Southwest Park
$226,977.50
1996
(909)676-2020
(909)93 1-4246
(909)654-1505
Vista, City of
P 0 Box 1988
Vista CA 92085
Jim Bozer
W3dwood Park
$227,550.93
1998
(760)726-1340 x1351
I'
- Riverside, City of
3900 Main Street
Riverside CA 92522
(909)782-5341
Michael Katusian
Street Improvements on Golden Star
$118.019.28
.I- 1995
Jerry Lamoureaut
StreetImprovements@Indiana& Washington
$263,364.77
1996
Steve Badgett
Power Poles
$49,173.00
1996
Andy Emery
Reid Park - $145,601.98
1996
(909)782-5671
I Jim Hardaway Sidewalk Reconstruction
$71,542.50
1998
Rick Siders
Bordwell Park
$54,628.50
1999
Riverside Community College District
4800 Magnolia Avenue
Riverside CA 92506
(909)684-3240 x5170
Aan Tan
Parking Lots G&L
$334,616.91
1994 -
Riverside, County of
2950 Washington Street
Riverside CA 92504
George Boyden
Street Improvements @ Rutile & Van Buren
$168,617.75
1997
(909)275-6885
Riverside, County of
Economic Development Agency
3525 I4* Street
Riverside CA 92501-3813
Brian Beck
Hunter Business Park
$973,124.00
2000
Riverside, County of
Waste Management
1995 Market Street
Riverside CA 92501
(909)955-4667
Peter Arellano
Coachella Flare Building
$72,629.00
1998
Tim Evans
Blyth Landfill Flare Building
$34,417.50
1998
(909)955-6667
San Bemardino Assoc. Governments
c/o L D King Inc
2151 Convention Center Way #100B
Ontario CA 9 1 764
Dale Wmtergerst
Route 71 Improvements
$665,613.36
1999
(909)937-0200
.,.
Fontana Unified School District
c/o Tilden Coil Constructors Inc
3612 Mission Inn Avenue
Riverside CA 92501
Teny Pettit
Fontana High School Addition
$278,120.00+/-
2001
Grand Terrace, City of
22795 Barton Road
Grand Terrace CA 923 13
Vigil Barham
Bicycle Lane
$305,607.97
1998
Highland, City of
c/o Willdan Associates
23 1 E Avenue M
Lancaster CA 93535
Rogers Lane Improvements
$43,468.00
1999
Jurupa Unified School District
3924 Riverview Drive
Riverside CA 92509
Bob Cable
Playgrounds
$136,768.00
1997
(909)684-5901
(909)825-3825
(805)945-8848
(909)222-7768
Jurupa Unified School District
c/o Tilden Coil Constructors Inc
36 12 Mission Inn Avenue
Riverside CA 92501
Greg Bowers
1998 Class Size Reduction
$511,247.19
1998
(909)684-5901
1999 Site Work
$600,334.00
1999
2000 Site Work
$854,377.00
2000
Youth Connect Portables
$195,000.00+/-
2001
Lake Arrowhead Comm Services District
P 0 Box 789
Lake Arrowhead CA 92522
Jeff Winner
Storm Drain Repair
$209.433.00
1995
(909)337-8555
Parallel Force Main
$349,550.00
1998
1 !
,- Moreno Valley, City of
P 0 Box 88005
Moreno Valley CA 92552
Peter Ramey
Street Improvements @ Frederick & Dracaea
$249,214.20
1997
(909)413-3000
.. Mark Adams
Sunnymead Park Renovation
$2,148,893.97
1998
Mumieta, City of
26442 Beckman Court
Murrieta CA 92562
Russ Napier
Sidewalk Construction
$66,125.00
1998
,.
(909)698-1040
.-
Ken Burris
$385,268.00
1999
, Madson Avenue Landscaped Medians
Penis. City of
101 N D Street
Penis CA 92570
Habib Motlagh
Russel Stewart Park
$250,000.00
I995
(909)943-6504
1
Penis Union High School District
c/o WC Construction Services Inc
10470 Foothill Blvd, Suite 107
Rancho Cucamonga CA 91730-3754
Bill Bell
Paloma Valley High School - Phase 2
$382,300.00+/-
2001
Rancho California Water Dislrict
42135 Winchester Road
Temecula CA 92595
Craig Maples
Vail Lake Dam Road
$228,300.00
1995
Rancho Cucamonga, City of
10500 Civic Center Drive
Rafcho Cucamonga CA 9 1729
Mike Long
Drainage & Landscaping on Salina
$179,918.81
1995
(909)476-6005
(909)676-4101
(909)989-1851 x2343
Milliken Avenue
$99,990.10
1995
Redlands, City of
P 0 Box 3005
Redlands CA 92373
(909)798-7655
Alan Griiths
Traffic SignaYStreet Improvements
$183,739.50
I998
...
..
' - Western Municipal Water District P 0 Box 5286
Riverside CA 92517-5286
(909)780-4170
Tony Burgett
El Sobrante Road Widening
$135,425.44
1999
.,.. ,"
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
CONTRACT NO. 3851
(To Accompany Proposal)
Chestnut Avenue Parkwav Improvements
As a required part of the Bidder's proposal the Bidder must attach either of the following to this
page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
dcomprehensive General Liability
dAutomobile Liability ? orkers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees andlor premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
2) Cover any vehicle used in the performance of the contract, used onsite or offsite. whether
corilpany that the Contractor proposes.
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
a Page 24 of 110 Page Contract No. 3851 9/11/00
,
.ACORD= CERTIFICATE OF LIABILITY INSURANCE sEm--H op D.,E,*YD-
04/24/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.one: 714-221-5200 Fax: 714-221-5210
HEIU HILLS CA 92808
I*."IED
SEAN UALEK ENGINEERING AND CONSTRUCTION, INC
I INSURERS AFFORDING COVERAGE 1 I
INS"IITi* GENERAL ACCIDENT INS .CO.
,NS"RSrnB STATE COUPENSATION INS.-
Perrip CA 92571 3772 Brennan Avenue
I I
COVERAGES
H
A I OmER Leased/Rented
BAO330048-02
CWO199548-02
1545745-01
lO/OS/Ol
10/09/01
10/09/01
10/09/01
'10 Days Notice of Cancellation for Non-Payment of Premium.
Re: Chestnut Ave. Parkway, Project No. 3851
Zertificate holder, its officials, employeee and volunteers are added as
additional insured per the attached endorsement.
UC*OCC""CT *1,000,000
I1
XIZk I I I 0,".
LR
10/09/02 IIIA~~A~~I~LNI II 1,000,000
rl DIPUII.EAmPLOIEI s 1,000,000
II.DIsEIsE-P~lC"LIMn r1.000.000
10/09/02 $1000 Ded $100,000
City of Carlsbad
Purchasing Department
1635 Faraday Avenue
Carlabad CA 92008-7314
I ACORD 25-S (7197) OF& CORPORATION 1988
-
POLICY NUMBER: CPPi220746-02 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS-(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Blanket As Required by Written Contract
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an Insured the person or
organization shown in the Schedule, but only with respect to liability arising out of “your
work for the insured by or for you.
-
Primarv 8 Non-Contributorv
“It is agreed that such insurance as is afforded by this policy for the benefit of the
additional insured shown shall be primary insurance, and any other insurance
maintained by the additional insured@) shall be excess and non-contributory, but only
respects any claim, loss or liability arising out of the operations of claim, loss of liability is
determined to be solely the negligence or responsibility of the named insured.”
CGZO 10 11 85 Copyright, Insurance Services Office, Inc. 1984 Page 1 OF 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD ZS-S(7/97)
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3851
Chestnut Avenue Parkwav improvements
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
X
Yes no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
Sean Mdek Engineering & Construction, INC.
(&me of Contractor)
Sean Malekzadeh, President
(print name/title)
Page of pages of this Re Debarment form
@ Page 25 of 110 Page Contract No. 3851 911 1/00
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
CONTRACT NO. 3851 (To Accompany Proposal)
Chestnut Avenue Parkwav Improvements
Contractors are required by law to be licensed and regulated by the Contractors' State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor's license suspended or revoked by the California
Contractors' State license Board two or more times within an eight year period?
x no
Has the suspension or revocation of your contractors license ever been stayed?
i X ,
Yes no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
X
Yes no
Has the suspension or revocation of the license of any subcontractor's that you propose to
perform any portion of the Work ever been stayed?
X
Yes no
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the patty
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
Page 26 of I10 Page Contract No. 3851 9/11/00
Y
L
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. 3851
Chestnut Avenue Parkway Immovernents
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
L
Sean Malekzadeh, President
(print namekitle)
Page of pages of this Disclosure of Discipline form
tlT’ Page 27 of 110 Page Contract No. 3851 9/11/00
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
CONTRACT NO. 3851
Chestnut Avenue Parkwav Improvements
PUBLIC CONTRACT CODE SECTION 7106
State of California )
) ss. Countyof Riverside )
Sean Malekzadeh
(Name of Bidder) , being first duly sworn, deposes
and says that he or she is Presidest
(Title)
OfSean Malek Enqineerinq & Construction, INC.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
t
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed,,on the 7th day of March ,20%.
Subscribed and sworn to before me on the 7th day of March I 2oa.
(NOTARY SEAL)
Contract No. 3851 911 1/00
CONTRACT
PUBLIC WORKS
This agreement is made this /6 TH day of may , 20&, by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and SEAN MALEK ENGINEERING E CONST. INC.whose principal place of business is
3112 BRENNAN AVENUE, .PERRIS, CA 92571
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
Chestnut Avenue, Contract No. 3851
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
(hereinafter
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
F- ', Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
c I -rator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
Supplemental Provisions, and all proper amendments and changes made thereto in accordance
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2000 Edition, and supplements thereto, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works Association,
and as amended by the Supplemental Provisions section of this contract. The Engineer will close
the estimate of work completed for progress payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
?-?e, the soil conditions at the jobsite, and all other conditions that might affect the progress of . 1Nork, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about underground
e- r,s Page 29 of I10 Page Contract No. 3851 9/11/00
conditions or other job conditions is for Contractor's convenience only, and City does not warrant
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
6. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
- that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method.
..-
-
@ Page 30 of 110 Page Contract No. 3851 9/11/00
,"
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
.-
< contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
4- %# Page 31 of 110 Page Contract No. 3851 911 1/00
,," d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days' prior written notice has been given to the City by
certified mail, return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of
its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
$375,000 to the City using the informal dispute resolution process described in Public Contract
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq.. of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
/" insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
/" must be asserted as part of the contract process as set forth in this agreement and not in
Page 32 of 110 Page Contract No. 3851 9/11/00
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
-
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
I have read and understand all provisions of Section 11 above. 9 ',n init L init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail
of any change of address of such records.
,/-
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
F NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATACHED
Contract No. 3851 911 1/00
,," (CORPORATE SEAL)
CONTRACTOR:
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
r RONALD R. BALL
City Attorney
By: P Dey City Attorney
Contract No. 3851 911 1/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside 1 ss.
OnM4/02, before me, Retha Sue Hm Notary Public, personally appeared Sean Malekzadeh
and Soheila Makkzadeh, personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same m his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf which the person acted,
executed the instrument.
OPTIONAL.
Description of Attached Document
Title or Type of Document: Contract
Document Date: None
Number of Pages: 6
Signer(s) Other Than Named Above: No other signer notarized.
Capacity(ies) Claimed by Signer
Signers Name: Sean Malekzadeh & Soheila Malekzadeh
OIndividual
pdorporate Officer - Titie(s): President, Vice President, Treasurer & Secretary
OPartner - OLimited or OGeneral
OAttomey m Fact
OTrustee
OGuardii or Conservator
mother:
Signer Is Representing: Sean Malek Engineering and Construction
BOND NO.: 6138914
PREMIUM : $818.00
LABOR AND MATERIALS BOND -
WHEREAS, the City Council of the City of Carlsbad. State of California, by Resolution No.
2002-106 I adopted APRIL 9, 2002 , has awarded to
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC.
(hereinafter designated as the "Principal"), a Contract for: Chestnut Avenue, Contract No. 3851 in the City of Carlsbad. in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Offlce of the City Clerk of the City of Carisbad and all of which are
incorporated herein by this reference,
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of thelr subcontractors shall fall to pay for any materlais, provlslons. provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on thls bond wlll pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
as Prlnclpal, (hereinafter designated as the "Contractor"), and OF
as Surety, are heid firmly bound unto the city of Carlsbad in the sum of SFVFNTY ONE - THOUSAND ONE HUNDRED AND NO/lOO--"------------------"---------- -0ollars
L ($ 71.100.00 ), said sum being an amount equal to: One hundred percent (100%) of the total estlmated amount payable under seld contract by the City of Carlsbad under the terms of the contract when the total amount payable does not exceed fnre
Fifty percent (50%) of the total estimated amount payable under said contract by the City of
million dollars ($5,000,000) or,
Carlsbad under the terms of the contract when the total amount payable is not less than five million
dO11firS ($5,000,000) and does not exceed ten million dollars ($10,000,000) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000)
edmlnislrators, succassors, or assigns, jointly and severally, firmly by these presents.
and for which payment well and truly to be made we blnd ourselves. our heirs, executors and
THE CONDITION OF THiS OBLlGATiON IS SUCH that if the person or hislher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
for any amounts required to be deducted, withheld, and pald over to the Employment Development or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or
Oepartment from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code wlth respect to such work and labor that the Surety will pay for the same. not to exceed the sum specified in the bond, and, also, in case suit is brought
be fixed by the court, as required by the provisions of section 3248 of the California civil Code.
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to
flle clalms under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3082).
Surety stipulates and agrees that no change, extension of time, alteratlon or addition to the Of the Contract. or to the work to be performed thereunder or the specifications accompanying the
,- This bond shall inure to the benefit of any and ail persons, companies and corporations entitled t0
L
same shall affect its obligations on this bond, and it does hereby wdve notice of any change, extenslon of tlme, alterations or addition to the terms of the mntract or to the work or to.the
In the event that Contractor is an individual, it Is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under thls bond.
Executed by CONTRACTOR thls (jTH Executed by SURETY this 6TH day
day of APRIL ,20z. of APRIL ,20%.
" speclflcatlons.
CONTRACTOR SEAN MALEK ENGINEERING SURETY:
.GENERAL INSURANCE COMPANY OF AMERICA
. ~ ~~
(nsme of Suretvl 2677 N. MAiN STREET:' SUITE 600 SANTA ANA. CA 92705 (address of Surety)
714-437-3047
(telephoneg'umber of Surely)
By: //& A . .(signature of AttorneyXFact)
DWIGHT REILLY - (printed name of Altorney-In-Fact)
(attach corporate reaolutii showlna current power
L di cp- - ,$;;t,%here) of attorney)
(tttle and organization of slgnatory)
Contract No. 3851 9/11/00
State of California I
County of SAN BERNARDINO
On APRIL 16, 2002 , before me, CLAUDETTE N. MARTIN, NOTARY
Dale Name and XIIe 01 Mflcar (e.% ‘Jane be, Ndary Public‘)
. GQ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name@) is/a
subscrihed to the within instrument and i’””~”””.*”.*”””~ ~. ~~~
CLAUDETTE N. MTz acknowledged to me that he/mW executed the same in hislEWU%% authorized COMM. #I345285 s
NOTARYRIBLIC- WlKywlA p capacit@w, and that by his/tiWW&X
sANBeRN4RDwQQCuNlY , .... MYcomm.w.ulmh19m~ n.u..nnm*.., signature(@ on the instrument the person(fi), or the entity upon behalf of which the person(P[)
acted, executed the instrument.
WITNESS my hand and official seal.
CLAUDETTE N. MARTIN OPTIONAL
rhough 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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Si ner
Signer,s Name: DWIGHT R&LLY------------------------
0 Corporate Officer - Tifle(s):
Individual
0 Partner - 0 Limited General
PAYMENT BOND
APRIL 16, 2002 Number of Pages: 2
NONE
@ Attorney in Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer 1s Representing: GENERAL INSURANCE COMPANY, OF A,MEKEu
1997 Nalmnal Nolary Alsociation. 9350 De Soto Ave.. P.0. Box 2402. ChalPwonh. CA 813152402 Pmd. NO. 5907 Reorder: Call Toll-Free 1.8008766827
A E OF ATTORNEY
POWER
)c
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCECOMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 9932
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington copration. does each hereby
KNOW ALL BY THESE PRESENTS:
appoint r**.**rr****.r**.***rrrr.r..rr.r..r.***"****~*****.***.********..*~~~~R~~~~Y;"pian4Califoni~.*.*.*..****.********~*********.****************.***~.***.***
its true and lawful anomey(s)-in-fact, with full authority lo execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
anested these Dresents
this 18th day of May , 2000
R.A. PIERSON, SECRETARY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Wide V, Section 13. - FIDELITY AN0 SURETY BONDS ... the President, any vice President. the Seaetaly, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as anomeys-in-fad or under other appropriate titles with authority to
execute on behalf of the company fideiiiy and surety bonds and other documents of similar character issued by the company in the course of its business ... On any
k-lNment making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or an any band or
!-king of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, howwer, that the seal shall not __ oecessaryto the vaiidityof any such instrument or undertaking."
W. RANDALL STODDARD, PRESIDENT
Extract from a Resolution of the Board of Directors Of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By-Laws, and
(iii) Certifying that said power-af-anamey appointment is in full force and effect,
(ii) A copy of the power-af-aHomey appointment. executed pursuant thereto, and
the Sigmture of the cetifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certi that the
foregoing extrack of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct. and that bath the By-Laws, the Resolution and the Power of Anomy are stiii in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said carparation
.RrnH?
R.A. PIERSON. SECRETARY
S-09741SAEF 7198 @Registered trademark of SAFECO Corporation.
511WO PDF
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of Riverside I ss.
On 4/24/02, before me, Retha Sue HufEnan, Notary Public, personally appeared Sean Malelczadeh
and Soheila Malelczadeh, personally known to me to be the persons whose names are subscribed
to the within instnunent and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument the persons, or the entity upon behalf which
these persons acted, executed the instnunen.
WITNESS my hand and official seal.
NOTARY PUBUCCALIFORNIA
RIVERSIDE COUNM
OPTIONAL
Description of Attached Document
Title or Type of Document: Bond
Document Date: 4/16/02
Number of Pages: 2
Signer(s) Other Than Named Above: No other signer notarized.
Capacily(ies) Claimed by Sier
Signers Name: Sean Malelczadeh
OIndividual
OCorporate OflEcer - Title(s): President, Treasurer & SecmtaryNice-President
OPartner - OLimited or OGeneral
OAttorney in Fact
OTrUstee
OGuardm or Conservator
OOther:
Signer Is Representing: Sean Malek Engineering and Construction
Sobeila Malekzadeh
BOND NO.: 6138914
PREMIUM : $818.00
FAITHFUL PERFORMANCEWARRANTY BOND
u
WHEREAS, the City Council of the City of Carlsbad, State of Cailfomla, by Resolution
No. 2002-106 -, adopted APRIL 9, 2002 , has awarded to
SEAN MALEK ENGINEERING AND CONSTRUCTION, INC. , (hereinafter
designated as the "Prlnclpal"), a Contract for: Chestnut Avenue, Contract No. 3851
in the City of Carlsbad, in strict conformity with the contract, the drawings and spectflcations. and
other Contract Documents now on file in the Office of the City Clerk of the Clty of Carlsbad, a11 of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, SEAN MALEK ENGINEERING AND CONST. INC. ,as Prlncipal,
(hereinafter designated as the"Contrector"). and GEiilERAL INSURANCE COMPANY OF
AMERICA
In the sum of SEVENTY ON1 """~"""""_"" -
00%) of the estimated amount of the C
certaln attorney, 'its su&ssors and assigns; for which payment, well and truly to be made, we bind
firmly by these presents. 'b ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
c
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
aiteratlon thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein speclfled, and in all respects according to their true intent and meanlng, and
therein stlpulated, then this obligation shall become null and void; othewise it shall remain in full
shell indemnlfy and save harmless the City of Carlsbad, its officers, employees and agents, as
force and effect.
As a part of the obligation secured hereby and in addltion to the face amount speclfled therefor.
fees, incurred by the City in successfuiiy enforcing such obligation, ail to be taxed as mstS and
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of the, alteration or addition to the terms Of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligatlons on this bond, and it does hereby waive notice of any change,
extension of time. alterations or addition to the terms of the contract or to the work or to the specifications.
Contract No. 3851 911 1100
in the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 16TH
day of APRIL 02 ,20-.
CONTRACTOR SEAN MALEK ENGINEERING
AND CONSTRUCTION, INC.
kame of Contractor)
(prlnt name here)
msrcijp 4 he
(Tltie and Organlration of Signatory)
L~
+
name here)
Executed by SURETY this lGTH day Of
APRIL I 20%.
SURETY
OF AMERICA
GENERAL INSURANCE COMPANY
2677 N. MAIN STREET, SUITE 600
SANTA ANA, CA 92705
(name of Surety)
(address of Surety)
714-437-3047
(telephone number of Surety)
By:
c
DWIGHT REILLY
(printed name of Attorney-in-Fact)
(Attach corporate resoiutlon showing cllmnt
power of attorney.)
Ak on of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations, If Only
one offlcer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that omcer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney
Contract NO. 3851 911 1/00
,.- JFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN BERNARDINO
on APRIL 16, 2002,beforeme, CLAUDETTE N. MARTIN, NOTARY
Dale Name and Title of Omeer (e.g., ‘Jane Doe. Notary Public’)
personally appeared DWIGHT REILLY-“””””””””””-”“”, Name($) of Sisner(r1 a personally known to me
proved to me on the basis of satisfactory
evidence
to be the person@) whose name@) is/=
z s
p............. subscribed to the within instrument and
1 ~T~pusLIC.cAwmNIA : SAN mNARDlw c-
‘”““ acknowledged to me that heMWXexecuted
P CLA”DEmN‘MARTI~ the same in his/mR authorized ‘O“. #I345285 capacity&& and that by hisbtUeMWX
the entity upon behalf of which the person&)
acted, executed the instrument.
WITNESS my hand and official seal
“.f f.. f.... “.%$pm*&!4rMr2a signaturehg) on the instrument the person&), or
Slgnatureof Notary Public CLAUDETTE N. MARTIN
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: PERFORMANCE BOND
Document Date: APRIL 16, 2002 Number of Pages: 2
Capacity(ies) Claimed by Si ner
0 Individual
Corporate Officer - Title@):
Partner - Limited General
Po Attorney in Fact
Trustee
Guardian or Conservator
0 Other:
Name: DWIGHT REQLLy--------------------------
..
Signer Is Representing: GENERAL INSURANCE COMPANY OF AMERI~A I
1997 National Notary AUocialion .9350 De Soto Ave., P.O. Box 2402. Chalswonh, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free 1-800.676-6827
A E O" OF ATTORNEY
POWER
A
SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCECOMPANY OFAMERICA
HOME OFFICE: SAFECO PM SEATTLE, WASHINGTON 98185
No. 9932
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint ............................................................... ~~~~R~,~~Y;"pland,Cllif~**.....L...***.*~*********~**.**.**~*~**************~*****~**
its true and lawful attamey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
issued in the course of its business. and to bind the respectivecompany thereby.
attested these presents
this 18th day of May , 2000
R.k PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA
"Article v, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Viw Presldent. the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fad or under other appropriate tities with authority to
.ATtrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or an any band or
execute on behalf of the company fideley and surety bonds and other documents of similar character issued by the company in the course of its business ... On any
ertaking of the mmpany. the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided. however. that the seal shall not
. necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970.
"On any wtiicate executed by the Secretary or an assistant secretary of the Company setting out.
(i) The provisions of Article V, Section 13 of the By-Laws. and
(iii) Certifying that said power-af-attorney appointment is in full farce and effect,
(ii) A copy of the power-of-attorney appointment, executed punuant thereto, and
the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof.''
foregoing extracts of the By-Laws and of a Resolution of the Board of Directon of these corporations, and af a Power of Attorney issued pursuant thereto, are true and
i, R.A. Pienon, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cetiiy that the
mnect. and that both the By-Laws the Resolutim and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
.-RH&-
R.A. PIERSON, SECRETARY
S-09741SAEF 7198 E? Registered trademark of SAFECO Corporation.
5118100 PDF
CALIFORNLA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside I ss.
On4/24/02, before me, Retha Sue Huflina~ Notary Public, personally appeared Sean Malekzadeh
and Soheila Malebdeh, personally known to me to be the persons whose names are subscrii
to the within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument the persons, or the entity upon behalfwhich
these persons acted, executed the instrument.
WlSS my hand and official seal.
OPTIONAL
Description of Attached Document
Title or Type of Document: Bond
Document Date: 4/16/02
Number of Pages: 2
Signer(s) Other Than Named Above: No other signer notarized.
Capacity(ies) Claimed by Signer
Signers Name: Sean Malekzadeh
OIndiVidual
OCorporate Officer - Title(s): President, Treasurer & SecretaryiVice-President
UPartner - OLimited or OGeneral
OAttorney in Fact
OTrllStee
OGuardian or Conservator
mother:
Signet Is Representing: Sean Malek Engineering and Construction
Soheila Malekzadeh
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for Chestnut Avenue Parkway Improvements, Contract No.
3851 in the amount ~ of dated (hereinafter
referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor deposits the
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of
the escrow agent in connection with the handling of retentions under these sections in an amount
not less than $100,000 per contract. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as retention
under the terms of the contract between the City and Contractor. Securities shall be held in the
name of the , and shall designate the Contractor as the
beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions eamed directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
" securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days
.-
e W Page 39 of 110 Page Contract No. 3851 9/11/00
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
shall immediately convert the securities to cash and shall distribute the cash as instructed by the Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to sections (1) to (€9, inclusive, of this agreement and the City and Contractor shall hold
securities and interest as set forth above. Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and IO. The names of the persons who are authorized to give written notices or to receive written
exemplars of their respective signatures are as follows:
For City: Title
r
I-
For Contractor:
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
m
Page 40 of 110 Page Contract No. 3851 911 1/00
r
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
e t# Page 41 of 110 Page
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 3851 9/11/00
SUPPLEMENTAL PROVISIONS
FOR
Chestnut Avenue Parkway Improvements
CONTRACT NO. 3851
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated,", "detailed", "noted"; "scheduled", or
words of similar impcsrt are used, it shall be understood that ,reference is made to the plans
acbmpanying these provisions, unless stated otherwise. ..
Add the following section:
1-1.2 Directions. WFiere words "directed", "designated", "selected. or words of similar import are
used, it shall be understood that the direction; designation or selection of the Engineer is intended,
unless stated.othem&r The word "required" and words of similar~ii%port shall be understood to mean "as required to proterly complete the work as required and as gpproved by the Engineer," unless
stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved". "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval, acceptance,
or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense,
shall perform all operations, labor, tools and equipment, and further, including the furnishing and
.installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing of
necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
e- t# Page 42 of I10 Page Contract No. 3851 911 1/00
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hislher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hislher approved representative. The
Engineer is the third level of appeal, for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract
Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and Federal
income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1
“own organization” means construction equipment that the Contractor owns or leases and uses to
accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor‘s Own Organization and will not be included for the purpose of compliance with
section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner-OperatorlLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of
the Agency or a public utility.
Public Works Manager - The Construction Manager‘s immediate supervisor and second level of
.. ~ ,: appeal for informal d.ispute resolutign.
Project Inspector - the Engineer‘s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
Abbreviation
1-3.2 Common Usage, add the following:
Apts ...................................... Apartment and Apartments Bldg ...................................... Building band Buildings
CMWD .................................. Carlsbad Municipal Water District
CSSD ................................... Carlsbad Supplemental Standard Drawings
cfs ......................................... Cubic Feet per Second
Comm ................................... Commercial
DR ........................................ Dimension Ratio
E; .......................................... Electric
gal Gallon and Gallons
G Gas
Gar ....................................... Garage and Garages
Word or Words
.......................................... ........................................
Contract No. 3851 9/11 /oo
GNV ..................................... Ground Not Visible
gpm ...................................... gallons per minute
LCWD Leucadia County Water District
IE Invert Elevation
MSL ...................................... Mean Sea Level (see Regional Standard Drawing “12)
MTBM ................................... Microtunneling Boring Machine
NCTD ................................... North County Transit Distrct
OHE ..................................... Overhead Electric
OMWD ................................. Olivenhain Municipal Water District
ROW .................................... Right-of-way
S ........................................... Sewer or Slope, as applicable
SDNR ................................... San Diego Northern Railway
SDRSD ................................. San Diego Regional Standard Drawing
SFM ...................................... Sewer Force Main
T ........................................... Telephone
UE ........................................ Underground Electric
W .......................................... Water, Wider or Width, as applicable
VWD ..................................... Vallecitos Water District
.......................................... ...................................
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
,2-3 SUBCONTRACTS.
‘2-3.1 . General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price’with its own organization, the Agency may at its
sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of
the work performed in excess of 50 percent of the cont.ract price by other than the Contractor’s own
organization. The City Council shall be the sole body for determination of a violation of these
hearing before the City Council and shall be notified ten (10) days in advance of the time and location
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
of said hearing. The determination of the City Council shall be final.
24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, ”who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
Modify paragraphs three and four to read: The Contractor shall provide a faithful perforrn-
performanceharranty bond shall be in the amount of 100 percent of the contract price. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fif€y percent (50%) of the total amount payable by the terms of the contract when the total amount
payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
($10,000,000).
exceeds ten million dollars ($1 0,000,000).
Contract No. 3851 9/11/00
after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
after recordation of the Notice of Completion if all claims have been paid.
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact 'the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution
of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by
the oath of the principal officer or manager residing within the United States.
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 Standard
Specifications for Public Works Construction, (SSPWC),~ 2000 Edition, and supplements thereto.
hereinafter designated "SSPWC". as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions section
of this contract.
The construction plans consist of one set of drawings designated as City of Carlsbad Drawing No.
396-5 and consists of 11 sheets. The standard drawings used for this project are the latest edition of
the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San
Diego County Department of Public.Works, together with the most recent editions of the City of
Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as
Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of
CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent
standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be the
most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions. 3) Plans.
4) Standard Plans.
,.
a) City of Callsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
5) Standard Specifications for Public Works Construction.
e) State of California Department of Transportation Standard Plans.
6) Reference Specifications.
Contract No. 3851 911 1 100
7) Manufacturer's Installation Recommendations.
Change Orders. Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence
over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '4-C would indicate the third instance that the fourth submittal
had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered.
Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the
Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's Certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and
the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the
allocated spaces, and is submitted for approval."
same materials.)
By: Title:
Date:
Company Name:
Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may
be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used
only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of the
work. Payment for performing the work required by section 2-5.4 shall be included in the various bid
items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent
e- p,s Page 46 of I10 Page Contract No. 3851 911 1/00
monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered
civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor,
to establish the location of the monument before it is disturbed. The Contractor shall have the
monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the
replacement is completed. The Surveyor shall file corner record(s) as required by 55 8772 and 8773,
et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover to
the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames
and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction
of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, requirements-of ‘section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the All surveying data submittals shall conform to the
Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be Submitted in bound
form on 215mm by 280 mm (8‘/,” by 11”) paper. The field notes, calculations and supporting data shall
be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier
surveys and all other evidence used by the Surveyor to determine the location of the monuments set.
The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew
members and preparer of the field notes or calculations. They shall be annotated with the date of
observation or calculation, be numbered with consecutive page numbers and shall be readable without
resort to any electronic aid, computer program or documentation for any computer program. The field
notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with 8700 - 8805 of
the State of California Business and Professions Code when the Surveyor performs any surveying that
such map is required under 55 8762 of the State of California Business and Professions Code and
whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS
drawing ”10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes,
reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street
control monuments used, the basis of bearings and all other data needed to determine the procedure
centerlines are permanent survey monuments. The Record of Survey shall show all monuments set,
of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall
street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval
show the location and justification of location of all permanent monuments set and their relation to the
before submittal to the County Surveyor and before submittal to the County Recorder.
Contract No. 3851
.~
911 1/00
Add the following,section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by. the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes
shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the
curb is not being built as a part of this contract. Staking and marking shall be completed by the
Surveyor and inspected and approved by the Engineer before the start of construction in the area
marked. Centerline monument shall have the disk stamped with the date the monument was set and
the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that
are shown on the plans shall be staked and flagged prior to the start of any other activities within the
limits of the work. When curb and gutter does not exist and is not being installed as a part of the project
the location of adjacent facilities being constructed as a part of the contract the Contractor shall place
that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those
stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities
noted on the plans as to be installed by others.
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Contract No. 3851 911 1/00
at each pole 8 controller location as appropriate 10 mm (Y;) Horizontal
Junction Box 0 I RP + Marker I at each junction box location I as appropriate I10 mm (*/.") Horizontal
8 7 mm ('/,")Vertical
Stake
Stake 300m (1000') 8 s7.5m (25') on cuwes when
R 5 300m (1000') or where grade s 0.30%
~. 8 7 mm pi:) Vertical
Conduit 0 10 mm ('I/.") Horizontal as appropriate 5 15 m (50) on tangents 8 curves when & RP + Marker
8 when depth cannot
be measured from
existing pavement 7
mm ('1.") Vertical
8 7 mm ('/,")Vertical (when vertical data
Minor Structure 0 10 mm (V8") Horizontal as appropriate for catch basins: at centerline of box, ends of RP + Marker
Stake + Line box 8 wings 8 at each end of the local Stake depression B I I I I needed)
Abutment Fill RP + Marker s 15 m (50') 8 along end slopes &conic as appropriate 30 mm (0.1') Vertical 8 Stake + Line transitions Horizontal
Stake
Wall 0
Stake + Line
changes in footing dimensions &lor elevation Point +Guard
7 mrn ('I,'') Horizontal as appropriate 5 15 m (50') and at beginning 8 end of each RP + Marker
8 7 mm ('/,") Vertical wall, BC 8 EC, layout line angle points,
Stake &wall height
Major Structure B
Footings, Bents,
& 7 mm (V,m) Vertical Engineer, BC 8 EC, transition points 8 at Stake + Line Abutments 8
10 mm (V,") Horizontal as appropriate 3 m to 10 m (10 to 33') as required by the RP + Marker
Wingwalls beoinnina 8 end. Elevation Doints on footinos Point +Guard
Contract No. 3851 911 1/00
I I B at invert I I Pavement
MarkersO
RP 60 m (ZOO') on tangents, 15m (50') on curves at pavement 7 mm ('/,")Horizontal
when R 2 300m (1000') B 7.5m (25') on marker I curves when R ~'300m'(1000') For PCC
surfaced streets lane cold joints will suffice
0 Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features
@ Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the
he purposes of this table
installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for
and the accuracy requirements of the RP meet the requirements for the feature
@J Perpendicular to centerline.
0 Some features are not necessarily parallel to centerline but are referenced thereto
@ Multi-plane surfaced features shall be staked so as to provide line 8 grade information for each plane of the feature
the symbol.
iB 2 means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number following
Ql The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all otkr utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8)
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake lDescriptlon
Horizontal Control I Coordinated Control points. control lines, control reference points, centerline, I WhiteIRed
I color
Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-
9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional
payment will be made. Extension of unit prices for extra work shall include full compensation for
attendant survey work and no additional payment will be made therefor. Payment for the replacement
of disturbed monuments and the filing of records of survey and/or wrner records, including filing fees
therefor, shall be incidental to the work necessitating the disturbance of said monuments and no
additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer
may request.
?@ Page 50 of 110 Page Contract No. 3851 9/11/00
Add the following section:
2-10.2 Audlt And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its activities
and to contractually require all subcontractors to this Contract to do the same. The Engineer shall
have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance
pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be
limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor's staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon.reasonable advance notice,
Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this
contract, records with respect to all matters covered by this Contract and will permit the Engineer to
audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits
of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered
by this Contract. However, any such activities shall be carried out in a manner so as to not
unreasonably interfere with Contractor's ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required by
applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this
contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits:
2) Materials ; 15
1) Labor 20
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
................................... ....... .....................
a Page 51 of 110 Page Contract No. 3851 911 1/00
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and all
supporting documents to the Engineer.
34 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5). and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to
act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any
event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due
written notice of potential claim as hereinafter specified. Compliance with this section shall not. be
required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any
claim that is based on differences in measurement or errors of computation as to contract quantities.
The written notice of potential claim for changed conditions shall be submitted by the Contractor to the
Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to
the potential claim. The Contractor's failure to give written notice of potential claim for changed
conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of
all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the particular
additional compensation may be due and nature of any and all costs involved within 20 working days of
circumstances giving rise to the potential claim, the reasons for which the Contractor believes
the date of service of the written notice of potential claim for changed conditions. Verbal notifications
are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands and
agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's
proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall
submit substantiation of its actual costs to the Engineer within 20 working days after the affected work
is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the
basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
Page 52 of 110 Page Contract No. 3851 911 1/00
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Public Works Manager
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed
work stating its position on the claim, the contractual basis for the claim, along with all documentation
supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the
City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's
and present its report. When additional information or .a meeting is requested the City will provide its report and respond with a position, request additional information or request that the Contractor meet
position within 10 working days of receipt of said additional information or Contractor's presentation of
its report. The Contractor may appeal each level's pasition up to the City Manager after which the
Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in
the contract.
All claims by the contractor for $375.000 or less shall be resolved in accordance with the procedures in
the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104)
which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public
agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that
the University of California.
"public work" does not include any work or improvement contracted for by the state or the Regents of
(2) ,"Claim" means a.separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
Contract.No. 3851 911 1/00
any work which may give rise to a claim under this article.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims
must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend
the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency'shall respond in writing
to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of
claim the local agency may have against the claimant.
receipt of the claim, any additional documentation supporting the claim or relating to defenses to the
(2) If additional information is thereafter required. it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
claimant within 15 days after receipt of the further documentation or within a period of time no greater
(3) The local agency's written response to the claim, as further documented, shall be Submitted to the
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
within 60 days of receipt of the claim, or may request, in writing. within 30 days of receipt of the claim,
seventy-five thousand dollars ($375,000). the local agency shall respond in writing to all written claims
any additional documentation supporting the claim or relating to defenses to the claim the local agency
may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 30 days after receipt of the further documentation, or within a period of time no greater
than that taken by the claimant in producing the additional information or requested documentation,
whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed,.the claimant may so notify the local agency, in writing, either within 15 days
of receipt of the local agency's response or within 15 days of the local agency's failure to respond
within the time prescribed, respectively, and demand an informal conference to meet and confer for
conference within 30 days for settlement of the dispute.
settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
purposes of those provisions, the running of the period of time within which a claim must be filed shall
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
time that claim is denied as a result of the meet and confer process, including any period of time be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the
utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be construed
to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
Contract No. 3851 9/11/00
third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless a time requirement is extended upon a
good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator
within the 15day period, any party may petition the court to appoint the mediator.
(bj(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for
purposes of this article shall be experienced in construction law, and, upon stipulation of the parties,
their customary rate, and such fees and expenses shall be paid equally by the parties, except in the
mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed
case of arbitration where the arbitrator, for good cause, determines a different division. In no event
shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
arbitration award or judgment. The interest shall begin to accrue on the date the suit is tiled in a court
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access
and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of
persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations. Chapter 4, Division of Industrial Safety, Subchapter 4. Construction Safety Orders and such
other safety regulations as may apply. Contractor shall furnish Engineer with such information as
character of materials. Inspection or testing of the whole or any portion of the work or materials
may be necessary to keep the Engineer fully informed regarding progress and manner of work and
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such tests
meet or exceed the requirements indicated in the Standard Specifications and the Supplemental
Provisions. The cost of all other tests shall be borne by the Contractor.
Contract No. 3851 9/11/00
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place
along the work as deemed necessary by the Engineer. The costs of any retests made necessary by
noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined
to be unsatisfactory in performance, appearance, durability, compatibility with associated items,
availability of repair parts and suitability of application the Contractor shall remove the substituted item
and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove
and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the
site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by
bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the
material(s) shipped. Prior to storage of any materials which have been shipped to or by the
project name and number, address of delivery and name of consignor and a description of the
Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a
copy of lease agreements for each properly where such materials are stored. The lease agreement
shall clearly state the term of the lease, the description of materials allowed to be stored and shall
the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials provide for the removal of the materials and restoration of the storage site within the time allowed for
stored and to preparation of the storage site and the location of the site on which the materials are
stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility.
Conformance to the requirements of this section, both within and outside the limits of work are a part
of the Work. The Engineer shall have the right to verify the suitability of materials and their proper
storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which
exist within the limits of the work. However, the accuracy and/or completeness of the nature, size
and/or location of utilities indicated on the Plans is not guaranteed.
Page 56 of 110 Page Contract No. 3851 911 1/00
54 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor. the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are shown
on the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities
that interfere with the construction. the Contractor, upon the Engineer's approval, may be permitted to
temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the
shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission
additional work, materials or delay associated with the temporary omission. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation of the utility involved unless
otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within fifteen calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1 .I PreConstruction Meeting. After, or upon, notification of contract award, the Eng'ineer will set
the time and location for the Preconstruction Meeting. Attendance of the Contractor's management
personnel responsible for the management, administration, and execution of the project is mandatory
for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project
personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4.
proceed will only be issued on or after the completion of the preconstruction meeting.
No separate payment will be made for the Contractor's attendance at the meeting. The notice to
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall
be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities required
to represent the complete performance of all project work as well as periods where work is precluded.
Contract NO. 3851 911 1/00
The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to
proceed and conclude with the date of final completion per the contract duration. The Baseline
Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all
milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing
all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the
identification number, the description, the duration, the early start, the early finish, the late start, the
late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and
submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on
the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns
or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the
Windows 95 compatible "Suretrak" program by Primavera or "Project" program by Microsoft
shall submit to the Agency a 89 mm (3.5") data disk with all network information contained thereon, in a Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
format readable by a Microsoft Windows 95 system. The Agency will use a "Suretrak, "Project" or
equal software program for review of the Contractor's schedule. Should the Contractor elect to use a
scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft
Corporation the Contractor shall provide the Engineer three copies of the substituted program that are
fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to
eight Agency staff members. The classes shall be presented on Mondays through Thursdays,
inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be held at 1635
Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to
the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule.
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the
Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including
submittals, interfaces between utility companies and other agencies, project milestones and equipment
and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to
communicate the Contractor's plan for project execution, to accurately describe the project work, and
to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall
accurately define the work planned for the activity and each activity shall have recognizable beginning
and end points.
Add the following section:
@ Page 58 of 110 Page Contract No. 3851 911 1/00
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to
whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
61.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than
the specified contract duration will not be acceptable and will be grounds for determination of default by
Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor‘s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule
Contractor propose a project duration shorter than contract duration, a complete Baseline Construction
project duration shorter than the duration specified; provided the Agency is satisfied the shortened
requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a
which interface with the project are able to support the provisions of the shortened Baseline Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private,
Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed
through the execution of a contract change order revising the project duration and implementing all
contractual requirements including liquidated damages in accordance with the revised duration.
Add the following section: 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer‘s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not
be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
Contract No. 3851 911 1/00
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1 B.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to
Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted“ or ‘Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 64 DEFAULT BY CONTRACTOR if the changes of the comments are
not submitted as required hereinbefore and marked “Accepted“ by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
and 6-1.3.1 through 6-1.3.7.
requirements of section 2-5.3 and will include each item and element. of sections 6-1.2 through 6-1 2.9
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in later
updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’4”) high density diskette,
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
labelled with the project name and number, the Contractor’s name and the date of preparation of the
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as agreed
upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
@ Page 60 of 110 Page Contract No. 3851 911 1 /oo
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days
of submittal. The Updated Construction Schedule will be returned marked as per sections 6-1.4.1
through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not
Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with
construction schedule will invoke the same consequences as the Engineer returning a monthly updated
construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
Add the following section:
6-1.4.3 ’‘kt Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt
of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered
as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if
the changes of the comments are not submitted and marked ”Accepted” by the Engineer before the
last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to
submit the corrected Updated Construction Schedule as required herein the Contractor may elect to
any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility. proceed with the project at its own risk. Should the Contractor elect not to proceed with the project,
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or
contractually required milestone date later than the properly adjusted contract or milestone duration,
the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent
”Accepted“ Schedule Update remove all or a portion of the delay, all or the allocated portion of the
previously held Liquidated Damages shall be released in the monthly payment to the Contractor
immediately following the “Accepted” schedule.
Add the following section:
different from that depicted in the Project Schedule, independently of and prior to the next monthly
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially
update, the Contractor will submit a .revised Baseline Construction Schedule, with a list and explanation
of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of
section 6-1, including but not limited to the acceptance and payment provisions. As used in this
subsection “substantially different” means a time variance greater than 5 percent of the number of days
of duration for the project.
@ Page 61 .of 110 Page Contract. No. 3851 911 1/00
Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor's Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be
prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4
Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is
required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump
sum price of Three thousand dollars ($3,000). The stipulated lump sum price paid for Construction
Schedule shall include full compensation for furnishing all labor, materials including, but not limited to,
the computer hardware and software, tools, equipment, and incidentals; and for doing all the work
involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow chart
directed by the Engineer. The' Engineer's determination that each and any construction schedule Construction Schedules and narrative reports required by these supplemental provisions and as
proposed by the Contractor complies with the requirements of these supplemental provisions shall be
precedent to each and any payment for .the Construction Schedule. Payments for Construction
Schedule will be made as per sections 6-1.8.1 through 6-1.8.3.
Add the following section:
6-1.8.1 Initial Payment. Five Hundred dollars of the stipulated lump sum bid for the Construction
Schedule will be made when the Engineer has accepted a Construction Schedule for this project
Add the following section:
6-1.8.2 .Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of Five Hundred dollars ($500.00) will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein,
that the Engineer has accepted as sufficient within the month that the monthly progress payment
construction schedule that is not marked "Accepted" by the Engineer on or before the twentieth working
pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated
day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of
Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the
lump sum price for Construction Schedule.
initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated
Add the following section:
6-1.8.3 Concluding Payment. . A Final payment of Five hundred dollars $500.00 for the Construction
Schedule will be made when both one hundred percent of the contract work is completed and the
as required herein that shows the actual beginning and ending dates and all other data that is required
Engineer has accepted a final construction schedule update prepared and submitted by the Contractor
for baseline and update schedules for each activity shown on the baseline construction schedule and
updates thereto that the Engineer accepted for this project.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
@ Page 62 of 110 Page Contract No. 3851 911 1/00
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes the construction of a gravity
retaining wall, wooden privacy fence, landscaping and irrigation.
6-2.3 Project Meetings. The Engineer will establish the time and location of Project Meetings. Each
Project Meeting shall be attended by the Contractor’s Representative. The Project Representative
shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No
separate payment for attendance of the Contractor, the Contractor‘s Representative or any other
employee or subcontractor or subcontractor’s employee at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the duration
of such period of delay. The initial and continuing written notices shall include the classification of each
workman and supervisor and the make and model of each piece of equipment placed on standby, the
cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent
explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has
occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 60 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
hours of work shall be between the hours of 8:OO a.m. and 4:OO p.m. on Mondays through Fridays.
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
work outside the hours and/or days stated herein when, in hislher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
No work involving access to the private properties south of the right-of-way shall be performed by the
areas and types of work prohibited in this section in the Construction Schedule required by section 6.1.
contractor between prior to 8:OO a.m. nor after 4:OO p.m. The Contractor shall incorporate- the dates,
No additional payment, adjustment of bid prices or adjustment of contract time of completion will be
allowed as a consequence of the prohibition of work being performed within the dates, areas and/or
types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is completed
and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the
Page 63 of 110 Page Contract No. 3851 911 1/00
requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or
portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the
Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon
such certification by the Engineer the Board may accept the completed Work. Upon the Board’s
acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the
San Diego County Recorder. The date of recordation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work
or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at
its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty
bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add
the following: For each consecutive calendar day in excess of the time specified for pnpletion of
Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the Work
within the allotted time. Any progress payments made after the specified completion date shall not
constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best‘s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department of
Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the agency
will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and
building permits necessary to perform work for this contract on Agency property, in streets, highways
(except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits
for the disposal of all materials removed from the project. The cost of said permit(s) shall be included
a Page 64 of 110 Page Contract No. 3851 911 1/00
in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the health
safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Engineer may require increased levels of cleanup and
the public. Cleanup and dust control shall be considered incidental to the items of work that they are
dust control that, in hislher sole discretion, are necessary to preserve the health, safety and welfare of
associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
testing and all other work requiring water related to this contract. The Contractor shall contact the
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees
therefor. Said costs shall be considered incidental to the items of work that they are associated with
and no additional payment will be made therefor.
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all
with the California State Water Resources Control Board order number 99-08-DWQ NPDES General requirements of the storm water pollution and monitoring plan prepared for this project in accordance
Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water
Runoff Associated with Construction Activity”
Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with
Ordinance, Carlsbad Municipal Code Chapter 8.48.
mufflers in good repair when in use on the project with special attention to the City Noise Control
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending
disruption. For a full street closure, all residences and/or businesses on the affected street or alley
t3 Page 65 of 110 Page Contract No. 3851 911 It00
shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences
and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor's permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the work
and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for approval.
Notices shall not be distributed until approved by the Engineer.
without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob
colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib.
card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A".
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the
posted 48 hours in advance of the rescheduled work. ... rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-
The preparation, materials, printing and distribution of the notifications shall be included in the contract
price bid for traffic control and the Contractor will not be entitled to any additional compensation for
printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: Afler
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing-
or reopening any street, alley or other public thoroughfare the Contractor shall notify the following :
1) The Engineer .................................................................................. (760) 438-1161 X-4411
2) Carlsbad Fire Department Dispatch ................................................ (760) 931-2197
3) Carlsbad Police Department Dispatch ............................................ (760) 931-2197
4) Carlsbad Traffic Signals Maintenance ............................................. (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations ............................................... (760) 438-1 161 X4500
6) North County Transit District ........................................................... (760) 743-9346
7) Coast Waste Management ............................................................. (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written
approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic
Controls." 1996 edition and these Supplemental Provisions. If any component in the traffic control
system is damaged, displaced, or ceases to operate or function as specified, from any cause, during
the progress of the work, the Contractor shall immediately repair said component to its original
Page 66 of 110 Page Contract No. 3851 9/11/00
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
delineation or devices as may be required herein, the Engineer may, at hislher sole option, install the
traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per
day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the
greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section 206-
7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-
5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et
seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the
provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne
conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and
advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning
shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and
devices shall be promptly removed by the Contractor when no longer required. Warning and advisory
signs that remain in place overnight shall be stationary mounted signs. Stationary signs that wam of
traveled way or shielded from the view of the travelling public during such periods that their message non-existent conditions shall be removed from the traveled way and from the view of motorists in the
does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to
protect underground facilities. All excavation required to install stationary construction area signs shall
be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the
traveled way and shielded from the view of the travelling public during non-working hours. During the
hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs
shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in
section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the
hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in
CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles
to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within
of the Contractor's employees shall not be parked within the traveled way, including any section closed
delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of
1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable
the' pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as
required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be
placed where directed by the Engineer.
Add the following section:
acceptable lateral safety buffer distance, eg. 1.8 m (6')). nor operate equipment within 0.6 m (2') from
7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum
any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance,
eg. 0.6 m (2)) shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included
e ks Page 67 of I10 Page Contract No. 3851 911 1/00
~~ ~~
in these contract documents, when such reduction is shown on the traffic control plans prepared by the
Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic
control devices. As a condition of such waiver the Engineer may require the Contractor to detour
traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide
barriers.
lane, not less than 12’ wide, shall be open for use by public traffic along Chestnut Avenue.
During the entire construction, a minimum of one east bound traffic lane and one west bound traffic
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under ”Maintaining Traffic” elsewhere in these
Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
maintain public safety.
responsibility to provide such additional devices or take such measures as may be necessary to
When lanes are dosed for only the duration of work periods, all components of the traffic control
way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so
system, except portable delineaton placed along open trenches or excavation adjacent to the traveled
elects, said components may be stored at selected central locations, approved by the Engineer, within
the limits of the right-of-way.
I. ~. :.. ~ Add the following section: ..
7-10.3.4 Traffic Control for Permanent and Temporary Traftic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System
for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan
.proposed by the Contractor and approved by the engineer.^ The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer
and has received the Engineer‘s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
the ‘Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of
the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all
pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening
times for traveled ways open to public traffic. All work necessary, including any required lines or
marks, to establish the alignment of temporary pavement delineation shall be performed by the
Contractor. When temporary pavement delineation is removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic
pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of
Page 68 of 110 Page Contract No. 3851 911 1/00
the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Preparatlon of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all
TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient
scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting
When the vertical alignment of the travelled surface differs from the finished pavement elevation
the traffic control plan and the methodology proposed to transition to the subsequent TCP phase.
vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall
meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition
supplement, and/or new design of TCP shall be prepared by a registered professional engineer
as published by the State of California Department of Transportation. Such modification, addition,
suitability and quality of any such modifications, supplements, andlor new designs to TCP. The appropriately registered in the State of California. The Engineer shall be the sole’judge of the
the Engineer‘s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in
by the registered professional engineer retained by the Contractor will be beneficial to the best
interests of the Agency. Such modification, addition, supplement., and/or new design shall not be
TCP are approved by the Engineer. The preparation of such modification, addition, supplement, andlor
implemented and no work shall be commenced that is contingent on such approval until the changed
new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion.
Submittal and review requirements for such modifications, supplements, and/or new designs to TCP
shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-1 0.3.7 Payment
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
with which they are associated and no other compensation will be allowed therefor. materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
@ Page 69 of 110 Page Contract No. 3851 9/11/00
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials,
such as borrow pits or gravel beds, for use in the proposed construction project which would be subject
to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to
Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the US. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
9-3.2 Partial and Flnal Payment. Delete the second paragraph and substitute the following: Each
month, the Engineer will make an approximate measurement of the work performed to the closure
date as basis for making monthly'progress payments. The estimated value will be based on contract
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
unit prices, completed change order work and as provided for in Section 9-2 of the Standard
after the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor's information.
'' Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) days
of receipt of the progress estimate, submit a supplemental payment request to the Engineer with
adequate justification supporting'the amount of supplemental payment request. Upon receipt of the
supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine
whether the supplemental payment request is a proper payment request. If the Engineer determines
that the supplemental payment request is not proper, then the request shall be returned to the
Contractor as soon as practicable, but not later than seven (7) days affer receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the
20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and
supplemental payment request was not proper. In conformance with Public Contract Code Section
supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then
properly submitted supplemental payment request from the Contractor. If payment of the undisputed
the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract
bid item and change order item with quantities and payment amounts and shall show all deductions
All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
made or to be made for prior payments and amounts to be deducted under provisions of the contract.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written
statement disputing any bid item or change order item quantity or payment amount. The Contractor
..
..
a a# Page 70 of 110 Page Contract No. 3851 9/11/00
shall provide all documentation at the time of submitting the statement supporting its position. Should
the Contractor fail to submit the statement and supporting documentation within the time specified, the
Contractor acknowledges that full and final payment has been made for all contract bid items and
change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments
on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be
subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the
written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a
written statement by the Contractor no later than the date of receipt of the final payment estimate.
Those final payment items disputed in the written statement required in subsection 9-3.2 shall be
submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
witten notice or protest is required under any provision of this contract including sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 66.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contradtor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to. ascertain the
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for denying
the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilizatlon and Preparatory Work. Payment for mobilization and preparatory Work will be
made at the Contract lump-sum price paid for mobilization, and includes full compensation for
furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but
preparing to conduct work on and off the project site and other offsite facilities necessary for work on
not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to
r$, Page 71 of 110 Page Contract No. 3851 9/11/00
the project; for all other facilities, sureties, work and operations which must be performed or costs
incurred prior to beginning work on various contract items on or off the project site, excepting those
specifically paid for under separate sections of these specifications. The Contractor hereby agrees
that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization
and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the
amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment,
an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be
allowed therefore.
?@ Page 72 of 110 Page Contract No. 3851 911 1/00
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section
200-2.2).
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A). Modify as follows:
-~
PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A) (3)
Type of Construction
(2) 330-C-23 All Concrete Used Within the Right-of-way
Concrete
Class Slump mm (Inches)
Maximum
- I (560-(2-3250) (') I
Trench Backfill Slurry I 1 15-E-3 I 200 (8")
(1 90-E-400)
Street Light Foundation and Survey Monuments
ExceDt as noted herein:
100 (4") 330-'2-23
(560-C-3250)
201-1.1.2fA) SSPWC.
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table
(2) As pe; fable 201-1 .I .2(A) SSPWC.
herein as changed are not affected by this table.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown
201-1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The air
content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage
504.
points. The air content of freshly mixed concrete will be determined by California Test Method No.
2013 EXPANSION JOINT FILLER. Add the following:
Contract No. 3851 9/11/00
201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following:
All finished concrete surfaces shall have a %" continuous expansion joint at locations indicated on the
plans and notes and shall be located either parallel to perpendicular to the curb line. When not
otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A"
and colored to match the color of the concrete surface.
Contractor shall provide joint sealants that have been produced and installed to establish and to
maintain watertight and airtight continuous seals without causing staining or deterioration of joint
substrates.
Contractor shall submit product data from the manufacturer of each joint sealant product required,
including instructions for joint preparation and joint sealer application. Contractor shall also submit
samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of
strips of actual products showing full range of colors available, for each product exposed to view.
Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is
to be used) of each sealant.
Contractor shall engage an experienced installer who has completed joint sealant applications similar
in material, design and extent to that indicated for Project that have resulted in construction with a
record of successful in-service performance.
Provide joint sealants, joint fillers, and other related materials that are compatible with one another and
with joint substrates under conditions of service and application, as demonstrated by sealant
manufacturer based on testing and field experience.
Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide
manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant;
complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS lT-S 0227E Class A, non-
sag, Type II.
Acceptable Products: "Sonnebom NPII"; Sonneborn Building Products Division; 'Scofield Lithoseal
Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer.
Provide sealant backings of material and type that are nonstaining; are compatible with joint
substrates, sealants, primers and other joint fillers; and are approved for applications indicated by
sealant manufacturer based on field experience and laboratory testing.
nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell
Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing,
polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.
Polystyrene foam is not acceptable.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface
course, and BAR 4000 for base course and D2-AR 4000 for leveling course.
Contract No. 3851 9/11/00
203-6.6.2 Batch Plant Method, Modify as follows: Third paragraph, last sentence, delete "and from
the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B."
203-6.7 Asphalt Concrete Storage. Add the following: Open graded asphalt concrete stored
in excess of 2 hours, and any other concrete stored in excess of 18 hours, shall not be used in the
work.
SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES
204-1 LUMBER & PLYWOOD
TABLE 204-1.2 (A) Add the following:
TABLE 204-1.2(A)
USES
construction grade Douglas Fir 100 mm (Tx4")
construction grade Redwood or treated Headers for bituminous pavement up to 50 mm x
GRADES
100 mm (Tx4")
Headers for bituminous pavement up to 50 mm x number 1 grade Redwood, or treated number I
Add the following section:
204-3 Wood Fencing and Frarning-
grade Douglas Fir
204-3.1
204-3.1.1
204-3.1.2
204-3.1.3
204-3.1.4
204-3.2
204-3.2.1
204-3.2.2
204-3.3
204-3.3.1
204-3.3.2
204-3.3.3
References
AWPB -Wood Preservation Treating Practices
RIS - Redwood Inspection Service: Standard Specifications for Grades of California
WCLlB - West Coast Lumber Inspection Bureau: Standard Grading Rules for West :
Redwood Lumber
Coast Lumber
WWPA -Western Wood Products Association
Quality Assurance
each piece of lumber indicating compliance with the applicable standards or grading
Provide Certificate of Inspection or grade mark by an approved inspection agency on
rules specified in the referenced standards and this section.
Provide quality mark by an approved inspection agency on each piece of preservative
treated lumber, indicating compliance with the applicable standards or grading rules
specified in the referenced standards and this section.
Delivery, Storage and Handling
Store materials on site in an area protected from potential damage. Provide loose
opaque covers or other protection from sun and rain.
Store on skids or other elevated supports.
achieve the specified moisture content prior to installation.
Pile and strip lumber to insure fee air circulation. Allow lumber to season as required to
Contract No. 3851 911 1/00
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204-3.4 Products
204-3.4.1 Lumber Materials
204-3.4.1.1 Posts:
Species: Douglas Fir-Larch (pressure treated)
Grade:
selected for appearance and straightness.
No. 1 or better, provide Select Structural Grade
Surfacing: Resawn Moisture Content: S-Dry, with 19 percent maximum at time of
installation.
204-3.4.1.1 Cap, Rails and Support Beams:
Species: Douglas Fir-Larch Grade: No. 1 or better provide Select Structural Grade
Surfacing: Resawn Moisture Content: S-Dry. with 19 percent maximum at time of
selected for appearance and straightness
installation.
204-3.4.1 .I Batts:
Species: Cedar
Grade: selected for appearance and straightness
No. 1 or better, provide Select Structural Grade
Surfacing: Resawn
Moisture Content: S-Dry, with 19 percent maximum at time of
installation.
204-3.4.2 Accessories
204-3.4.2 Nail Fasteners: Provide hot dip galvanized fasteners.
204-3.4.3 Wood Treatment
204-3.4.3.1 Pressure treated posts: Wood shall bear WCLIB grading stamp and the AWPB Quality Mark. Kiln dry all materials after treatment to 19 percent maximum mOiS-
ture content.
204-3.4.4 Other materials
204-3.4.4.1 Provide all other materials, not specifically described but required for
complete and proper installation of this work.
a Page 76 of 110 Page Contract No. 3851 911 1/00
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SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.1 Permanent Traffic Signs Permanent traffic signs shall consist of IO-gage and 12-gage
cold-rolled steel perforated tubing. This includes all signs used for the direction, warning, and
regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work unless otherwise shown on the plans.
Add the following section:
206-7.1.1 General. Materials. legend, proportion. size, and fabrication of all signs used for the
the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”. direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to
Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated
February 1980, all published by the State of California, Department of Tra’nsportation, Division of
Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819
and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October
1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing,
approval, observation of manufacturing or assembly operations by the State of California, Department
of Transportation and/or its employees or officials, such rights shall be vested in the Engineer.
Add the following section: 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993”. except that the notation shall be “PROPERTY OF
THE CITY OF CARLSBAD.
Add the following section:
206-7.1.3 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Standard signs shall be as per the most recently approved “Approved Sign Specification
Sheets“ of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to
Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.1.4 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Type 111 encapsulated lens sheeting conforming to the requirements of this specification.
Add the following section:
Contract No. 3851 911 1/00
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206-7.f.5 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as
follows: All permanent traffic signs used for the direction, warning, and regulation of vehicle (including
bicycle) and pedestrian traffic shall use aluminum substrate.
Add the following section:
206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on IO-gage or 12-gage cold-rolled
steel perforated tubing posts as shown on San Diego Regional Standard drawing M-45 or, when the
sign area exceeds the maximum area allowed for on that drawing, on multiple IO-gag,e or 12-gage
cold-rolled steel perforated tubing posts. The number of posts shall be determined by the parameters
in SDRS drawing M-45 or as approved by the Engineer. Traffic signs will be provided with back braces
and mounting blocks as approved by the Engineer consisting of IO-gage or 12-gage cold-rolled steel
perforated tubing when multiple posts are used.
Add the following section:
206-7.1.6 Traffic Sign Posts. Posts shall be constructed of IO-gage or 12-gage cold-rolled steel
perforated tubing posts as shown on San Diego Regional Standard drawing "45.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor's performance of the Work. Temporary traffic signs include both stationary and portable
signs.
.Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall +
through 5 that acCompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions
and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by
the State of California, Department of Transportation, Division of Procurement Services, Office of
The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where
noti@ the Department of Transportation or to certify compliance to said "Specifications For Reflective
Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval,
observation of manufacturing or assembly operations by the State of California, Department of
Transportation and/or its employees or officials, such rights shall be vested in the Engineer.
Add the following section:
206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as
follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign
Specification Sheets" of the State of California, Department of Transportation. The date of approval
shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the
"Notice to Proceed" of this contract. whichever is most recent.
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October
Type 111 encapsulated lens sheeting conforming to the requirements of this specification.
1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Add the following section:
@ Page 78 of 110 Page Contract No. 3851
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Excepting only construction warning signs used at a single location during daylight hours for
not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of
vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum
substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Trafflc Signs. Stationary mounted temporary traffic
signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same
manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition
standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows:
a) Wood posts shall not be used.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at least
b) Back braces and blocks for sign panels will not be required.
2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing “45 and shall have one post provided for each 0.48 mz (5
ff)of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993”.
Add the following section:
206-7.2.6 Temporary Traffic’Sign Posts. Posts shall be IO-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of statiohaj mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mounted signs
are installed and the type of sign installation is not shown on the ,plans, post size and the number of
posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of
reflective sheeting applied to a sign substrate.
Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traftic sign shall consist of a
base, standard or framework and a sign panel. The units shall be capable of being delivered to the site
of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting
Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved
fabric. Fabric signs shall not be used during the hours of darkness. Size, color. and legend
requirements for portable signs shall be as described for stationary mounted sign panels in section
206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge
of traveled way shall be at least 0.3-m (12). All parts of the sign standard or framework shall be
finished with 2 applications of an orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS.
Contract No. 3851 911 1/00
212-1.1 Topsoil.
212-1.1.1 General. Add the following: Topsoil shall be Class "A" only. The material shall satisfy the
Class "A" specifications prior to arrival at the job site. Topsoil shall be rich brown in color, and shall be
imported from a commercial soil supplier. No on-site amendment to the material to achieve Class "A"
status will be permitted. Provide soil test for agricultural suitability for approval by Resident Engineer
prior to delivery. A second test will be required after placement to verify agricultural suitability and
incorporation of recommended amendments.
212-1.2 Soil Fertilizing and Conditioning Materials.
212-1.2.1 General. Add the following: Agricultural grade gypsum shall be a (CA SO, H,O) calcium
sulfate product - minus ninety-four point three percent (-94.3%). Ninety percent (90%) shall pass a fifty
(50) mesh screen. Control of dust during application is mandatory. (Shall be similar or equal to U.S.
Gypsum, Dolmar or Bandini).
twenty percent (20%) and ninety-eight point three percent (98.3%) retained on a ten (IO) mesh screen. Iron Sulfate - Iron shall be expressed as metallic-derived from sulfate - (FE SO, H,O). A minimum of
Iron is required for the formation of chlorophyll in plant cells. Application in western soils deters any
iron chlorosis symptoms of plants. (Shall be similar or equal to Wilson and George meyer. Wil-Gro).
stacked screen shall be approximately 8 mesh 4.3%, 20 mesh 7.0%, 50 mesh 46.9%, 100 mesh
Soil Sulpher - Soil sulpher shall be 99.5% elemental manufactured for agricultural use. Sizing on a
39.3%. 200 mesh 1.7%.
212-1.2.3 Oommercial Fertilizer. Add the following: Pre-plant fertilizer shall be granular commercial '
fertilizer 12-12-12 or approved equal.
Post-plant fertilizer shall be 14-7-3 or approved equal with Ca, Fe. Zn; and Mn and with the majority of
nitrogen in non-ammoniac form to prevent acidification of soil.
Planting tablets shall be compressed. slow-release fertilizer tablets (20-10-5), and five (5) and twenty-
one (21) gram sizes.
212-1.2.4 Organic Soil Amendment. Add the following: Type 1 organic soil amendment shall be
derived from wood with the following properties:
redwood shavings. Amendment upon analysis contains at least one-half of one percent (0.5%)
It shall be a wood residual product derived from the bark of pine, white fir and red fir, cedar shavings or
nirtogen (on a dry weight basis) with an ash content not to exceed ten percent (10%). A commercial
grade product shall be used. The product shall be free of seeds, debris and deleterious material.
Contractor shall supply Resident Engineer, or his appointed representative, with a sample of the
proposed amendment accompanied by laboratory analytical analysis from an approved laboratory
one-half of one percent (0.5%) ph (less than) 6.5. Salinity (EC x 12 at 25C) = 2.5. Iron (re) expressed
illustrating degree of compliance. Guarantee - wt./cu./yd. - 560# - 82W. Nitrogen (organic or amoniac)
as metallic 0.01%. Density - approximately 25 Ib. Cu. Ft. Organic matters - eighty-five percent (85%).
A non-ionic wetting agent should be used. Properties: Screen analysis: % retained on stacked screen - 1 mesh = 0.2%, 5 mesh = 36.6%, 8 mesh = 25.7%, 12 mesh = 30.7%, 32 mesh = 5.9%; remainder =
0.9%.
@ Page 80 of 110 Page Contract No. 3851 9/11/00
The organic soil amendment shall be similar or equal to Browning Ferris “Life pro”, Butler’s Mills
‘Loamex” or Forest Humus.
Organic Soil enhancer shall be “Sarvon” by Butler’s Mills or approved equal.
Mulch shall be a composited blend of 100% recycled and shredded above ground tree trimmings.
Typical mulch size shall be one inch to six inches in length and shall be composed of wood, bark, twigs
and leaves. Submit two samples for approval. The material shall be free of seeds, debris, plastic, and
deleterious materials.
Shredded mulch shall be similar to or equal to AJ Ecology ”Earthwise Ecomulch” or A-I Soils
”Recycled Organic Mulch”.
Add the following:
212-12.6 Herbicides and Pesticides. Herbicides and pesticides shall be used in their appropriate
applications with strict adherence to manufacturer‘s specifications and instructions.
Post-emergent herbicide for all areas shall be Rodeo, Roundup, Diquat, Montar or approved equal.
Pre-emergent herbicide for shrub and groundcover areas (planted from flats) shall beTreflan, Surflan,
212-1.4 Plants.
Eptan or approved equal.
212-1.4.1 General. Add the following: Contractor shall notify Resident Engineer forty-eight (48)
hours before each plant delivery so the plants can be inspected and approved prior to planting.
Nomenclature: The scientific and common names of plants herein specified conform to the approved
names given in “A Checklist of Woody Ornamental Plants in California, Oregon, and Washington” published by the University of California, Division of Agriculture Sciences, publication 4091 (1979).
(See list of plant materials on drawings.)
Labeling: Each group of plant materials delivered on-site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a property plant
patent attached.
Quality and Size: Plants shall be in accordance with the California State Department of Agriculture
regulations for nursery inspections, rules and grading. Sizes shall conform to the dimensions indicated
on the planting plan.
The Resident Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-
proportioned plants are the intent of this specification. Plants which are even moderately “overgrown”,
or are showing signs of root girdling, decline or lack of vigor, are subject to rejection. The size of the
plants will correspond with that normally expected for species and variety of commercially available
nursery stock, or as specified in the special conditions or drawings. Plants larger in size than specified may be used with the approval of the Resident Engineer, but the use of larger plants will not cause any
change in contract price. If the use of larger plants is approved, the ball of earth and spread of roots
for each plant shall be increased proportionately.
Rejection of Substitution: All plants not conforming to the requirements herein specified, shall’be
considered defective, and such plants, whether in place or not, shall be marked as rejected and
a Page 81 of 110 Page Contract No. 3851 9/11/00
..
immediately removed from the site and replaced with new plants by the Contractor, at contractor's
expense.
Right to Changes: The Resident Engineer reserves the right to change the species, variety and/or
sizes of plant material to be furnished, provided that the cost of such plant changes does not exceed
the cost of plants in the original bid, and with the provision that the Contractor shall be notified, in
writing, at least thirty (30) days before the planting operation has commenced..
212-1.5 Headers, Stakes and Ties.
212-1.5.3 Tree Stakes. Add the following: Unless otherwise noted, tree stakes shall be two inches
(2") in diameter, lodgepole pine, of lengths required, pointed on one end.
Tree ties shall be a commercially manufactured tie, made from black tire casings, cut to a minimum
ten-inch (10) length and held in place by twelve (12) gauge galvanized wire; or split plastic hose with a
minimum length of twenty inches (20"). Split plastic hose ties to be equal to "Cinch-tie'' by V.I.T.
21 2-1.8 Root Control Barriers.
212-1.8.1 General. Add the following: Root barriers shall be a long-term root barrier control system
consisting of 24" height molded recycled plastic panels with a thickness of ,080. Panels shall be
formed with four 9/16" integral external ribs per panel. The panels shall be connected by means of a
24" locking strip provided for this purpose by the root barrier manufacturer. The root barrier shall
conform to the following specifications:
Physical Properties H.D. Test Typical
Tensile strength, PSI (MPa)
Mechanical Properties:
Ultimate elongation % D638 800 Flexural modolus, psi (Mpa) D790 30.000 (206.9)
Thermal ProDerties:
Melt index, G/10 minutes Dl258 0.75
Brittleness temperature 80%
D638 2,000 (13.8)
Condition E
Non-Failure. "C
Miscellaneous ProDerties:
Density at 73OF (23OC) G/CM (compound) D 1 505 0.920
Environmental stress cracking Resistance Fo.
Hours: 10% "LGEPAL: solvent Dl 693 >500
Root barrier shall be Bumblebee TRB-24 (310-597-7933) panels with TRBL-24 locking strips or
approved equal.
Perforated pipe for tree drain: Polyvinyl chloride pipe drilled at minimum 4" intervals with minimum %"
diameter holes. Pipe shall be supplied with a spun bonded filter sleeve to protect pipe from soil
intrusion.
212-2 IRRIGATION SYSTEM MATERIALS.
Contract No. 3851 9/11/00
212-2.1 Pipe and Fittings.
212-2.1.5 Copper Pipe. Add the following: Copper pipe shall be Type "L" in accordance with ASTM
B 88; Brass pipe; Brass piping shall be I.P.S. red brass; silver.solder, 15% minimum.
Type "K copper pipe shall be used to extend the existing water main at the meter to the new reduced
pressure principle backflow assembly.
212-2.2 Valves and Valve Boxes.
212-2.2.4 Remote Control Valves - Sprinkler Equipment. Add the following: Irrigation equipment
shall be per irrigation legend, details, plan notes.
212-2.2.7 Valve Boxes. Add the following: All remote control valve boxes shall be concrete ('Brooks
3-HL"), or approved equal with hinged cast iron locking top.
The Contractor shall rework the locking toggles of the concrete valve boxes by replacing the existing
Apply oil to lubricate and to prevent rust.
clevis pin and sheet metal clip with a marine type stainless steel machine bolt and self-locking nut.
The Contractor shall paint the identification number of the valve and the controller clock on the cover of
the valve box. The paint shall be aluminum asphaltic-base waterproof paint.
Add the following section:
212-2.2.8 Anti-Drain Valves.~'
Anti-drain valves shall be installed as indicated on plans. The Anti-drain valve shall be the same
diameter size as the riser and shall be integrated into the riser assembly (under head). Valve shall be
"Valcon ADV-XS". or an approved equal.
Add the following section:
212-2.2.11 Globe Valves.
Globe valves in sizes 3-inches and smaller shall have a brass body stem that meets ASTM Standards.
212-3 ELECTRICAL MATERIALS
212-3.2.2 Conductors. Add the following: Direct Burial Control Wires: All control wires shall be solid
copper, single conductor, 600-volt, Type UF, conforming to the project Standard Specifications and
Drawings, Special Provisions, and the following wire colors and installation requirements.
Neutral Wire: (White (#I2 AWG). Do not interconnect neutral wires between controllers.
Spare Wires: Two (2) red and one (1) white spare wires (#I2 AWG) shall be run in each direction from
furthest valve of furthest valve manifold on each mainline run to each controller.
Loop 36-inch excess wire into each single valve box and into one valve box in each group of valves.
Pilot Wires: (14 AWG) or larger as recommended by controller manufacturer for the corresponding run
distance.
Contract No. 3851 911 1/00
~~
Valve No. Valve No.
1. Yellow
2. Orange
3. Blue
4. Black 5. Brown
6. Purple 7. Yellow with Black Stripe
8. Orange with Black Stripe
9. Red with Balck Stripe
IO. White with Black Stripe
11. Yellow with Red Stripe
12. Blue with Red Stripe
13. Orange with Red Stripe
14. Purple with White Stripe
15. Brown with White Stripe
16. Yellow with White Stripe
17. Blue with White Stripe
18. Red with White Stripe
20. Red with Yellow Stripe
19. Orange with Yellow Stripe
21. White with Yellow Stripe
22. Blue with Yellow Stripe
23. Purple with Yellow Stripe
24. Brown with Yellow Stripe
For controllers with more than eighteen (18) valves, the sequence shall be repeated.
wire length at each end enclosure, valve box or pull box. Each and every wire splice shall be soldered
Wire Connections: Neutral. pilot, and spare wires shall be installed with a two-foot (2') excess coiled
(using 60-40 solder) together, then encased in the waterproofed epoxy of the "Scotch-Pac" or "Pen- Tite" connectors shown on Standard Drawing 1-15, Wire splices shall be made only in valve or pull
boxes.
Wire Bundles: Each individual controller clock's control wires shall be bundled.and taped .together with
colored tape at intervals not exceeding ten feet (IO). Controller identification tape colors shall be as
follows: Controller No.
"A" or 1
"B" or 2
"C" or 3
"D" or 4
"E" or t
Additional Controllers
Black
Red
Blue
White
Yellow
Repeat colors for additional controllers
212-3.2.3 Controller Unit. Add the following:
Controller unit shall have the following characteristics/ features:
1. Ability to be used as a stand-along water management system or as a key component in a central
2. A water management computer using the Motorola 68000 microprocessor.
3. Provide lateral break and mainline break protection; electrical fault detection; and hydraulic limit
4. Use rain information to automatically make daily adjustments to the watering time for each station. 5. Cycle and soak watering.
6. Twelve-month programming.
7. Interactive monthly volume budgets.
8. Backlit 16-line by 40-character display.
9. Displays station and equipment descriptions for each station.
10. Pass protected.
11. Laptop interface for field uploads and downloads.
control system.
protection.
Contract No. 3851 9/11/00
12. Removable EPROM's for each controller software upgrades.
13. Lifetime program storage without battery backup.
14. Light and gate control independent from irrigation programs.
16. Hold-over memory to smooth out watering schedules in a tight watering window without creating
15. Operator set water window.
17. Held over irrigation gets highest priority during next watering day.
19. Rain Guard input.
18. Pump output selected by program.
20. Central communication options include hardware, local radio, digital radio, phone.
21. Powder-coated steel finish standard.
22. Available in 8, 12, 16, 24, 32 or 40 stations.
23. UL approved.
24. Irrigates in minutes, in applied inches, by inches per week, as a percent of ET (actual daily or
25. Built-in 12 month ClMlS table or use your own historical ET numbers.
26. Defaults to historical ET if there is no real-time ET information input.
27. Uses twelve-month variable crop factors.
29.7,14, 21 and 28-day watering scheduling.
28. Stacked or simultaneous program operations.
30. Seven regular programs plus a special syringelpropagation program. 31. Special syringelpropagation program pauses regular programs and allows regular programs to run
between special program cycles.
32. EnglishlSpanish options, including:
a. Displays in English or Spanish
b. Built-in English and Spanish HELP manuals
c. Key-sensitive help in English and Spanish.
a. Mainline break protection with during-irrigation and off-irrigation set points.
b. Lateral break protection with trip parameters set by program.
c. Optional multiple flow meter inputs.
d. Real-time flow monitoring.
e. Controller learns flow for each station.
f. Built-in model numbers of flow sensor provide easy flow setup.
g. Hydraulic limit setting to maintain flow within operator-set parameters when running
orphan stations.
historical, and or by soil moisture content).
33. Flow Monitoring, including:
simultaneous programs.
34. Alerts, including:
a. Electrical fault detection and bypass.
b. Fault alerts flash on screen until cleared.
c. Faults can trigger a flashing light output to alert technicians on drive-by inspections.
d. Pauses and resumes irrigation for numerous reasons: controller fflon, wind, manual and test
e. No water days by station, by program or by controller from 0 to 31 days.
f. Copy function allows station-to-station, station to program or month-to-month copying.
g. Temp function allows temporary programs to be entered that will run for up to 31 days.
h. Master valve override feature allows the master valve to be opened or closed manually from 1
sequences, special syringe program, etc.
to 24 hours.
35. Built-In Reports, including:
a. Calculates finish times for each station.
c. Displays volume in gallons or in HCF (hundreds of cubic feet).
b. Two-year water usage summary by month.
(3 Page 85 of 110 Page Contract No. 3851 911 1/00
d.
f.
e.
9. h.
I.
1.
k.
Water usage summarized by station, by controller, by manual and test and by non-contrller use
-for current month and previous month.
Logs all program changes for up to one month.
Logs all ET and rain data for past 28 days. Logs all faults: overflow, no flow, over current, open, shorts, etc.
For each station each day: logs date, start time, end time, repeat cycles ran, programmed
minutes, actual minutes ran, actual inches applied, program name, learned flow, actual flow,
manualhest minutes, hold-over time and alert flags.
Status function displays current monthly budget, projected use for the month and use to the
current day.
Status function displays status for each station:. minutes remaining from held-over, minutes
remaining for today, watering, holding, paused, finished, etc.
Weather table displays the last 28 days of ET and the last 28 days of rainfall.
Shall be Calsense ET 2000 available through Hydroscape Products, Inc. (Contact: Steve McClean (858) 560-661 1 ext. 3156). No alternate product will be accepted. Controller unit must includefive (5)
year manufactured assembly guarantee from Hydroscape.
Add the following section:
SECTION 215 - UNCLASSIFIED FILL
Materials for compacted fill shall consist of any soil excavated from the cut areas or imported to the site
can be classified as soil fills, soil-rock fills or rock fills, as defined below.
that, in the opinion of the Engineer, is suitable for use in construction of fills. 'In general, fill materials ,
Soil fills are defined as fills containing no rocks or hard lumps greater than 12 inches in maximum
dimension and containing at least 40 percent by weight of material smaller than % inch in size.
Soil-rock fills are defined as fills containing no rocks or hard lumps larger than 4 feet in maximum
dimension and containing a sufficient matrix of soil fill to allow for proper compaction of soil fill around
the rock fragments or hard lumps as indicated in these specifications. Oversize rock is defined as material greater than 12 inches.
Rock fills are defined as fills containing no rocks or hard lumps larger than 3 feet in maximum dimension and containing little or no fines. Fines are defined as material smaller than % inch in
maximum dimension. The quantity of fines shall be less than approximately 20 percent of the rock fill
quantity.
Material of a perishable, spongy, or otherwise unsuitable nature as determined by the Engineer shall
not be used in fills.
Materials used for fill, either imported or on-site, shall not contain hazardous materials as defined by
the California Code of Regulations, Title 22, Division 4. Chapter 30, Articles 9 and 10; 40CFR; and any
other applicable local, state or federal laws. The Engineer shall not be responsible for the identification
or analysis of the potential presence of hazardous materials. However, if observations, odors or soil
discoloration cause Engineer to suspect the presence of hazardous materials, the Engineer may
grading operations, the City shall provide a written report to the Engineer indicating that the suspected
request from the City the termination of grading operations within the affected area. Prior to resuming
materials are not hazardous as defined by applicable laws and regulations.
@ Page 86 of 110 Page Contract No. 3851 9/11/00
Representative samples of soil materials to be used for fill shall be tested in the laboratory by the
Engineer to determine the maximum density, optimum moisture content, and, where appropriate, shear
strength, expansion, and gradation characteristics of the soil.
a Page 07 of 110 Page Contract No. 3851 911 1/00
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR,PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION MATERIALS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
Add the following:
300-1.1 General. Clearing and grubbing shall consist of clearing natural ground surfaces of all
trees, shrubs, vegetation and objectionable materials within the limits of construction in accordance with the provisions of Section 300-1. "Clearing and Grubbing," of the Standard Specifications and in
accordance with the plans with these Special Provisions and as directed by the Engineer.
Clearing and grubbing shall also include the removal and disposal of all miscellaneous concrete,
pavement, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the
project improvements.
so indicated on the plans which are not designated as separated bid items or which are not included in
Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities
other bid items.
In addition to the above items, clearing and grubbing shall include, but not limited to the following items
as shown on the plans or specified in these Special Provisions:
Removal of trees, shrubs, stumps, trash, debris barricade, vegetation in the pavement cracks or curb
lines whether or not specifically indicated on the plans or otherwise shown to be protected or relocated.
Deleterious materials resulting from clearing and grubbing operations shall be hauled away and
disposed of at a site obtained by the Contractor.
Minor grading for swales and drainage control.
Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and
disposal of asphalt concrete, base and concrete.
Protection of existing and relocated utility structures prior to and during construction of proposed
improvements.
additional items not specifically mentioned which may be found within the work limits. Removal and disposal of pipe, ditches, protection posts, guardrail, inlets, trees, stairways, and any
Furnishing and applying water.
Dust control.
Page 88 of 110 Page Contract No. 3851 9/11/00
Maintenance of project appearance.
Control of water and dewatering during construction.
Clean up of project upon completion of work.
Adjustment to grade of miscellaneous items such as drainage inlets, utility boxes, valves, manholes,
pullboxes, interfering portions of storm drain pipes, posts, and poles which are not designated as
separate bid items or which are not included in other hid items.
system damaged during construction).
Replacement of all existing landscaping (including the replacement of plant materials and irrigation
Protection of utilities, irrigation systems, sprinkler, hose bib, etc. trees, fences, walls and other facilities
within the construction zone, except those specifically shown on plans or directed by the Engineer to
be removed or relocated.
Removal of existing irrigation which conflicts with the new irrigation system,
Relocation of signs as shown on the Plans, including foundations and hardware as required.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the
limits of the work to be done under this contract in accordance with Section 7-9 and 300-1 of the
Standard Specifications. This item shall also include those structures and facilities which the plans
show or these Specifications indicate to be protected. Any structure or facility to be protected which is
damaged as a result of the Contractor, shall be repaired or replaced at his cost, to the satisfaction of
the Engineer.
The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage on
streets or adjacent areas. Clean up of spillage will be at the Contractor's expense.
All material removed from the site shall be disposed of at the Contractor's expense at a site approved
by the Engineer.
Parkway areas to be improved, excavated and filled shall be cleared and grubbed. Clearing shall
consist of mmplete removal above the ground surface of trees, stumps, brush, vegetation, manmade
structures and similar debris. Grubbing shall consist of removal of stumps, roots, buried logs and other
exceeding 1-1/2 inches in diameter shall be removed to a depth of 3 feet below the surface of the
unsuitable material and shall be performed in areas to be graded. Roots and other projections
ground. Borrow areas shall be grubbed to the extent necessary to provide suitable fill materials.
All existing plant materials shall be protected unless designated "to be removed". The Contractor shall
.trim or remove existing plant materials as designated on Plan or directed, by the Engineer. Said
trimming shall be conducted in a neat and professional manner to satisfaction of the Engineer.
Any asphalt pavement material removed during clearing operations should be properly disposed of at
an approved offsite facility.
1) After clearing and grubbing of organic matter or other unsuitable material, loose or porous soils shall
be removed to the depth recommended by the engineer when he determines necessary. The depth of
removal and compaction shall be observed and approved by an Engineer. The exposed surface shall
G3 Page 89 of 110 Page Contract No. 3851 9/11/00
then be plowed or scarified to a minimum depth of 6 inches and until the surface is free from uneven
features that would tend to prevent uniform compaction by the equipment to be used.
1) After areas to receive fill have been cleared, plowed or scarified, the surface should be disced or
bladed by the Contractor until it is uniform and free from large clods. The area should then be moisture
conditioned to achieve the proper moisture content, and compacted as recommended in these
specifications.
300-1.3 REMOVAL AND DISPOSAL OF MATERIALS
Delete this section and substitute the following::
300-1.3.1 General. All materials removed shall be disposed of outside of the right-of-way. Burning
shall not be permitted under any circumstance. No accumulation of flammable materials shall remain
on or adjacent to the right-of-way. The roadway and adjacent areas shall be left with a neat and
finished appearance.
1) Contractor shall remove all signage (street, traffic, etc.) including posts and footings and deliver to
the City of Carlsbad, storage facility at the direction of the Construction Manager. Contractor is
responsible to verify locations and quantity of signage. Contractor is responsible to install temporary
signage street and traffic as required by the Resident Engineer and approved Traffic Control Plan.
300-1.3.2 Requirements
(a) Bituminous Pavement .(Revise the second sentence to read):
encountered under existing pavements shall be removed. So as not to interfere with new work,
(d) Buried pavements, old subsurface pavements and other materials (such as abandoned utilities)
immediately inform the Resident . Engineer and obtain direction before proceeding.
Add the following:
300-1.4 Payment. Unless otherwise specified, compensation for clearing and grubbing shall be paid for at the lump sum contract price and no additional compensation will be allowed. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment and doing all work
involved in clearing and grubbing as specified.
Saw cutting of edges to be joined shall be mandatory ,,
300-2 UNCLASSIFIED EXCAVATION
Add the following:
300-2.1 General. Unclassified excavation for construction of gravity retaining wall, fencing, curbs
and paving items shall be in accordance with the provisions of Section 300-2 of the Standard
Specifications and these Special Provisions. Suitable material removed as a result of this operation
shall remain on the site and be utilized by the Contractor for the construction of fills and embankments.
Fills and embankments shall conform to the provisions of Section 300-4 of the Standard Specifications
and these Special Provisions.
1) Compaction of soil or soil-rock fill shall be accomplished by sheepsfoot or segmented-steel wheeled
rollers, vibratory rollers, multiple-wheel pneumatic tired rollers, or other types of acceptable compact.ion
equipment. Equipment shall be of such a design that it will be capable of compacting the soil or soil-
rock fill to the specified relative compaction at the specified moisture content.
Prior to placing fill, the exposed ground surface should be scarified, moisture conditioned as
Contract No. 3851 911 1/00
necessary, and compacted. Fill soil may then be placed and compacted in layers to the design finish
grade elevations. The layers should be no thicker than will allow for adequate bonding and
compaction. All fill (including scarified ground surfaces and backfill) should be compacted to at least
90 percent of maximum dry density at optimum moisture content or up to a maximum of 3 percent over
optimum, as determined by ASTM Test Procedure D1557-91. As fill operations proceed, penching into
the existing slope should be performed to abut compacted fill against competent material.
In general, the onsite soils are suitable for reuse as fill if free form vegetation, debris, and other
deleterious matter. Surficial soil deposits were generally very moist and may require drying andlor
mixing with drier soils prior to reuse as fill.
Soil fill, as defined in these specifications, shall be placed by the Contractor in accordance with the
following recommendations:
content as determined by ASTM D1557-91.
In general, the soil fill shall be compacted at a moisture content at or above the optimum moisture
When the moisture content of soil fill is below that specified by the Engineer, water shall be added by
the Contractor until the moisture content is in the range specified.
When the moisture content of the soil fill is above the range specified by the Engineer or too wet to
achieve proper compaction, the soil fill shall be aerated by the Contractor by bladinglmixing, or other 'satisfactory methods until the moisture content is within the range specified.
After each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted by the
(expressed in percent) of the in-place dry density of the compacted fill to the maximum laboratory dry
Contractor to a relative compaction of at least 90 percent. Relative compaction is defined as the ration
density as determined in accordance with ASTM D1557-92. Co'mpaction shall be continuous over the
entire area, and compaction equipment shall make sufficient passes so that the specified minimum
density has been achieved throughout the entire fill.
Soils having an Expansion Index of greater than 50 may be used in fills if placed at least 3 feet below
finish pad grade and should be compacted at a moisture content generally 20 to 4 percent greater than
the optimum moisture content for the material.
Add the following:
300-2.6 Surplus Material. The Contractor shall haul and dispose of all surplus material from the
project. The Contractor shall utilize highway legal haul trucks for this export of material from the
project site and to a site secured by the Contractor. No earth moving equipment or special
construction equipment, as defined in Section 565 of the California Vehicle code. will be allowed for
hauling material on public streets.
1) Modify the following:
300-2.7 Selected Material. Modify to read: Selected material encountered in excavation within the
right-of-way shall not be used. Topsoil excavated within the limits of the project may not be considered
as selected material for the purpose of backfilling areas to be planted.
1) Substitute the following:
2) 300-2.9 Payment. Quantities of Unclassified Excavation used for payment, other than additional
work ordered by or deleted by the Engineer, shall be the quantity indicated in Bid Item No. 4 and no
increase or decrease in this amount will be allowed whether or not the actual amount required to
complete the project was less or greater than the amount indicated in said proposal. No additional
Contract No. 3851 911 1/00
compensation will be allowed for hauling excess materials to a disposal site.
3) Full compensation for unclassified excavation pertaining to the construction of retaining walls and
related items shall be considered as included in the lump sum contract price paid for clearing and
grubbing, and no additional compensation will be allowed therefor.
Add the following section:
300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below
structures. within the roadway and sidewalk areas shall be finished within 30mm (0.1') of the grades
shown on the plans. Subgrade tolerances shall conform to the requirements of Section 301-1.4
SSPWC.
300-4 UNCLASSIFIED FILL
Add the following:
300-4.2 Preparation of Fill Areas. Except as provided in Section 300-4.7. "Compaction", areas
proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted
to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test
Procedure D1557-91.
Add the following:
300-4.5 Placing of Fill Material. Areas to receive fill should be scarified, moisture conditioned as
necessary and compacted. Fill soils may then be placed and compacted to the design finish grade
accordance with AST.M Test Procedure D1557-91, at or slightly above optimum moisture content. The
elevations. All fill should be compacted to at least 90 percent of laboratory maximum dry density in
upper 12 inches of subgrade materials within the proposed paved areas should be compacted to at
least 95 percent relative compaction.
Soil fill shall be placed by the Contractor in accordance with the following recommendations:
Soil fill shall be placed by the Contractor in layers that, when compacted, should generally not exceed
8 inches. Each layer shall be spread evenly and shall be thoroughly mixed during spreading to obtain
uniformity of material and moisture in each layer. The entire fill shall be constructed as a unit in nearly
level lifts. In general, the soil fill shall be compacted at a moisture content at or above the optimum
moisture content as determined by ASTM D1557-91 .When the moisture content of soil fill is below that
specified by the Engineer, water shall be added by the Contractor until the moisture content is in the
or too wet to achieve proper compaction, the soil fill shall be aerated by the Contractor by
range specified. When the moisture content of the soil fill is above the range specified by the Engineer
bladinglmixing, or other satisfactory methods until the moisture content is within the range specified.
Afler each layer has been placed, mixed, and spread evenly, it shall be thoroughly compacted by the
Contractor to a relative compaction of at least 90 percent. Relative compaction is defined as the ration
density as determined in accordance with ASTM D1557-91. Compaction shall be continuous over the (expressed in percent) of the in-place dry density of the compacted fill to the maximum laboratory dry
entire area, and compaction equipment shall make sufficient passes so that the specified minimum
relative compaction has been achieved throughout the entire till.
tf5 Page 92 of 110 Page Contract No. 3851 911 1/00
Soils having an Expansion Index of greater than 50 may be used in fills if placed at least 3 feet below
finished pad grade and should be compacted at a moisture content generally 2 to 4 percent greater
than the optimum moisture content for the material.
Add the following:
300-4.7 Compaction. Compaction of soil or soil-rock fill shall be accomplished by sheepsfoot
types of acceptable compaction equipment. Equipment shall be of such a design that it will be capable
or segmented-steel wheeled rollers, vibratory rollers, multiple-wheel pneumatietired rollers, or other
of compacting the soil or soil-rock fill to the specified relative compaction at the specified moisture
content.
I
Delete and substitute the following:
300-4.9 Measurement and Payment. Unclassified fill, grading, shaping, compacting or
consolidating, slope rounding, construction of transitions and all work included in an incidental to
payment will be made therefor.
Section 3-4, "Unclassified Fill", will be paid for as a part of unclassified excavation, and no additional
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
:~ 303-1.1 General (Add the following paragraphs):
Concrete structures shall conform to the provisions of the Standard Specifications as modified by San
Diego Regional Standard Drawings and herein. Use Type I1 Cement.
Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A615.
The Contractor shall furnish all labor, tool, and materials to construct reinforced Portland Cement
Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked in
the field. The Contractor shall submit method for placement of P.C.C. for the Engineer's approval, at
least 10 working days prior to commencement of work.
303-1.3 Forms. (Add the following paragraphs):
Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of
mortar. Formed wall surface shall be free of any unevenness greater than 'L inch when checked with a
IO-foot straight edge.
Concrete in walls with side slopes flatter than %:1 shall be placed on suitable material which has been
overfilled, compacted and trimmed to true grade. Backforms shall be used where the slide slope is %:1
or steeper.
A clear non-staining form release agent, which will not discolor nor affect the surface texture of the
concrete and does not react with any ingredients of the concrete shall be used. The cost of furnishing
and placing form release agent shall be included in the cost of portland cement concrete.
Contract No. 3851 911 1/00
303-1.8 Placing Concrete.
303-1.8.1 General. (Add the following):
The Contractor shall exercise caution in placement of concrete walls and conjested areas to ensure
proper consolidation and that there are no voicd, and protection of waterstops in position. Adequate
provisions shall be made for eash visual inspection of concrete placement, consolidation and waterstop
protection.
Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary may
be proposed by the Contractor and will be permitted only after evaluation by the Engineer.
303-1.10 Curing. (Amend first paragraph with the following):
Exposed concrete surface shall be sprayed with Type 2 curing compound at a uniform rate of one
gallon per 150 square feet.
303-1.11 Payment. Payment for Gravity Retaining Wall will be made at the contract price per linear foot, and shall include all labor, equipment, materials and incidentals needed to construct the strucutre
in place to the grades and dimensions shown on the Plans. The contract price shall include full
compensation for forms, expansion joints and details, finishing and curing.
SECTION 305 -PILE DRIVING AND TIMBER CONSTRUCTION
Add the following section:
305-3 FENCE CONSTRUCTION
305-3.1 Framing
305-3.1.1 Lumber Selection
305-3.
305-3.
1.1.1 Select individual pieces so that knots and obvious minor defects will not interfere with
connections. Install all members with crown and tight knots is the upper position.
1.1.2 Do not use lumber with end splits of checks greater than the following: 2x lumber, split
and caps, split length shall be less than or equal to the thickness of the member.
length shall be less than or equal to one half the wide face of the member, and beams, rails
305-3.1.2 Erect wood framing members level and plumb.
305-3.1.3 Place horizontal members laid flat, crown side up.
305-3.1.4 Construct framing members full length without slices.
305-3.1.5 Predrill holes for nails when necessary to prevent splitting, maximum hole
size not more than .90 times the nail diameter.
305-3.1.6 Cutting- Make cuts cleanly and straight with appropriate sized power
saw. Any lumber splintered or chipped by incorrect cuning shall not be
used.
Contract No. 3851 911 1/00
305-3.2 Tolerances
305-3.2.1 Plumb: Limit deviation from plumb to a maximum of I" over 10 feet, non-
305-3.2.2 Line: Limit deviation from line to a maximum of 1" in 10 foot length, non- cumulative.
cumulative.
SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS
Add the following section:
306-1.1.7 Steel Plate Bridging -With a Non-Skid Surface. This section covers the use of steel
plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate that
does not meet the requirements of this section both in application and circumstance of use.
Add the following section:
306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel
plate bridging shall be used by the Contractor unless othewise approved by the Engineer. It is
recognized that to accommodate excavation work, steel plate bridging may be necessary. All
conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the
conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as
review process will take into account the following factors:
2. Duration of use of the steel plate bridging.
1. Traffic volume and composition.
4. Weather conditions.
3. Size of the proposed excavation.
The following formula shall be used to score the permitted use of steel plate bridging:
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (kmhl+ SLOPE X 1001 X LANES
1000 a
PS [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mDh) + SLOPE X 1001 X LANES
1000 5
where:
PS = plate score.
ADT = average daily traffic as defined in the CALTRANS Traffic Manual.
EWL = equivalent wheel loads as defined in the CALTRANS Traffic Manual.
DAYS = total number of 24 hour periods during which the plates will be utilized at the site
1) WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized
NIGHTS = total number of overnight periods that the plates will be in place, exclusive of
1) WEATHER = total number of 24-hour periods that the plates will be utilized at the site being
considered when the possibility of rain exceeds 40 percent.
SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the
being considered.
at the site being considered.
Saturday, Sunday and holiday nights.
formulae above, of the street where the plates are to be installed. This number shall not
be reduced for construction zone speed reductions.
Contract NO. 3851 911 1 I00
SLOPE = the quotient of the vertical differential divided by the horizontal distance. The
vertical and horizontal dimensions shall be measured at the locations spanning a
distance of 15 m (50) up and downstream of the position of the proposed steel
plate bridging.
LANES = the number of lanes where plates will be used.
When the computed value of the plate score exceeds 50, steel plate bridging shall not be used unless,
and at the sole discretion of the Engineer, the Engineer determines that no alternative method of
construction is possible in lieu of using steel plate bridging or that other overriding considerations make
the use of steel plate bridging acceptable. Alternatives considered to bridging shall include, but not be
limited to, detouring traffic, construction detour routes, tunneling, boring and other methods of
trenchless construction. Unless specifically noted in the provisions of the Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed four (4) consecutive working days
in any given week.
Add the following section:
306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety
regulations require or the Engineer determines that shoring is necessary to protect the health or safety
of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of the
Standard Specifications. The trench shoring shall be designed and installed to support the steel plate
bridging and traffic loads. All approvals for design, substitution of materials or methods shall be
submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and
Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-
1.5.
Add the following section:
transverse or longitudinal cannot be properly completed within a work day, steel plate bridging with a
306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way, whether
non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such cases, the
following conditions shall apply:
a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole discretion of the Engineer, it is approved as specified hereinbefore.
b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the
trench.
c) Steel plate bridging shall be installed to operate with minimum noise.
When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall
install using either Method (1) or (2) depending on the design speed of the portion of street where the
steel plate bridging is proposed for use.
Method 1 [For speeds more than 70 Kmlhr (45 MPH)]: The pavement shall be cold planed to a depth
equal to the thickness of the plate and to a width and length equal to the dimensions of the plate. The
cold milling shall produce a flat surface that the plate shall rest on with no horizontal or vertical
movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1")
and shall be filled with elastomeric sealant material which may, at the contractor's option, ,be mixed
with no more that 50%. by volume, of Type I aggregate conforming to the requirements of tables 203-
5.2(B) and 203-5.3(A).
Page 96 of 110 Page Contract No. 3851 911 1/00
Method 2 [For speeds 70 Kdhr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal
placement) shall be attached to the roadway and shall be secured against displacement by using two
adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench bolted to the
underside of each plate and located within 150 mm (6) of the beginning and end of the trench for
plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (1 2”
x %”) steel bolts placed through the plate and driven into holes drilled 300 mm (12) into the pavement
section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other.
Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a
minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At
all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring,
the Contractor‘s option, the methods required for Method 1 may be used. If the Contractor so elects,
and asphalt concrete ramps and maintain and restore the street surface during and after their use.
Add the following section:
306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table
306-1.1.7.4(A).
REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH
TABLE 306-1 .I .7.4(A)
Maximum Trench Width (‘I
19 mm 0.6 m (23”)
13 mm (V2”) 0.3 m (lo”)
Minimum Plate Thickness
’ 0.8 m (31”) 22mm (’1:)
1.0 m (41”) ‘25 mm (1”)
1.6 m (63”) 32 mm (1 X?)
(1) For spans greater than 1.6 m (V), a structural design shall be prepared by a registered civil
engineer and submitted to the Engineer for review and approval in accordance with section 2-5.3.
Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per CALTRANS
Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface on the steel
plate with no less than a coefficient of friction of 0.35 as determined by California Test Method 342. If
a different test method is used, the Contractor may utilize standard test plates with known coefficients
of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance
results to California Test Method 342. In addition to all other required construction signing, the
Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging.
Add the following section:
306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to:
steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and
padding, signage, placing, installation, removal, relocation, preparation and processing of shop
drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the
bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No
extension to contract time will be allowed for, or because of, the use of steel plate bridging.
306-1.3.1 General. Add the following: The Contractor shall install detectable underground utility
marking tape 230 mm x 75 mm (9 x 3) above each or, in the case of bundled underground conduit of
the same type, the upper underground conduit being installed by the open trench method. The type
Contract No. 3851 911 1/00
and color of detectable underground utility marking tape shall conform to the requirements of section
207-25 et seq.
306-1.3.4 Compaction Requirements. Delete Section 306-1.3.4 and replace with the following: The
Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in
the top 300 mm (12) of the street right-of-way, compaction shall be 95 percent.
306-1.5 Trench Resurfacing.
306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the
following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its
convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall
be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and
replaced with permanent resurfacing within 7 days of placement. No additional payment will be made
for temporary bituminous resurfacing materials. The price bid for the associated conduit or structure
shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such
temporary resurfacing materials.
306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1.
‘Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours
after the completion of backfill and densification of backfill and aggregate base materials.
306-1.6 Basis of Payment for Open Trench Installation. Add the following: Payment for utilities
undergrounding which includes the utility trench for SDGBE shall be made on the “per each” price for
service connections (Bid Item No. 43) and no other payments will.be made.
306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise
noted on plans, the Contractor shall remove all existing abandoned pipelines’ and conduits of any type,
work and shall replace said pipelines and conduits with properly compacted soils. Payment for
or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the
removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and
Grubbing, and no additional payment will be made.
Add the following Section:
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-1 GENERAL
During installation, Contractor shall observe safe practices in accordance with the City of San Diego
Standard Specifications, and all appropriate federal, state, and local laws concerning safe job
practices.
308-2 EARTHWORK AND TOPSOIL PLACEMENT
308-2.2 Trench Excavation and Backfill. Pressure lines shall be placed a minimum of twenty-one inches (21”) deep in planting; thirty-six inches (36”) deep under paving. Lateral lines shall be placed a
minimum of fifteen inches (15”) deep prior to soils amendment. Backfill in all trenches shall be flooded
and compacted in accordance with Section 306-1.3.2 and Section 306-1.3.3.
Wherever possible joint trenches shall be used for irrigation pipe control wires. The fifteen-inch (15”)
Contract No. 3851 911 1 IO0
cover trench depth shall apply to trenches located in the proposed planted areas only. All other trench
streets shall be with a Sand-Cement Sluny (Concrete Class 100-E-100).
depths shall comply with the requirements identified in Section 308-2.2. Backfill of all trenches under
308-2.3.1 General. Weed eradication for entire Project site: After irrigation installation, but before
planting installation, the Contractor shall irrigate the entire Project site six (6) times over fourteen (14)
days to germinate existing weed seeds: Allow weed seeds to grow until they reach a maximum height
of two to three inches (2 - 3”). A post-emergent herbicide shall then be applied per manufacturer’s
specifications and instructions.
Weed eradication for shrub areas and groundcover areas (planted from flats). Three (3) to four (4)
days after these plants have been installed, the Contractor shall apply the pre-emergent herbicide per
manufacturer’s specifications and instructions.
Percolation Tests: Prior to installing plants, the Contractor shall perform a minimum of four (4)
percolation tests in representative areas of the site to verify acceptable natural drainage for planting
pits. Tests shall be performed as follows:
Dig a pit two feet (2’) by two fee t(2‘) by exactly twenty-four inches (24) deep.
Fill with water to top and cover with plywood and barricade to protect pedestrians.
Make daily observation noting the depth of water each day.
Report to the Resident Engineer the length of time that the water takes to drain completely from each
hole. If water drains from hole within one day, refill with water. Based on this test, the Resident Engineer will confer with the Project Landscape Architect and will make a determination of whether
additional drainage measures will be required for boxed size tree plantings.
No plants shall be installed until percolation tests have been observed by the Resident Engineer and a
determination made that no further drainage measures are required.
1) Amend the following:
308-2.3.2 Fertilizing and Conditioning Procedures. (Second Paragraph, first sentence AMEND to
read): Soil amendment materials shall be uniformly spread at the prescribed rate.
Third paragraph, first sentence, AMEND to read: After spreading, cultivate the following soil
amendments into the upper six inches (6”) of soil by suitable equipment operated in at least two (2) directions, approximately at right angles. In small planters the same results are to be achieved using
hand tilling methods.
Add the following:
Once rough grading has been accomplished, a minimum of four (4) soil samples from different
representative areas of the site at locations designated by the Resident Engineer shall be taken and a
soil analysis performed to determine nutrient and mineral content, compositional characteristics, pH,
EC, micronutrients permeability, and existence of poxxible toxic elements. Soil test shall be conducted
by a reputable agricultural soils laboratory with full testing service capability, approved by the Resident
Engineer. Analysis shall include generic recommendations for amending or correcting soil conditions
using soil amendments.
Results of soil analysis shall be received by Resident Engineer thrity (30) days prior to amending of soil
,, . i.
Contract NO. 3851 9/11/00
and ordering amendments.
Based on the soils test results, the quantity or type of amendments may be modified by the Resident
Engineer within fourteen (14) days of receipt of analysis.
Grub and clean all planting areas, removing all weeks, debris and rocks from the site. All planting
areas shall be thoroughly tilled and loosened to a depth of twelve inches (12”) by approved method.
Do not till near existing trees if roots are encountered.
All areas where existing soils are replaced with imported topsoil shall be backfilled and settled using
applications of water to moisten soil and establish a stable finish grade. Areas which subside, and all
depressions or imgulatities shall be repaired, settled and grade re-established.
1) Afler all planting areas meet the finish grades per grading plan, the following rates of soil
conditioning and amendment materials (or as modified by the Soils Report) shall be evenly spread over
all planting areas and worked into the soil:
Soil amendments for all planting areas under 3:l in steepness:
Soil Conditioner
Gypsum
Iron Sulfate
Soil Sulphur
Pre-Plant Fertilizer
4 C.U. yds./1,000 sq. ft. 120 Ibs./l,OOO sq. ft.
10 Ibs./l,OOO sq. fl.
10 Ibs./1,000 sq. ft.
25 Ibs./l,000 sq. ft.
Amendments shall be thoroughly tilled and intimately blended into the existing soiis in all planting areas
to a depth of twelve inches (12”) by approved methods.
Soil amendments for sloped planting areas 3:l or greater in steepness:
Gypsum
Soil Sulphur
Iron Sulfate
After leaching, apply: 10-10-10 Fertilizer
120 Ibs./l,OOO sq. ft.
10 lb./1,000 sq. fl.
10 lb./l,OOO sq. fl.
25 Ib./l,OOO sq. ft.
Amendments shall be raked into soil surface without disturbing the compaction of the slope.
Soil amendments, as specified, are for bidding purposes only. Actual types and quantities may be
altered based on soil analysis (provided by Contractor) after rough grading.
In addition, after amending soil per A and B above, all planting areas shall be sprayed with “Sarvon” at
the rate of 6 gallons/acre (or 1 qt./2,000 sq. ft.) immediately prior to leaching.
Deep Water Leaching:
Afler complete installation and testing of the irrigation system and tilling soil amendments, all on-grade
areas shall be deep water leached, compacted and settled by repeated application of irrigation water
until the soil has received a minimum of 12” of water, and has been thoroughly moistened to a depth of
24.
Prior to leaching, apply “Sarvon” soil enhancer as described above, per manufacturer‘s instructions.
Contract No. 3851 911 1/00
After leaching operation, 4 soil samples shall be taken by Contractor per Landscape Architect‘s
direction and given to the soil laboratory for testing. Soil test shall meet the following requirements:
EC - maximum 3.00
PH - Maximum 7.50
Minimum 6.0
Tree and Shrub Backfill:
Tree and shrub backfill mixture shall be sixty-seven percent (67%) site soil free of rocks and debris,
over one inch (1“) die, and thirty-three percent (33%) Type 1 organic soils amendment and ten (1 0)
Ibs./cu. yd. Gypsum - 6 Ibs./cu. yd. 12-12-12 fertilizer. After backfiling planting hole, apply a mixture of
two (2) tablespoons of ‘Sarvon” in five (5) gallons of water to each tree and shrub.
Post Planting Ferfilizer:
The contractor shall apply post-plant 14-7-3 fertilizer at the rate of twenty pounds (20 Ibs.) per 1.000
sq. R., thirty (30) days after planting and once again at the end of the post-construction maintenance
period.
Add the following: 308-4 PLANTING
3084.1 General. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote
healthy growth, establishment and success of the plantings. This shall include providing for drainage,
ifrigation. repair of damaged features, correction of deleterious conditions, maintaining a proper soil
moisture level, weeding, fertilization. protection, temporary measures to promote establishment and
other reasonable maintenance and construction efforts needed to provide, for the successful establishment of the plant materials during the entire contract period.
The Contractor shall not install planting as shown in the plans when it is obvious in the field that
conditions exist which are detrimental to plant survival and grbwth. Such conditions shall be brought to
the attention of the Resident Engineer. The successful establishment of the plantings during the entire
contract period is the Contractor’s responsibility.
1) The irrigation system shall be installed, pressure tested, coverage tested and operational prior to
approved by the Resident Engineer.
planting, with the exception of large specimen planting that must be planted prior to other operations as
Actual planting shall be performed during those periods when weather and soils conditions are suitable
and in accordance with locally accepted horticultural practice, as approved by the Resident engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these
Specifications. Soil moisture level prior to planting shall be no less than seventy-five percent (75%) of
field capacity. The determination of adequate soil moisture for planting shall be the sole judgement of the Resident Engineer and his decision shall be final. The Contractor shall obtain approval from the
found to be insufficient for planting, all planting pits shall be filled with water and allowed to drain before Resident Engineer of planting pits before planting operations shall begin. If the soil moisture level is
starting planting operations. No more plants shall be distributed in the planting area on any day than
can be planted and watered on that day. All plants shall be planted and watered as herein specified
immediately after the removal from the containers. Containers shall not be cut prior to placing the
plants in the planting area.
Contract .No. 3851 911 1/00
Planting shall not be performed if plant pits contain standing water, or it pits are over saturated to a
condition which may result in an unhealthful condition for the plant. It is the Contractor’s responsibility
to provide a suitable growing condition for the plant material and to maintain that condition throughout
the entire contract period.
If requested by the Contractor, the Resident Engineer, and/or designated representative, will visit the
shall reimburse the City for all time spent driving to and from the nursery and inspecting the trees at an
nursery from which trees are procured to inspect the trees prior to delivery to the site. The Contractor
hourly rate of $80/hour or fraction of hour.
It is in the Contractor’s interest to have the Resident engineer (or designated representative) visit the
nursery and inspect the Contractor’s selected trees prior to delivery to the site. This may prevent extra
shipping expenses to the Contractor for trees delivered to the site. but subsequently rejected by the
Resident Engineer. This does not preclude the Resident Engineer from rejecting any trees delivered to
the site which, upon inspection at the site, do not meet the criteria for acceptance as previously
outlined.
After approval and transportation, and upon arrival at the construction site, the City’s Landscape
been damaged in transit may be rejected at no cost to the City in accordance with the Project Special
Inspector will inspect the plants for any damage that may have incurred in transit. Plants that have
Technical Provisions, Section 212-1.4.1.
Bid Item unit price for.trees and unit price for shrubs shall include all items incidental to tree and shrub
planting including excavation, backfill, soil amendments, fertilizer tablets, staking, drain pipes and all
other items not included in otherbid items to sustain healthy growing conditions for the trees and
shrubs throughout the contract period.
308-4.2 Protection and Storage.
Add the following:
The Contractor’s on-site plant storage area shall be approved by the Resident Engineer prior to the
delivery of any plant materials. Plants determined by the Resident Engineer to be wilted, broker or
otherwise damaged, shall be rejected at any time during the Project, whether in the ground or not. All
plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall
be rejected. All rejected plants shall be removed from the site immediately.
Add the following:
308-4.2.1 Exlsting Tree, Shrub and Ground Cover Protection.’ The work is to be performed in
areas of existing planting and irrigation. The Contractor shall take precautions to minimize the
disturbance to adjacent planted areas and is required to replace in kind any irrigation or planting
disturbed by the work.
Identify and protect from damage all individual plant and areas of planting to remain by appropriate
means. The Contractor shall provide equivalent size replacement plants in the event that the death or
decline of existing plants to remain is attributable to the Contractor‘s negligence or lack of protection as
determined by the Resident Engineer.
1) All plants to remain on-site shall be watered and irrigated as necessary during the entire
construction contract to provide for the health of the plant. Any plants required to be removed, boxed
Contract No. 3851 911 1/00
~~~
and set asied for future installation shall be watered, and maintained by the Contractor in a healthy
condition until replanted or until the end of the maintenance period.
The pruning and trimming of the limbs and roots of plant materials to remain within the project scope
shall be done by tradesmen experienced in this type of work. The removal of any limbs, branches, and
roots shall be done only after conferring with the Resident Engineer and Landscape Advisor.
308-4.2.2 Excavation Adjacent to Existing Tree, Shrub and Groundcover to Remain. Trenching within the drip line of trees and shrubs shall be avoided. It is the intent of the plans that the Contractor
provide an alternate routing of trenching to avoid cutting through roots of existing trees.
Where it is necessary to excavate in close proximity to existing trees and shrubs, all possible caution
shall be exercised to avoid injury to roots and trunks. In the event it is necessary to cut the roots of an
existing tree, the tree shall be pruned prior to excavation to reduce the foliage volume by the same
percentage as the approximate percentage of roots removed. Pruning of trees on private property
shall not be done without written permission of the property owner.
Excavation within the drip line of the tree shall be done by hand, tunneling under roots 1” in diameter
and larger, and shall be done only on the approval of the Resident Engineer and Landscape Advisor.
The exposed roots of trees shall be covered and shaded by moist burlap or canvas until the trench is
backfilled. Within 24 hours of the cut, the Contractor shall paint the exposed end of the cut roots with
.an appropriate root pruning sealant.
I ~. 308-4.5 Tree and Shrub Planting.
1) Add the following: 308-4.5.1 General. Fertilizer planting tables [twenty-one (21) gram size], shall be placed with each
plant at the following rates:
One (1) tablet per one (1) gallon container; Two (2) tablets per five (5) gallon container;
Four (4) tablets per fifteen (15) gallon container;
One (1) tablet per each two inches (2) of box size container.
All plants which settle deeper than specified shall be raised to correct level or replaced as directed by
the Resident Engineer.
1) Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to
compensate for loss of roots during transplanting, but never to exceed one-tenth (1110) of the
branching structure. Pruning may be done only with the approval of, and in the presence of, the
Resident Engineer.
Add the following:
308-4.5.1 Root Barrlers. Materials shall be delivered and stored in accordance with Section 4 of the
Standard specifications. Avoid prolonged exposure to direct sunlight and high temperatures. Material
exposed to direct sunlight for more than one week shall be rejected and replaced.
Material shall be handled in accordance with manufacturer’s instructions.
1) Install root barrier against edge of all paving adjacent to planting areas within 10’ of tree trunks
measured perpendicular to curb. A minimum 4“ wide trench shall be excavated to the depth of root
Page 103 of 110 Page Contract No. 3851 911 1/00
barrier. Insert barrier to bottom of trench and stretch it straight against the side sf trench adjacent to
concrete. Top edge shall be 3" below grade of concrete structures. To permit backfilling, tape, wire or
pin the barrier against the trench wall. The fabric shall be laid in a continuous barrier without gaps.
Splices shall be made tight and permanent using the manufacturer's locking strips installed per
instructions. Tamp soil gently and firmly into place as backfilling is accomplished to prevent soil
settling. Avoid collapsing or distorting the barrier when backfilling. Cutting shall be accomplished using
a sharp knife.
Price for root barriers shall include labor, materials, equipment and all incidentals necessary to provide a complete installation.
Add the following:
308-4.6 Plant Staking and Guying. All trees shall be double-staked. Refer to Section 212-1.5.3 of
these Specifications for approved staking materials.
308-5 IRRIGATION SYSTEM INSTALLATION
I) Add the following:
308-5.1 General. Materials shall be delivered and stored in accordance with Section 4 of the
to irrigate existing plants until the permanent water source is operable. Contractor shall submit ship. -
Standard Specifications. Contractor shall provide a temporary water supply from an approved source
dimensions and description of the temporary water supply to the Resident Engineer for approval.. The
temporary water supply shall be of adequate pressure and gallonage to operate the existing irrigation system and other required irrigation equipment at its designed capacity.
Contractor shall furnish any and all temporary electric power required during construction period.
Contractor shall check and verify the water pressure at P.O.C. prior to beginning of work. Notify
Resident Engineer of any discrepancy between pressure indicated on plans and actual water pressure.
Contractor shall check and verify all site conditions, utilities, and services prior to trenching. Verify
point of connection location prior to beginning of work.
Plans are diagrammatic and approximate. All piping, valve boxes, backflow preventers, etc., shall be
located in planting areas where possible. No irrigation equipment except pipe crossings and electrical crossings shall be located in the street except where street crossings or trench rerouting is required to
protect existing trees.
All irrigation equipment shall be installed, flushed, pressure tested, and the coverage test approved
prior to plant installation.
a Page 104 of 110 Page Contract No. 3851 911 1/00
308-5.2 Irrigation Pipeline Installation
1) Amend to read:
308-5.2.1 General. Concrete thrust blocks, minimum one (1) cubic foot, with sufficient bearing area to
resist the thrust of water, shall be constructed against undisturbed earth at all changes or direction
exceeding forty-five degrees (45") for pressure mainline pipe larger than two inches (2"). thrust blocks
shall be installed at gate valves, tees, elbows, crosses, and ends of pipe runs; or whenever the
Landscape Inspector deems one to be necessary. Thrust blocks are to be installed as per Standard
Drawings W-17, W-18, and W-19; SDW io0 for four-inch (4") pipe or larger.
Contractor shall install sleeves and chases where any waterline or controller wire passes under paving.
1) Sleeves and chases shall extend two fee (2') beyond each side of the improvement. The letter "E"
for electrical or the letter "W for water shall be stamped or chiseled on the improvement directly above
sleeves thirty-six inches (36") deep minimum for water. Sleeves and chases shall be Schedule 40 PVC
the chase or sleeve. The chases shall be a minimum fifteen inches (15") deep for electrical and the
with typical diameter of two (2) times larger than the diameter of the waterline to be installed in sleeve.
conduit shall be plaster or mortar sand with a sand equivalent of 50, per Section 200 of the Standard
3) Sand encasement, where applicable, for all irrigation pipe, direct burial control wire, and electrical
Specifications.
All pressure pipe shall have a continuous blue colored trench mahker tape placed nine inches. (9")
below finished grade directly aboVethe buried pipe. Marker tape shall be "Alarmtape" as manufactured
by Paul Potter Warning Tape, Inc.. or approved equal.
Avoid installing pipe through proposed tree locations to avoid conflict with root ball.
All wires in pull boxes shall be loose and shall not come within three inches (3") from lid. Boxes shall
be sized accordingly to accommodate this requirement.
Valve sizes shall be as specified on the plans.
3084.4 Sprinkler Head Installation And Adjustment
1) Add the following:
308-5.4.2 Location, Elevation and Spacing. Plans are diagrammatic and approximate. Precise
location of headdbubblers shall be Field adjusted to meet minor variations of Field conditions from the
plan.
Add the following:
308-5.5 Automatic Control System Installation
1) Testing: All wiring shall be tested for continuity, open circuits, and unintentional grounds prior to
connecting to equipment. The minimum insulation resistance to ground shall be fifty (50) megohms.
Any wiring not meeting this requirement shall be replaced at the Contractor's expense.
1) All wires in pull boxes shall be loose and shall not come within three inches (3) from lid. Boxes
shall be sized accordingly to accommodate this requirement.
A reduced "As-Built" irrigation plan, color-coded by stations and laminated in plastic, shall be mounted
on the inside of the controller enclosure for use by maintenance personnel.
2)
Page 105 of 110 Page Contract No. 3851 911 1/00
Each installed remote control valve shall be coded to its parent controller in the same numerical
sequence as indicated in Section 212-3.2.1.
Controllers, 12-volt conductors and valve actuator shall be installed in conformance with the controller
manufacturer's instructions.
Add the following:
308-5.6 Flushing and Testing. Flush all pipes clean prior to installing sprinkler heads. Do not
allow water from irrigation flushing to enter plant pits where water would result in over-saturation of soil
creating an unhealthful condition for plant materials.
Amend the following to read:
308-5.6.2 Pipeline Pressure Test. (Last sentence) Mains larger than two inches (2), asbestos
cement mains and mains employing socket and spigot gasket joints, shall be tested in accordance with
Section 306-1.4; all other mains and laterals shall be tested at a static pressure of 150 PSI for two (2)
hours.
If leaks develop, repair leaking portions and repeat test until entire system is proven water-tight.
Test shall be observed and approved by Resident Engineer prior to backfilling trenches.
Coverage Test and Adjustment: When system is complete, and prior to planting, the Contractor shall
amending inadequate coverage to the satisfaction of the Engineer.; .,
perform a coverage test in the presence of the Resident Engineer. Contractor shall be responsible for . .
Add the following Section:
' 308-5.7 As-Built Plans (Record Drawings). Before final acceptance of work, the Contractor shall
provide a record set of drawings showing the irrigation system work. Information shall be on clean, full.
size blueprints of plans. Lettering shall be one quarter (1/4) inch height. All items changed/relocated
from original drawings shall be so indicated with the same symbol in the new location. All notes/
callouts pertaining to the item shall be directed to new location. All work shall be neat, indicated in red
ink and subject to the satisfaction of the Resident Engineer.
All valves shall be numbered by station and corresponding numbers shall be shown on the record
drawings. Contractor shall provide Owner with a wiring diagram of each power circuit and control
panel that corresponds to each irrigation controller supplied.
All main lines, lateral lines, sleeves, flow sensors, master control valves, remote control valves, shut-off
valves, quick coupling valves, and controllers shall be located by measured dimensions, to the nearest
on-half foot. Dimensions shall be given from permanent objects such as sidewalks, curbs, walls,
structures and driveways.
On the inside surface of the cover of each Automatic Controller, prepare and mount a clear plastic
encased, waterproof color-coded chart showing the valves, mailine, and systems serviced by that
particular Controller. All valves shall be numbered to match the operation schedule and the drawings.
Only those areas controlled by that Controller shall be shown. This chart shall be a plot plan, entire or
partial, showing building, walks, roads and walls. A photostatic print of this plan, reduced as necessary
and legible in all details, shall be made to a size that will fit into the Controller cover. This print shall be
approved by the Owner's Designated Representative and shall be hermetically sealed by plastic. This
shall then be secured to the back of the enclosure door.
e Page 106 of 110 Page Contract No. 3851 9/11 /oo
The Contractor shall keep on the site at all times, a current record set of the plans.
Immediately upon the installation of any buried pipe or equipment, but prior to any backfilling of
trenches, the Contractor shall indicate on the record set of drawings the locations of said pipe or
with size and depth.
equipment. All changes in direction of main line or lateral lines and all sleeves shall be noted on plans
Record drawings shall be signed and dated in red .ink by the Contractor'attesting and certifying the
accuracy of the record drawings. Contractor shall also include contractor company name, address and
phone number on record drawings.
Add the following:
308-5.8 Operation and Maintenance Manuals. Prepare and deliver to the Resident Engineer
within ten calendar days prior to completion of construction, two (2) three ring hard cover binders
containing the following information:
Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturers' representatives.
Catalog and parts sheets on all material and equipment.
Contractor Guarantee statement.
Complete operating and maintenance instructions for all equipment.
In addition to the above mentioned maintenance manuals, provide the maintenance personnel with
- instructions for maintaining equipment and show evidence of such instruction in writing to the Resident
Engineer at the conclusion of the project.
Add the following:
308-5.9 Extra Equipment. Contractor shall provide to the Owner:
Three (3) keys for opening and locking each automatic controller enclosure.
Two (2) globe valve keys with a minimum four (4) foot long handle.
Five (5) sprinkler heads with nozzles, screens and flexible swing joints of each type used on the
project.
Five (5) quick coupler keys with swivel hose ells to match quick coupler valves used on the project.
Add the following:
308-6 MAINTENANCE AND PLANT ESTABLISHMENT
1) A construction maintenance period shall be included as part of the scope of work for this Project and
shall not begin until all items in the contract are complete. constructed and in place. The effective date
of the start of the construction maintenance period shall be established by the Resident Engineer.
The construction maintenance period shall last ninety (90) calendar days, or until final acceptance as
determined by the Engineer and shall not be included in the time of working days, per Section 6-7.
@ Page 107 of 110Page Contract No. 3851 9/11/00
The Contractor shall provide complete landscape maintenance of all planting areas. The work shall
include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, repair of
irrigation systems, control of diseases and pests, and control and repair of soil erosion.
1) All bark-mulched areas and planted areas, except lawn and hydroseed areas, shall be treated with
an approved granular pre-emergent herbicide according to manufacturer’s specifications at the
beginning of the post-construction maintenance period and, if the product specifies, additional
scheduled treatments on a regular schedule, as required through the post-construction maintenance
period. Verify appropriate product use on newly planted groundcovers.
At the direction of the Resident Engineer, the Contractor shall control weeds, disease, and pest
infestations in the planting areas. Resident Engineer shall approve all methods and materials for such
control. Upon approval, the Contractor shall implement the control measures exercising extreme
caution in using pesticides and taking all steps to insure the safety of the public. Only licensed
personnel will be permitted to perform toxic spraying.
1) During the plant establishment period, the Contractor shall fumish sufficient personnel and equipment on a daily or weekly basis to perform the work required by this section. Any day when the
Contractor fails to adequately carry out specified maintenance work, as determined necessary by the
Resident Engineer, the day will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within thirty (30) calendar
days following completion of construction in such areas. Unless otherwise approved by the Resident
the same vegetation as originally specified and maintaining the area to achieve acceptable plant Engineer, repair shall consist of bringing the damaged area back to final grade,.replanting the area with
establishment.
The Contractor is responsible for protection of all planting during the entire contract period by adequate
methods. Planting damaged during the contract period shall be replaced.
Contractor shall call Resident Engineer for one final inspection one (1) week before the end of the construction maintenance period. Failure to pass inspection will result in an extension of the
construction maintenance period as the Resident Engineer deems necessary, at no additional cost to
the City.
Add the following:
308-6.1 Payment. Payment for maintenance and plant establishment work shall be made in the
Lump Sum amount stipulated for the contract Bid Item, “Plant Establishment”. Payment shall be made
in amounts of $1.000 per calendar month that work is performed up to a maximum of three months and
in accordance with Section 308-6 and to the satisfaction of the Engineer.
Add the following:
1) All fifteen (15) gallon and larger trees installed under the contract shall be guaranteed to live and
grow for one (1) year from the date of final acceptance of the contract work unless decline of plant is
specifically attributable to causes unrelated to installation, plant material quality and Contractor’s
maintenance practices.
All other plant material, including ground covers, shall be guaranteed to live and grow for a period of
ninety (90) calendar days from the date final acceptance of contract work unless decline of plant is
specifically attributable to causes unrelated to installation, plant material quality and Contractor‘s
maintenance practices.
308-7 GUARANTEE
Contract No. 3851 91 1 1 I00
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Any material found to be dead, missing or in poor condition during the post-construction maintenance
period, shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Material found to be dead or in poor condition within the guarantee period shall be replaced
by the Contractor, at his expense, within fifteen (15) days of written notification. Replacement shall be
made to the same specifications required for the original plantings.
The entire irrigation system shall be guaranteed against defects in material and workmanship for a
period of one (1) year from the date of acceptance of the work. Should the Contractor fail, during the
guarantee period, to expeditiously correct a defect upon written notification by the City, the city shall
cause the work to be corrected and bill the actual costs incurred to the Contractor. Defect corrections
shall include the complete restoration of existing improvements that were damaged as a result of the
defect.
SECTION 310 - PAINTING
31 0-5 PAINTING VARIOUS SURFACES
1) Add the following:
310-5.6.1 General. Traffic signs, stripes, legends, and raised pavement markers shall conform to the
California Department of Transportation Traffic Sian SDecification. Traffic Manual, Maintenance
Manual, and Caltrans Standard SDecifications.
Traffic striping shall conform to Sections 84 and 85 as modified by these Special Provisions. Traffic
Control shall be per the Caltrans Manual of Traffic Controls for Construction and Maintenance Work
Zones.
Pavement legends shall conform to Agency stencils.
Stripes and pavement legends shall be reflectorized.
Add new Subsection:
310-5.6.1.1 Signs. All signs shall conform to the California Department of Transportation Traffic
Manual and mounted on metal posts.
posts - All metal posts shall be galvanized steel tubing, Schedule 10 with breakaway base, ‘uni-strut” or approved equal. Mounting height is seven feet (7’) to bottom of sign.
Brackets -All brackets shall be vandal-proof hardware.
Installation - Post foundation shall be ten inches (IO) in diameter and thirty inches (30) deep. The
post base shall be embedded twenty-four inches (24”) into the 500-C-2500 concrete foundation.
Sign Location - The actual location of all signs shall be determined by the Engineer prior to installation.
Add the following:
310-5.6.7 Layout, Alignment and Spotting. The Contractor shall fumish the necessary control
points for all striping and markings, and shall be responsible for the completeness and accuracy
thereof to the satisfaction of the Engineer.
Spotting shall be completed prior to the removal of any existing stripes or markings. Existing stripes
and markings shall be removed by wet sandblasting prior to painting new ones, but in no case shall
Contract No. 3851 911 1/00
any section of street be left without the proper striping for more than twenty-four (24) hours, or over
weekends or holidays. Temporary markings shall be installed to the satisfaction of the Engineer.
Add the following:
310-5.6.8 Application of Paint. Pavement markings and traffic stripes shall be applied in two (2)
coats. The second coat shall be applied one (1) week after the first coat.
Each coat of paint for any traffic stripe, including glass beads where required, shall be applied in one
pass of the striping machine, regardless of the number, widths, and patterns of individual stripes
involved.
Paint to be applied in two (2) coats shall be applied approximately as follows:
Solvent Borne Paint
Water Borne Paint
Square Foot Coveraae Per Gallon
First Coat 360 Second Coat
150
215
The exact rate of paint to be applied will be determined by the Engineer.
Unless othewise directed by the Engineer, glass beads shall be uniformly incorporated in all coats of
paint concurrently with the application of the paint, except that glass beads shall not be applied to black
paint. Beads shall be embedded in the coat of traffic paint being applied to a depth of one-half their
diameters.
Glass beads shall be applied at an approximate rate of five (5) pounds per gallon of paint. The exact
rate will be determined by the Engineer.
Any removal of traffic stripes and markings shall be accomplished bythe wet sandblasting method.or
waterblasting method. The machine used for this purpose shall meet all requirements of the air
removed without delay.
pollution control district having jurisdiction in the project area. All sand used in wet sandblasting shall be
Replace with the following:
310-5.6.10Measurement and Payment. Compensation for traffic signs, striping and marking shall be
considered as included in the contract prices paid for the related items of work, and no additional
compensation will be allowed therefore.
The compensation shall include furnishing all labor, materials (including adhesives, glass beads, and
paint), tools, equipment and incidentals, and for doing the work involved in installing traffic signs,
striping and markers complete in place; including removal of existing stripes, and salvaging and
stockpiling of existing obsolete signs, and necessary traffic control as shown on the plans, and as
specified in these Special Provisions and as directed by the Engineer.
APPENDIX A
STANDARD DRAWINGS
Contract No. 3851 911 1100
~~~ ..
TYPE-A WALL
lApplirable for all types
of backlill loadinal
r 1 112 : 1 Slope Unlimited
/ 'v OR
There shall be ns
loadings extending
above top of wall
within a distance '
equal to height of
TYPE-B WALL TYPE-C WALL 1
I- Expansion joint @ 30" O" r centers , I
(max) andlor @ each nep. i
Finished Ground Line
TYPICAL ELEVATION
NOTE
See Standard Drawing C.10 for Section A-A. notes and details.
GRAVITY RETAINING WALLS
"""
NOTES:
I. DISTRICT WIU SET METER 8 BALL VALVE.
2. aU COPPER JOINlS SHALL BE SILVER SOUXRED. IN CONFURWE WITH SPEOFICATKNS
4. TAP TO MAIN lU BE MINIMUM OF 18' FROM NEPREST COVPLING OR TAP.
5. POSITION c\NoDE MIDWAY BETMEN
~ ~ ". .~ .. .
PIPELINE AND METER BOX.
APPENDIX B
LIST OF SUBMITTALS
Contract No. 3851
~ ~~ ~~__
tape, etc.
valve boxes, pull boxes, control wires, Irrigation heads, emitters, trench marking
Miscellaneous
10 308-2.3.2 Soil tests -
Page 113 of IlOPage Contract No. 3851 9/11/00