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HomeMy WebLinkAboutAmerican Asphalt Repair & Resurfacing Company; 1998-08-04; 366711988 DOC T= 1999-0685246 Recording requested by: CITY OF CARLSBAD CJCT II, 1999 10=25 f-WI rnICI# lEalRM When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad. CA 92008 Space above this line for Recorder’s Use NOTICE OF COMPLETION -- Notice is hereby 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 June 23, 1999. The name of the contractor, if any, for such work of improvement is American Asphalt Repair and Resurfacing Company, Inc. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the 1998 Street Sealing Project, Project No. 36671. 8. The address of said property is within the limits of the City of Carlsbad. public W&l& Director/City Engineer 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 October 5 1999, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 7 , 1999, at Carlsbad, California. CITY OF CARLSBAD City Clerk CITY OF CARLSBAD PROJECT: #36671 1988 STREET SEALING PROJECT CONTRACT CHANGE ORDER NO. 4 CONTRACT NO. 33671 P.O. NO. P106230 ACCOUNT NO. 3427000-9060-36671-900 CONTRACTOR: ADDRESS: AMERICAN APSHAL T REPAIR & RESURFACING CO. INC. 27601 INDUSTRIAL BLVD. HAYWARD, CA 94545 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3, Agreed Prices, SSPWC 1997 and the Special Provisions perform the following: Item 1: Remobilize all labor and equipment required to slurry seal and stripe Carlsbad Village Drive from Highland to Pio Pico to allow for an 18 foot wide westbound Number 2 lane for parking adjacent to the Library. Remobilization also includes all striping not shown on the Plans but required to replace existing striping project wide. All materials shall be paid for by Item Number 2 below. All work on Carlsbad Village Drive is to be completed on a Sunday. Remobilization to be paid for at the lump sum price of $3,000.00. Increase to contract cost .................................................... $ 3,000.00 ( #36671 1998 STREET SEALING PROJECT Change Order No. 4 Page 2 Pursuant to subsection 3-2.2.1, Contract Unit Prices, SSPWC 1997 and the Special Provisions perform the following: Item 2: Slurry seal and stripe Carlsbad Village Drive from Highland to Pio Pico to allow for an 18 foot wide westbound Number 2 lane for parking adjacent to the Library. Also include all striping not shown on the Plans but required to replace existing striping project wide. All materials shall be paid for by the following Contract Bid Unit Prices: Bid Item Number 2 -REAS 850 gallons x $3.87/gallon = $3,289.50 Bid Item Number 4 -4-lnch Double Yellow Line Bid Item Number 7 -8-lnch White Channelizing Line Bid Item Number 8 -4-lnch White Line 340 LF x $0.70/LF = $238.00 193 LF x $1.00/LF = $193.00 2,039 LF x $0.25/LF = $509.75 1,226 LF x $1.00/LF = $1,226.00 Bid Item Number 9 -4-lnch Yellow 2-Way Left Tum Increase to contract cost .................................................... $ 5,456.25 TOTAL INCREASE TO CONTRACT COST .......................... $ 8,456.25 TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: /. Af~ ~KS MANAGER i~Y"( PUBLIC WORKS DIR/ CITY ENG. (DATE) FINANCE DIRECTOR DISTRUBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR (DATE) APPROVED BY: CONTRACTOR (DATE) CITY MANAGER/MAYOR (DATE) CITY OF CARLSBAD PROJECT: #36671 1988 STREET SEALING PROJECT CONTRACT CHANGE ORDER NO. 3 CONTRACT NO. 33671 P.O. NO. P106230{CCOUNT NO. 3427000-9060-36671-900 CONTRACTOR: / AMERICAN APSHAL T REPAIR & RESURFACING CO. INC. ADDRESS: 27601 INDUSTRIAL BLVD. HAYWARD, CA 94545 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-2.2.1, Contract Unit Prices, SSPWC 1997 and the Special Provisions: Item 1: Delete all Contract work associated with slurry sealing the following streets: • Oviedo Court • Galcia Way from Levante to Mallorca • Marquita Place • Quitasol Street • Boca Street • Palacio Drive from Escencio Terra to Sereno Court • La Macarena Avenue from Los Pinos Circle to Amargosa Drive • Jacaranda Avenue from La Macarena Ave. to Amargosa Drive • Glasgow Drive from Carlsbad Village Drive to Middleton Drive Add slurry seal to the Calaveras Park parking lot per the Contract requirements. Bid Item 2 (REAS) decreases by 1,822 Gallons x $3.87/Gal = ($7,051.14). Decrease to contract cost .................................................. $ (7,051.14) '· 1111 1999 '· #36671 1998 STREET SEALING PROJECT Change Order No. 3 Page 2 Item 2: Paint 4-inch white lane lines per Bid Item 8 replacing all existing parking lot striping at Calaveras Park upon completion of the slurry seal per Item 1 above. Bid item 8 increases by 2701 LF x $0.25/LF = $675.25 Increase to contract cost .................................................... $ 675.25 Item 3: Paint blue handicapped symbols replacing all existing painted handicapped symbols at Calaveras Park parking lot upon completion of the slurry seal per Item 1 above; 6 Each x $50.00/Each = $300.00 Increase to contract cost .................................................... $ 300.00 Item 4: Remove existing street section to a depth of 6 inches and replace with full depth asphalt concrete as directed by the Engineer on the following streets: Saliente Way Botella Place Madrilena Way Rocoso Street Represa Circle Acuina Court Urubu Street Galicia Way Anillo Way Call Madero La Capela Place Atadero Court Unicornio Street Althea Lane Palacio Drive Vistosa Place La Duela Lane Represa Circle Bolero Street Flamengo Street Calaveras Park Additional work to be paid for at 5,597 SF x $5.00/SF = $27,985.00 Increase to contract cost .................................................... $ 27,985.00 Item 5: Delete full depth asphalt repairs per Bid Item 16 (Construct Full Depth Asphalt Concrete) for all streets identified in Item 4 above. Bid item 16 decreases by 1462 SF x $8.00/SF = ($11,696.00). Decrease to contract cost .................................................. $ (11,696.00) TOTAL INCREASE TO CONTRACT COST .......................... $ 10,213.11 \ #36671 1998 STREET SEALING PROJECT Change Order No. 3 Page 3 TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: • DISTRUBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: Jl ~ 7-n-11 ·coN1CToR (DATE) , . .. CITY OF CARLSBAD (j PROJECT: #3.1671 1988 STREET SEALING PROJECT CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. 33671 P.O. NO. Piol;?-30 ACCOUNT NO. 34~ 1oa:)C\()tpO / '3u~ 719cc CONTRACTOR: ADDRESS: AMERICAN APSHAL T REPAIR & RESURFACING CO. INC. 27601 INDUSTRIAL BLVD. HAYWARD, CA 94545 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Subsection 3-1, Changes Requested by the Contractor, SSPWC 1997 and the Special Provisions: Item 1: Delete the third paragraph from Section 7-10-3.2 of the Special Provisions and replace with "On all other streets to be sealed, the Contractor may be allowed to close streets to traffic for one day while completing the slurry seal. An approved traffic control plan for street closure has to be approved by the Engineer before work starts. The Engineer reserves the right to modify the approved traffic control plan as field conditions warrant." Failure to adhere to the approved traffic control plan will result in voiding this Change Order. Increase to contract cost .................................................... $ 0.00 TOTAL INCREASE TO CONTRACT COST .......................... $ 0.00 . . .. .. #33671 1998 STREET SEALING PROJECT Change Order No. 2 Page 2 TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL BE DECREASED BY 30 WORKING DAYS. RECOMMENDED BY: ~ ,;_, ~ 0?th1 INACE DIRECTOR (DATE) DISTRUBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: 5 -2 -CJ°; (DATE) - -- ,- 1998 STREET SEALING PROJECT CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR CONTRACT NO. 36671 August 4,1998 -. ?a 7117198 Contract No. 36671 b Page 1 of 77 Pages C r. - c -. -. ,- -. I-’ TABLE OF CONTENTS m Paae NOTICE INVITING BIDS .......................................................................................................... .4 CONTRACTOR’S PROPOSAL.. ................................................................................................ 8 BID SECURITY FORM ............................................................................................................ 14 BIDDER’S BOND TO ACCOMPANY PROPOSAL ................................................................... 15 GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS.. ...................................... 17 DESIGNATION OF SUBCONTRACTOR &AMOUNT OF SUBCONTRACTOR’S BID .......... 19 DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK ................................................................................................ 20 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. 21 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ 22 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION.. ......................... 23 BIDDER’ S STATEMENT OF RE-DEBARMENT ..................................................................... 24 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD ................................................... 25 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIlTED WITH BID ............................................................................... 27 CONTRACT PUBLIC WORKS ................................................................................................. 28 LABOR AND MATERIALS BOND ............................................................................................ 34 FAITHFUL PERFORMANCE/WARRANTY BOND ................................................................... 36 REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS.............. 63 7117198 Contract No. 36671 Page 2 of 77 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 C ‘r? 7/l 7198 Contract No. 36671 Page 3 of 77 Pages - - -- CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 1” day of October, 1998, at which time they will be opened and read, for performing the work as follows: 1998 STREET SEALING PROJECT CONTRACT NO. 36671 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction (1997 Edition, and the 1998 suoolements thereto). all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in - the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed, properly executed and notarized are: I- - 7/l 7198 Contract No. 36671 Page 4 of 77 Pages -\ 1. Contractor’s Proposal 2. Bidders Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience 8. Certificate of Insurance 9. Bidder’ s Statement Re Debarment 1 O.Bidder’s Disclosure Of Discipline Record 11 .Purchasing Department Representation and Certification 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is $835,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A, C12, C32, in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu - of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of $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, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a coy of which will be mailed or delivered to each person receiving a set of the contract documents. No addition to, or modification of or interpretation of any provision in the contract documents will be given orally nor may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. v) 7117i98 Contract No. 36671 Page 5 of 77 Pages - - The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. ,- Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer’s receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key Rating Guide of at least A-V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. F- a 71i7/98 Contract No. 36671 Page 6 of 77 Pages I 1 City of Carlsbad September 15,1998 RECEMD SEP I 8’ 1Y98 AMERICAN ASPHALT ADDENDUM NO. 1 RE: 199S STREET SEALING PROJECT - CONTRACT NO. 366X Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when you bid is submitted. &J?UTH FLETCHER Purchasing Officer RF:KD; kd Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder’s dignature 1200 Carlsbad Village Drive l Carlsbad, CA 92008-l 989 l (760) 434-2803 - FAX (760) 434-l 987 @ . . NOTICE TO BIDDERS September 14,1998 The City of Carlsbad hereby issues “Addendum No. 1” to the Contract Documents and Special Provisions for the 1998 Street Sealing Project, Contract No. 36671. Addendum no. 1 consists of this notice, and 3 pages. The addendum changes the description of items #2 “Rubberized Street Sealing”, and adds previously omitted page 7 of the Notice Inviting Bids section. The provisions contained in the addendum are made part of the notice, bid sheets and specifications of the project as though originally bound with them. As of this date Addendum No. 1 contains all changes to the originally issued specifications. Bidders are advised to verify the issuance of addenda and receipt thereof one day prior to bidding. Submission of your bid without acknowledgment of all addenda may be cause for rejection of the bid. Publi&orks Director cc: Principal Civil Engineer, Walter H. Brown Purchasing Officer, Ruth Fletcher Attachments LBH:jp .r . . . . ADDENDUM NO. 1 TO CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR THE 1998 STREET SEALING PROJECT CONTRACT NO. 36671 Page 1 of l(with 2 attachments) To the Special Provisions, Notice Inviting Bids and Contractor’s Proposal section, modify the following: l Add page 7 of “Notice Inviting Bids” section attached. 8 To page 8 of Contractor’s Proposal amend bid item no. 2 previously written as “Rubberized Street Sealing at” to read “Rubberized Emulsion Aggregate Slurry (REAS) at ” (see revised Contractor’s Proposal page 8 attached). Bid quantity of item no. 2 remains unchanged. r 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 induded in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, asdescribed 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 Car&bad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, Caliicmz t{ Resolution No 98-264 I adopted on the 4th day of August A Date w \? 7117198 Contract No. 36671 Page 7 of 77 Pages . CITY OF CARLSBAD CONTRACT NO. 36671 CONTRACTOR’S PROPOSAL City Council City of Carlsbad 1200 Carisbad Village Drive Cansbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 36671 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Item No. 0 1 2 Rubberized Emulsion Aggregate Slurry 3 DescriDtion Dollars (Lump Sum) Install Stop Bar and Pavement Legend (Thermoplastic) at Doliars Each Paint 4” Double Yellow Line per /;o&iTA Dollars per Lineal Foot Paint 4” Double Yellow Line per 1,620 LF Quantity and Unit 1 LS 117,000 GAL 48 EA 2,415 LF 3.27 Contract No. 36671 Page 8 of 77 Pages CITY OF CARLSBAD CONTRACT NO. 36671 - C F I P P P A CONTRACTOR‘S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the lo Inviting Bids, examined the Plans, Specifications, Special Pro hereby proposes to furnish all labor, materials, equipment, tran do all the work to complete Contract No. 36671 in accorda Special Provisions and’ addenda thereto and that he/she wil following unit prices for each item complete, to wit: Item NQA 1 Descriotion Approximate Quantity Unit and Unit / Price Total Traffic Control at 1 Dollars (Lump Sum) Rubberized Street Sealing at / “$P~ 2,415 LF 511 1,620 LF Dollars per Lineal Foot 70 7i98 Contract No. 36671 Page 8 of 77 Pages Approximate Item r k-L 6 -- 7 8 Paint 4” White Lane Line oer Caltrans 5.470 LF 9 10 11 Paint 6” Solid White Bike Lane Line 2,580 LF C 12 P- 13 14 ,P Descriotion Paint 12” White Line at Dollars per Lineal Foot Paint 8” White Channelizing Line per Caltrans Detail 38 at Quantity and Unit 800 LF 1,535 LF Dollars per Lineal Foot Detail 12 at Dollars per Lineal Foot Paint 4” Yellow Two-Way Left Turn Lane per Caltrans Detail 32 at Dollars per Lineal Foot Paint 4” Double Yellow Painted Median per Caltrans Detail 29 at 1,060 LF 635 LF Dollars per Lineal Foot Dollars per Lineal Foot Paint 6” White Bike Lane Intersection Line (200’) per Caltra / /ld-ucGLu , Dollars per Lineal Foot Install Pavement I v Dollars Each 800 LF 20 EA 2EA Dollars Each 7117198 Contract No. 36671 Unit P m &a00 P Loo k Lo6 Page 9 of 77 Pages / Item !!&!A 15 Install Bike Lane Pavement Legend Dollars Each - 16 Construct Full Depth (1 .O’) Asphalt Dollars per Square Foot 17 Construct Crack Fill and Seal at 18 19 Approximate Quantity and Unit Unit && u 1,813 SF 9EA QD. Oc, =TD,D~ 1,705 LF Dollars per Linear Foot Install Temporary Pavement Markers 1 LS Dollars (Lump Sum) 1 LS I Dollars (Lump Sum) --c-,,~k-A,~ / - Total amount of bid in words. Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after d opals, wTNESSED AND RECORDED: /P/L 7,s a DATE SIGNAmRE a 7117198 Contract No. 36671 Page 10 of 77 Pages - Addendum(a) No(s). 2 proposal. has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. - The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. - The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity f a contractor within the State of Californi validly licensed under license number 43459 I a , classification A. C- 3 22 which expires on s- AI- $9 / , and that this statement is true and car ct and has the legal effect of an affidavit. c & A bid submitted to the City by a Contractor who is not licensed ~I~ 62 4JQ ab a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 9 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 20104. - The Undersigned bidder hereby represents as follows: - )‘ 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no - representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and P 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 &* dd, r\s bd or Cashier’s Check) for ten percent (lo%; of the amount bid. (Cash, Certified Check, Bond The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ‘3 7117198 Contract No. 36671 Page 11 of 77 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: *- (1) (2) (3) Name under which business is conducted Signature (given and surname) of proprietor 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) P City and State (4) Zip Code Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) 4 (Title) Impress Corporate Seal here Contract No. 36671 Page 12 of 77 Pages C (3) Incorporated under the laws of the State of G ,I$. I (4) Place of Business d-m zkk4&:4C $&A (Street and Number) City and State (5) Zip Code 945 qc Telephone No. (2)U) 7&?3-0=(9 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Ah, A. t-\&w, Contract No. 36671 Page 13 of 77 Pages C BID SECURITY FORM .-. (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF - CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (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. C BIDDER P C C *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) 7/l 7198 Contract No. 36671 Page 14 of 77 Pages SENT BY: 8-21-98 ; 12:32 ; CAMARILLO KINKO’S-, 6505980370;#14 j3 / . . ‘BIDDER’S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: AMERICAN ASPHALT REPAIR & That we, RESURFACING COMPANY, INC. as Principal,and DEVELOPERS INSURANCE COMXANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN a OF m. BID for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these pfesents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 1998 STREET SEALING PROJECT CONTRACT NO. 36671 in the Cl of Carlsbad. is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and Insurance policies wlthfn twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. , Contract No. 36671 Page 15 of 77 Pagee SENT BY: . 8-21-98 ; 12:33 ; CAMARILLO KINKO’S-, 6505980370;#15 - In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of .19-. PRINCIPAL: AMERICAN ASPHALT REPAIR & RESURFACING COMPANY, INC. (print name here) J cfch? /WI (Title and Or&kation of Signatory) By:_.,,, (sign here) (print name here) (tit!e and organbation of signatory) Executed by SURETY this 28TH _ day of SEPTEMBER ,19%. SURETY: DEVELOPERS INSURANCE COMPANY (name of Surety) 17780 FITCH STREET. S-200 (address of Surety) IRvINE, CA 92614 800 789 15hh (telephone number of Surety) MARK ROPPO ATTORNEY-IN-FACT (prfnted name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney. ) P (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary w assistant secretary must sign for corporations. If only one offwr signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowerlng that offker to bind the corporation.) APPROVED AS TO FORM! RONALD R. BALL I City Attorney I 8y: Contract No. 36671 Page is of 77 Pages POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY p.0. BOX 19725, WINE, CA 92623 l (714) 263-3300 NC 039865 UQDICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee’s records. I(NOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each !sverally, but not jointly, hereby make, constitute and appoint +**Jason Jenkins, Mark Roppo, James B. Shea, Katherine G. Zerounian, jointly or severally*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship i 1 an amount not exceeding Three Million Five Hundred Thousand Dollars ($3.509,099) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full tlower of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. lhis Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY 4:OMPANY OF CAUFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24.1996: RESOLVED, that the Chairman of the Board, the President and any Wee President of the corporations be, and that each of them hereby is, authorbed to execute Powers of Iittomey, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary cr any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such flower of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking (lr contract of suretyship to which it is attached. I U WTTNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective f’residents and attested by their respective Secretaries this 3rd day of February, 1997. I YDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY E,Y Secretary 5 TATE OF CALIFORNIA COUNTY OF ORANGE ATTEST Walter Crowell s%cretaty On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of Sltisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CERTtFlCATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregorng and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provislons of the resolutions of the respective Eoards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. .- This Certificate is executed in the city of lrvine. California. this -day of SEPTEMBER, 1% 8 II L. .rNIM COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Senior Vice President Senior Vice President El-313 REV (3/97) - California All Purpose Acknowledgment State of California County of San Mateo On SEPTEMBER 28, 1998 , before me, Katherine G. Zerounian, Notary Public Date Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) ,- personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heAhe#bey executed the same in his+he#!Ar authorized capacity@+ and that by his#bet#Wr signature(s) on the instrument the personff), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. PubIk-califaTaa fJhe li7formation belowk nofrequked bylaw) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc . . I ’ c BIDDER’S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, as Principal, and as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:’ (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 1998 STREET SEALING PROJECT CONTRACT NO. 36671 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. a 7117198 Contract No. 36671 Page 15 of 77 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of ,I9 * PRINCIPAL: (name of Principal) By: (sign here) (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this day of ,I9 - SURETY: (name of Surety) (address of Surety) (telephone number of Surety) By: (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE MOBALDI, Assistant City Attorney vq 71-I 7/98 Contract No. 36671 Page 16 of 77 Pages ,- - - GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Special Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisions. - CAUTIONS Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by other than the Contractor’s own organization will be rejected as non- responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the Work. /c All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the - percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O” as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installed. - - Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, installing them. The value of material incorporated in any Subcontracted or Owner Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor is required to perform with its own organization. The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form I‘ page of each type so duplicated. C. ?G 7117198 Contract No. 36671 Page 17 of 77 Pages Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If ,- using this option the Bidder must indicate the bid item numbers to which the information in the row - pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. - When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. - Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final. C -. ?G 7117198 Contract No. 36671 Page 18 of 77 Pages ,- - - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: Street City State Zip Telephone Number plus Area Code: California State Contractors License No. & Classification: - Carlsbad Business License No.: SUBCONTRACTORS BID ITEMS Amount of Item Amount of Item by Overhead & Profit ExDlanatlon: Column 1 - Bid Item No. from the bid proposal, pages 8-10. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the r” item on bid proposal pages 8-10. -. Page - of pages of this form G 7117198 Contract No. 36671 Page 19 of 77 Pages ,- - - - DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK The Bidder MUST complete each information field on this form for each owner operator/or Lessor (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessor. See section l-2 of the Special Provisions for definition of Owner Operator/Lessor. Full Owner Operator/Lessor Name: Complete Address: Street C C City State Zip Telephone Number plus Area Code: ( ) City of Carlsbad Business License No.: OWNER OPERATOR/LESSOR WORK ITEMS Exdanatlon: Column 1 - Bid Item No. from the bid proposal, pages 8-10. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8-10. - Page- - of pages of this form 43 7117198 Contract No. 36671 Page 20 of 77 Pages BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. - Contract No. 36671 Page 21 of 77 Pages rc- - - BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract ’ 9ff CC+/ 6$ SS? 04~0 @-A 5 . g/d ” (5 &WA 6lbA) Contract No. 36671 Page 22 of 77 Pages BIDDER’S CERTIFICATE OF INSURANCE FOR CI - GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. - 1. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer’s Liability Automobile Liability Workers Compensation 2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. .zc - - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) meet the conditions stated in The Notice inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. C C pF? mn9a Contract No. 36671 Page 23 of 77 Pages 7 br C A 3 c i R F H C 1 I I I IN’ ; I I I Client#: 35788 AMERIASPH -- ,acxXfk CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYJ 12/31/98 ;‘)DUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION 'onstruction Unit ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J3D Ins. and Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. W Island Parkway, Suite 300 .mont, CA 94002-4110 INSURERS AFFORDING COVERAGE l!iURED merican Asphalt Repair & Ilzsurfacing Company, Inc. '.O. Box 3367 Layward, CA 94540 LL~ c.~ilhlsll~1~~(4:Newmarket Underwriters Insurance . ..1-. .-. . . p;,:~qiG& /e- /)c& Bz== - ’ INSURER E: !)VERAGES T-iE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERICD INDICATED. NOTWITHSTANDING 4NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WtTH RESPECT TO WHlCH THIS CERTIFICATE MAY BE ISSUED OR bIAY PERTAIN. THE INSURANCE AFFORDED BY THE POLlClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSICNS AND CONDITIONS OF SUCH ‘3LlCIES. AGGREGATE LlMiTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R; -__-- _.-.- __--. C3 TYPE OF INSURANCE POLICY NUMBER ; POLICY EFFECTIVE ,pOLlFY EMpIRAT;ON LIMITS ! 5ENERAL LIABILITY .JG000028 ; z COMMERClAL GENE?& LIABILITY ’ .-. -. i I ; CLAIMS MADE/ OCCUR; i/- i--i - --- 1 --i ~- ___- , GEN’L AGGREGATE LIMITAPRIESPfZR: ‘-7 / PoLlcYrl ;gg Ii LOC j 01/01/99 01/01/00 EACHOCC~~~ENCE ” ~S~~,~o~oe, 000 I / FIRE OAMAGE (Any one f lrei S5 0 0 0 9 -__ -.-I- - I __-. __-.- -.--. -.+ I MED EXP(Any one person) / $5 -~-~-----J 0 0 0 J- --. -- -_ PERSONAL 6 AOV INJURY ’ $1 __r 0 0 0 0 0 0 ____---~ ~_I ._~--L-.- I GENERAL AGGREGATE __-- -- z-_- __-__ $2 000,000 PRODUCTS-COMPIOPAGGi $2 0 0 0 0 0 0 / ~-.? -1---.L .._ ;, , A_U_TOMOBILE LIABILITY HO6692709 01/01/99~01/01/00 j se: ANY AUTO pay:J;::)s'NGLEL'M'T $1, 0 00, 0 00 ;_A ALL OWNED AUTOS BODILY INJURY ~ ! m-4 SCHEDULED AUTOS (Per person) :s x HIRED AUTOS L-7 BODILY INJURY _ i F-l NON-OWNED AUTOS (Per acadent) $ / ’ I--- I------- - I PROPERTY DAMAGE / (Per accident) J I g.RAQE LIABILITY irJ ANY AUTO .I i / EXCESS LIABILITY ,--. l-l OCCUR c] CLAIMS MADE, i-7 ’ DEDUCTIBLE I \.-- ~ ! RETENTION S r: ~ WORKERS COMPENSATION AND wN9977743301 i EMPLOYERS’ LIABILITY I AUTOONLY- EAACCIDENT 5 , _~-- -.-.--.- ---& ---. -.- _ I OTHER THAN =%!!ws ---.---~ -.- AUTO ONLY: AGG :$ I EACH OCCURRENCE ‘S -- ----! I 1 AGGREGATE 5 ! ;S I I$ --- _____~ ..-.-____ IS ,01/01/99 01/01/00 X,WCSTATUA IOTH- - -ITQRY.LJMITS> 2% _ -~~~~~~~ _~ ~_ ~~ 1 I / E.L. EACH ACCIDENT --- !sJLL~OO, ooc , E.L.DISEASE-EAEMPLOYEd I;l,o 0 0 , 0% I / ‘E.L.DISEASE-POLICY LIMIlf $1 , 0 0 0 , 0 0 c OTHER 1 :‘ESCRIPTIDN OF OPERATlONS/LDCATlONSNEHlCLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I!E : 1998 Sealing Project-Contract #36671. :?he City of Carlsbad is named as additional insured as respects general :.iability per endorsement attached. -I / , ;ERTlFlCATE HOLDER 1 i ADDlllONALINSUFIEQlNSUFIERlElTEFt xxxx llity of Carlsbad '"rchasing Department JO Carlsbad Village Dr. Izarlsbad, CA 92008-1989 J 04?4CZBUATION~~ - pm SHWU)ANYffTHEABOKDESCRlaEDPOLlCESBECANCELLEDBEFOFIETHE~nON DAlETHEREOF.THElSSUlNQINSURERWILl~4 Al&&- DAYSWRlllEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFfamB fu!K!mEImmm- IZED REPRESENTATIVE rKORD 25-S (7/97)1 of 2 #Ml33270 AFR Q ACORD CORPORATION IMPORTANT If the certificate holder is an ADDlTlONAL 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), author&d 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. A=ORD25-SC1197)2 of 2 #Ml33270 , POLICY NUMBER: JG000028 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: City of Carlsbad Purchasing Department 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 (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 that insured by or for you. /- RE: 1998 Sealing Project-Contract #36671. The City of Carlsbad is named as additional insured as respects general liability per endorsement attached. CG20 10 11 85 MAR. -08’ 99(MON) 15:41 ABD:CONSTRUCTlON DIV TEL: 415508429.3 P. 001 _. ..- _-_ Pa&W Fax Note 7671 D”‘$p*(sj p&b 2 .‘” \Lcuk DGUIJ From i&L Goq &J. ! aJoept /- ~=a. A?3D -%w Y3q- 2&& P~ne’tQ5q-J@-43/o ['"'7(,,0 -y3+/=3e7 FmeGSp-Sbe-+z53 CllYOF CARLSBAD SURPLUS LINEBROKERAIWIAVIT Broker Name: Address: City/Scare/Zip; Dare: ABDmlmNcE&FIu4EJcmsEKvIcEs 301 ISLAND PARKMY -, CA 94002 3/8/99 Project Name: 1998 - @mEI - j/36671 Type of insurance: . GENEaL LTABITJTY . . . I CCdjJ thacABD IN!s. &&gg&BL is the Broker of Record for AblERIm ASPHALT REPAll& (“Conuactor”) who is required to provide itkancc under the specifications of the above conuact. I funher certify that as Broke of Record far Conuacror, I have contacted rhe insurance companies listed below, all of whom meet rht Ci#s requirements included in Resolution No. W-40 3 and all of whom have refused to write the required policy due to the type of risk involved. Insurance Carrier: Name of Contacr: Address: Dare: Reason for Refusal: Bests Raring hiimnce Carrier: Name of Concacr; Address: Dare: . Reason for Refusal: Bests Rating MARGEMlNI;oyA ,999 BAyKLfit lx., SAN BRrJm, CA 10/30/93 cormw;E la EROAD IzNtqKcm I!!lsmD&S mEDs A.W Listed by State Ins~rancc JES Commissioner (Yes/No) P.O. I3fK 8090, uAmUr CREEK, CA 10/30/98 e AILS? Listed by State Insurance yFs Commissioner (Yes/No) ’ ,I ‘11 .* _-r; , I. ,’ . MAR. -08' 99(MON) 15:41 -- . .. .-. . Insurance Carrier: Name of Contact: Address: Dare: Reason for Refusal: Beds Radng ABD:CONSTRUCTION DIV TEL:4155084293 . I - ..__ ._ ._...-. . . . . . --.- - .._ _-_- -_..._.._ __._.... _ m. - sKI3IE~coMpANy MINkFsDDEN 433msT., !mlBANczsco. CA - 10/30/98 DECL~DUEXIEXF’OMposLTRE . A- XIII Listed by State hsurancc YES comInissiona (Yes/No) * Contractor is requesting that the City accept NJNWWT company who is a surplus line carrier having an A-:V QT bener raring in the most recent issue of Best’s Rating Guide and’ who has an office within the SEaate of California at the following address in order to effect k&e of process. Name of Surplus Line Carrier: . --E&5 Address: m -. SIREFT, SUITE 1125 City/State/zip: = MISCO, CA 34111 Address tq effect Service of Process within the State of California. Name: Address; Ciry/S tate/Zip: I certify under penam of perjury’ &at the foregoing facrs are true and correct. Dated: 3/8/.99 Signed: B Broker of Retard .- ,, ‘Y. , _. :.: 1,, . . , . : . .-..,. . .’ ,mLly$* .I I. .=“; : . .;* BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? -2L yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency C period of debarment 5i& /S~UiWt (print na”me/title) (name of Contractor) By: &ign here) agency period of debarment Contract No. 36671 Page 24 of 77 Pages ,- P 7. s- C, C. BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes no 2. Has the suspension or revocation of your contractors license ever been stayed? yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the k ever been stayed? yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) vrp 7/l 7/98 Contract No. 36671 Page 25 of 77 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (Attach additional sheets if necessary) (name of Contractor) By: (#gn here) 5m Al IV (print name%leT 7/I 7198 Contract No. 36671 Page 26 of 77 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED - BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California - - undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure - any advantage against the public body awarding the contract of anyone interested in the proposed - contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SlWt AGVirVt (Name’of Bidder) , being first duly sworn, deposes and says that he or she is SkdWY /6m (Title) of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any - P I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the day of %hbr $0 ’ 3L P Signature of Bi&er 4 Subscribed and sworn to before me on the 30 %m day of (NOTARY SEAL) 7. a 7/l 7198 Contract No. 36671 Page 27 of 77 Pages - This agreement is made this 9th day of March 9 1999 I by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”), ING COlylPA Y INC. and AMERICAN ASPHALT REPAIR E RESURFACwhose prmclpa place of business is Y 27601 INDUSTRIAL BLVD, HAYWARD, CA 94545 called “Contractor”). (hereinafter City and Contractor agree as follows: - - - - I. Description of Work. Contractor shall perform all work specified in the Contract documents for: 1998 STREET SEALING PROJECT CONTRACT NO. 36671 (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidders Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. ’ 4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) ) 1997 Edition, and the 1998 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. +3 7/17/98 Contract No. 36671 Page 28 of 77 Pages 5. Independent Investigation. Contractor has made an independent investigation of the St- jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of _- the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant - that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: - A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 8. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. - City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of-all applicable prevailing wages on the job site. vq 7117198 Contract No. 36671 Page 29 of 77 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and ,- indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in - connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same - - may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City, The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor,. and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. - 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $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. Buslness Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. - 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 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. -. -. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company P affording general liability, and employers’ liability coverage. Contract No. 36671 Page 30 of 77 Pages b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its ,- officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not - contribute with it. - C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. - (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days‘ prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retentlon (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 C shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid. -. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. ‘?@ 7/l 7198 Contract No. 36671 Page 31 of 77 Pages - (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. - (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurlsdlctions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section II above. D (Initial) 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. C. 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. ‘r8 71-I 7198 Contract No. 36671 Page 32 of 77 Pages ,- - c C J‘ 1 .I F’ -. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Special Provisions” attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE A-ITACHED (CORPORATE SEAL) CONTRACTOR: By: 7 (sign here) Al-TEST: ST?& AqUirk / 5; Jlc cfc rcl (prim name&d title) Cimerk ‘- 6 t City Clerk By: AC*L-l ,d - (sigri here) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: em w 7/l 7198 Contract No. 36671 Page 33 of 77 Pages State of California /+iPcMF,fJ& County of I ss. On i2- a?-Crg , before me, bAtwuA 1<hw, l\la~ p& Date personally appeared Name and Title of Officer (e.g., “Jane Doe, Notary P&k”) RLLRhl /bT+dy l+s@AWSd , Name(s) of Signer(s) 0 personally known to me JX proved to me on the basis of satisfactory evidence whose name(s) is/are to be the person(s) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or -----~ . the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. - Place Notary Seal Above Signahre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: GN-mn,C’i- Document Date: NcJ. 1-l ( v+w Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: B Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notaly Association - 9350 De Solo Ave., P.O. Box 2402 l Chatsworth. CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .c the entity upon behalf of which the person(9 acted, executed the instrument. California All Purpose Acknowledgment State of ULIFORNIA CountYof SAN MATE0 On NOVEMBER 17, 1998 , before me, KATHERINE G. ZEROUNIAN, NOTARY PUBLIC Date Name 8. Title of Officer/Notary personally appeared STEW, DE Names(s) of Signers(s) personally known to me, W+XIWW&& xwm~~hsisd~dWee to be the person($ whose name(s) is/= subscribed to the within instrument and acknowledged to me that he/&&tix executed the same in his/&&t&ii authorized capacity(&), and that by his/ke@&ce&ignature(sj on the instrument the person(sQ, or WITNFSS mv hnnr( nnri nffirinl c~nl ccJmmlsslorl#1144279 Natarym-cdlfomhr --courty (The information below 13 no f requlied bylaw) Description of Attached Document Title/type of Document Date of Document Other Signer(s) No. of Pages h:\docs\surety\forms\notary.doc BOND NO. 515878P PREMIUM: INCL. IN PERF. BOND ,- LABOR AND MATERIALS BONd WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 98-361 adopted NOVEMBER 3,, 1998 AMERICAN ASPHALi REPAIR & RESURFACING COMPANY, INC’. has awarded to (hereinafter designated as the “Principal”), a Contract for: 1998 STREET SEALING PROJECT CONTRACT NO. 38671 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, AMERICAN ASPHALT REPAIR AND RESURFACING COMPAN,Y, INC. as Principal, (hereinafter designated as the “Contractor”), and DEVET.OPERSCE COMP~ .- as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED FIFTY SEVEN THOUSAND FOUR HUNDRED NINETY FIVE AND SO/OO-------------- Dollars - ($ 257,495.50 ) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under ‘the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to 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 upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims 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, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. c. a 7117198 Contract No. 36671 Page 34 of 77 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 17~~ Executed by SURETY this 17TH day day of NOVEMBER , 1998 . ofg, 1998 . CONTRACTOR: SURETY: AMERICAN ASPHALT REPAIR & G CoMpANy. INC. DEVELOPERS INSURANCE COMPANY (name of Contractor) (name of Surety) 17780 FITCH STREET, SUITE 200 By: 4 (sign here) STEVE AGUIRRE (print name here) SECRETARY/GM (title and organization of signatory) By: * - & l 800-782-1546 (telephone number of Surety) 4z+-- ROPPO ATTQRNEY-IN-FACTS -. -- (printed name of Attorney-in-Factj (print name here) Pm (title and’organization of signatory) (attach corporate resolution showing current power of attorney) (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 offtcer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ?3 7117198 Contract No. 36671 Page 35 of 77 Pages A- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of FL A ti EB A . On i5b iIs- ,beforeme, ~AWCOd EbflQ. I\sis-/arU ?&tic. Date Name and Title of Dfficer (e.g., “Jane Doe, Notaiy Put&) personally appeared AL c A w A N ya~(jofSignp Nfit+ csJ3~ F ’ 0 personally known to me Wproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their >.. ,( signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Q+--JYy+y- Signaturiof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Con-trnc T _ Document Date: b 0 V in iSq‘8 s I ‘, Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer -Title(s): 0 Partner - 0 Limited 0 General q Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 California All Purpose Acknowledgment State of CALIFORNIA County of SAN MATE0 On NOVEMBER 17, 1998 Date , before me, KATHERINE G. ZEROUNIAN, NOTARY PUBLIC Name & Title of Officer/Notary personally appeared STEVE AGUIRRE Names(s) of Signers(s) personally known to me, ~~~wBxExMLww~~~~~~~~~~~- to be the person whose name(s) is- subscribed to the within instrument and acknowledged to me that he/sbe&m executed the same in his/br&tMauthorized capacity@), and that by hisMt&sir signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Title/type of Document Date of Document ~ {The hformafion below is not required by law) Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc California All Purpose Acknowledgment State of California County of San Mateo On NOVEMBER 17, 1998, before me, Katherine G. Zerounian, Notary Public Date Name & Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the personfs) whose name+) is/w subscribed to the within instrument and acknowledged to me that he,%e#bey executed the same in his,%e#th& authorized capacity@& and that by his- signature@) on the instrument the person+& or .- the entity upon behalf of which the person@+ acted, executed the instrument. WITNESS my hand and official seal. atea County OFiiiONAL [The informaiion below t3 not requlied by law] Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY RO. BOX 19725, IRVINE, CA 92623 l (714) 263-3300 No 039894 - ‘CE: 1. All power and authority herein granted shall in any event terminate on the 3191 day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. Thii Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee’s records. ItNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each r,everally, but not jointly, hereby make, constitute and appoint >:**Jason Jenkins, Mark Roppo, James B. Shea, Katherine G. Zerounian, jointly or severally*** 1 he true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship i 7 an amount not exceeding Three Million Five Hundred Thousand Dollars ($3.566,606) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority lo do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full fxlwer of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. ‘his Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY IZOOMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is. authorized to execute Powers of ,4ttorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretar/ or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such 130wer of Attorney w certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking ‘x contract of suretyship to which it is attached. N WTTNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severaliy caused these presents to be signed by their respective ‘residents and attested.by their respective Secretaries this 3rd day of February, 1997. - NDEMNIM COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ,- 62ib?MU!,? . 3Y e . . Dant 3Y Secretary BTATE OF CALIFORNIA ) )S. ZOUNTY OF ORANGE ) BY--.- ATTEST BY- secretaly 4\NsuQ& do Q0 4 8 aG 0 0 ~-MAR.27 g % 1979 P IF * * On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F Vlncenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their suthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Wee President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregomg and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporatrons set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of k-wne. California, this J7TH day of NOVEMBER. IQQ 8 INDEMNITY COMPANY 0~ CALIFORNIA DEVELOPERS INSURANCE COMPANY BY Senior Vice President Y L.C. Fiebiger Senior Vice President ID-313 REV (3/97l ~MIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASEDON FINAL CONTRACT PRICE BOND NO. 5158782 PREMIUM: $3,910.00 FAITHFUL PERFORMANCEWARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution - No. 98-361 , adopted NOVEMBER 3. 1998 , has awarded to AMERICAN ASPHALT REPAIR AND RESURFACING COMPANY. INC. , (hereinafter - designated as the “Principal”), a Contract for: 1998 STREET SEALING PROJECT CONTRACT NO. 36671 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof requlre the furnishing of a bond for the faithful performance and warranty of said Contract; COMPANY, INC. NOW, THEREFORE, WE,AMERICAN ASPHALT REPAIR AND RESURFACINGas Principal, (hereinafter designated as the “Contractor”), and DEVELOPERS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FIVE HUNDRED’FOURTEEN THOUSAND NINE HU,NDRED NINETY ONE ANT) NO/OO----T--------------------Dolla,-s ($ ~~14 gg1 00 ) said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, ‘to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and - shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, ,--- extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Contract No. 36671 Page 36 of 77 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 17TH Executed by SURETY this 17TH day of day of NOVEMBER ,1998 . NOVEMBER , 19 98 . CONTRACTOR: AMERICAN ASPHALT REPAIR & RESURFACING COMPANY. INC. (name of Contractor) By: &ign here) SURETY: -INSURANCE COMPANY (name of Surety) 17780 FITCH STREET, SUITE 200 IRVINE CA 92614 (address of Surety) STEVE AGUIRRE - - 6 (print name here) (telephone number of Surety) SECRETARY/GM (Title and Organization of Signatory) By: p”\~f$c@- (signature of Atto!ney-in-F&i BY: MARK ROPPO ATTORNEY-IN-FACT h&LA’ -4 --...-.- (printed name of Attorney-in-Fact) (sign here) A* Jdma& (print name here) (Attach corporate resolution showing current power of attorney.) fesrbhcri’ (Title and Organization of signatory) - (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Contract No. 36671 Page 37 of 77 Pages /- /- State of California I County of LAbh=Dh - 1 ss. On I? - 29 - 1 x , before me, Date wmn . I Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared ALLAn, AtL,-r~~wy HE tihERPObV * , Name(s) of Signer(s) q personally known to me 752 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sign&& of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Cb+fac+ - Document Date: .No\, I \v, Is48 . NumberofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General q Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6827 California All Purpose Acknowledgment State of CAT- County of SAN MATE0 On NOVEMBER 17, 1998 , before me, KATHERINE G. ZEROUNIAN, NOTARY PUBLIC Date Name 8 Title of Officer/Notary personally appeared STEVE AGUIRRE Names(s) of Signers(s) personally known to me, ERQEUWJA&~~~~~~W~&~W~BW~ to be the personb+ whose name&) is/m subscribed to the within instrument and acknowledged to me that he/b&w executed the same in his/M$t&& authorized capacity(&), and that by his/he&k&r signature(sj on the instrument the person(sj, or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. -- --- .-.- - (The information below is not requlied by law) Description of Attached Title/type of Document Date of Document Other Signer(s) No. of Pages h:\docs\surety\forms\notary.doc California All Purpose Acknowledgment State of California County of San Mateo On Q 1 8 , before me, Katherine G. Zerounian, Notary Public Date Name 8 Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he+sh&be+ executed the same in his- authorized capacity@+ and that by his- signature++ on the instrument the personfsf; or the entity upon behalf of which the person@+ acted, executed the instrument. WITNESS my hand and official seal. v 1-k I OIWONAL fThe informafion below/j nof requked by lawj Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc - - - 7 CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The followina reoresentation and certification shall be completed, signed and returned to City of Carlsbad as 5 pa’rt of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: DEFINITIONS: MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). Are you currently;;rtii~ALTRANS? YES- - Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(Sk Mark all applicable blanks. This offeror represents as a part of this offer that: This firm is-, This firm is-, ji ~~‘~~~~tybu~~~~siness. - WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. FIRM’S PRIMARY PRODUCTS OR SERVICE: AL+ d s/wl! .%c CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): 74, &- 3 d I LICENSE NUMBER: wsv TAXPAYERS I.D. NO. 94 -JVWKI CERTIFICATIOb& The information furnished is certified to be factual and correct as of the date submitted. [/;%y$y~ f$$pm WAR & RsgFAC#jE cg, ::.:$. DATE ‘y@ 7117198 Contract No. 36671 Page 38 of 77 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION - This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and whose address is hereinafter called “Contractor” and whose address is called “Escrow Agent.” hereinafter For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: - 1. Pursuant to sections 22300 and 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 1998 Street Sealing Project, Contract 36671 in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othewise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. - 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 7/l 7198 Contract No. 36671 Page 39 of 77 Pages - - 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. - - 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title For Contractor: For Escrow Agent: 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. ‘r@ 7/l 7198 Contract No. 36671 Page 40 of 77 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: 7/l 7198 Title Name Signature Address Title Name Signature Address Title Name Signature Address Contract No. 36671 Page 41 of 77 Pages r - SPECIAL PROVISIONS FOR 1998 STREET SEALING PROJECT CONTRACT NO. 36671 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS l-l TERMS Add the following section: l-l .I Reference to Drawings. Where words “shown ‘I, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: l-1.2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to property complete the work as required and as approved by the Engineer,” unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: -. -. l-l.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. -. l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. L. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. -- - City Manager - the City Manager of the City of Carlsbad or his/her approved representative. 7/l 7198 Contract No. 36671 Page 42 of 77 Pages - 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 I- resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. - Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. - - Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. - Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. ,- Project Inspector-the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. -. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“. Modify paragraphs three and four to read: The Contractor shall provide a faithful -. performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and rc- the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall -. extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. C. ‘rp 7/l 7198 Contract No. 36671 Page 43 of 77 Pages - - - - - The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Special Provisions section of this contract. The construction plans consist of Drawing No. 362-7, sheets 1 through 13 and are attached hereto. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of the SSPWC shall prevail over the CALTRANS specifications in all other matters. 2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: ‘3 7/17/98 Contract No. 36671 Page 44 of 77 Pages “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: Date: Company Name: - - Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer 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 $9 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be P submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the surveyor, the party chief, field crew members, preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable 7/l 7198 Contract No. 36671 Page 45 of 77 Pages - - - - - 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 $9 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. .- Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.6 m (25’) intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Storm drain staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline and each end of the local depression. Curbs/curbs and gutter shall be staked at 7.6 m (25’) intervals, center line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 7.6 m (25’) intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing specific finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved areas. The markings shall be completed by surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7.6 m (25’) intervals with offsets referencing the top and centerline of pipe on main line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or till) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be presented that are shown on the plans shall be staked and flagged at 7.6 m (25’) intervals prior to the start of any other activities within the limits of the work. Where utility vaults, poles or other facilities are being installed as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizontal and vertical location of curb and gutter to facilitate the location of said utility vaults, poles or other facilities by the party(ies) constructing them. When no curb and gutter is being installed as a part of 7/l 7198 Contract No. 36671 Page 46 of 77 Pages - the project the location of adjacent facilities being constructed as a part of the Contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities thatare being installed as parts of, or as adjunct(s) to, the project. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 240.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 240.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate 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 Contractors ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -- CHANGES IN WORK C 3-3 EXTRA WORK. C. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractors bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. a 7/l 7198 Contract No. 36671 Page 47 of 77 Pages - 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, ‘Labor Surcharge & Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (4 Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: 1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. lb) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5) and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655. l m w 7/l 7198 Contract No. 36671 Page 48 of 77 Pages .- “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 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: fi 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. -. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with H-- Section 20104) which is set forth below: 7. 7. e 7/l 7198 Contract No. 36671 Page 49 of 77 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS - - - 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to -c defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. -. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the F-- claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For -. purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) Contract No. 36671 Page 50 of 77 Pages - - until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties, The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 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, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial,de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. -. -. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety /-- Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with C. 7/17/98 Contract No. 36671 Page 51 of 77 Pages - -. -. -. - such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1 this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the 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. 41.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. SECTION 5 -- UTILITIES 5-I LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 7/l 7198 Contract No. 36671 Page 52 of 77 Pages - - - - - - c. C. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l and substitute the following: The Contractor shall begin work within 15 calendar days after receipt of the “Notice to Proceed”. Within 5 calendar days of notification of award of the Contract, the Contractor shall prepare and submit a work schedule for accomplishing the work to the Engineer. Said schedule must show the dates of the expected start and completion of all the various bid items, including but not limited to: street preparation, paint and thermoplastic removal, slurry seal, striping and marking, raised pavement markers of the contract work. The schedule shall also list all necessary preparatory work, vegetation removal, street cleaning for each street. The schedule shall be in the form of a Bar Chart schedule, and shall be of sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment and procurement of materials. The Contractor shall obtain a City l/9600 scale base map and submit five copies which are color-coded to clearly show the relationships between the different scheduled days for the various street segments to be slurried. The list showing street closures for slurry sealing shall be prepared on each half day basis. The construction schedule shall reflect completion of all work under the Contract within the specified time and in accordance with the contract documents. Prior to striping operations commencing, the Contractor shall submit a detailed schedule of all striping operations planned for each week to the Engineer. The Contractor shall include the nature and the location of the striping work. Such schedule and maps shall be subject to the review and approval of the Engineer. No work shall take place until the Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-l .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-l .3.3 Electronic Media. Add the following section: 64.2 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. ?G 7/17/98 Contract No. 36671 Page 53 of 77 Pages 6-2 PROSECUTION OF WORK. - -. -. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes application of rubberized asphalt slurry seal to each designated street in half-street applications, and restriping all sealed roads to original conditions. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for 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 rc. 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 hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. Construction on Carlsbad Village Drive(formerly known as Elm Ave.), Basswood Ave. between Monroe st. and Valley, Andrea Ave., Althea Ln., Llama St., and Llama Ct. shall take place between the hours of 9:00 a.m. and 500 p.m. on Sunday Q&. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends(for streets other than Carlsbad Village Dr.) and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. 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. 7/l 7198 Contract No. 36671 Page 64 of 77 Pages - 6-6 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred Dollars ($500.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 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 ail permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. l m \? 7/l 7198 Contract No. 36671 Page 55 of 77 Pages C. c. c. C. C -. -. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-6 PROJECT SITE MAINTENANCE. 7-6.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-6.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following: 740.1 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 (760)929-9417. At least two weeks prior to work, Contractor shall send notification letters to all property addresses on which sealing shall occur. Obtaining the appropriate addresses shall be the contractor’s responsibility. Letters shall be in a format as shown in section 302-4.4. During sealing operations, the Contractors schedule for slurry seal application shall be designated to provide residents and business owners whose streets are to be sealed sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. ‘3 7/17/98 Contract No. 36671 Page 56 of 77 Pages - - -. - -. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices.shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The format of notification can be found in Section 3024.4. 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. 740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existant conditions shall be removed from the travelled way and from the view of motorists in the travelled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the travelled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic 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 <a 7117198 Contract No. 36671 Page 57 of 77 Pages - - vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet 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 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. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet 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 on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic providing bi- directional travel, on Monroe and Carlsbad Village Drive. On all other streets to be sealed, Contractor shall maintain at least one paved lane open, through the use of a flagger or other method approved by the Engineer. -. -. c. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period; If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. a 7/l 7198 Contract No. 36671 Page 58 of 77 Pages Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer’s written approval of said plan. - - -. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with these specifications and the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP ifrrs 7/l 7198 Contract No. 36671 Page 59 of 77 Pages -. -. -. -. prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: -. - 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for “traffic control” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for “Traffic Control” will be based on the percentage of the improvement work completed. -. -. C. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT & PAYMENT 9-3 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” C. 7/l 7198 Contract No. 36671 Page 60 of 77 Pages - 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the -. closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the - Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. - Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, except that at any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person executing the approval to give such consent must either accompany the document or be on file with the Agency. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. C. ~~ 7117198 Contract No. 36671 Page 61 of 77 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. - The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. - 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. -. -. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. 7/l 7198 Contract No. 36671 Page 62 of 77 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS’ CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2 Materials. Add the following: Asphalt concrete shall be class A-AR 4000. 203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “and from the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.” 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. Add the following section: 203-11 ASPHALT PAVEMENT CRACK SEALANTS 1) Elastomeric Sealant.- Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 209-5.01 (A): Property 1 ELASTOMER1 Measuring Standard (ASTM Designation) ASTM D 2240 Rex. Type A, Model 1700 ASTM D 412 Die C, TA IC I BLE 209~5.01.5(Aj r SEALANT CHARACTERISTICS Results Conditions Hardness (indentation) Tensile Strength Elongation Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant - ASTM D 412 Die C, 0.6 mm (25 mil) Free Film Bend (180”) ASTM D 822 Weatherometer 350 h ASTM B 117 28 days at 38°C ASTM D 150 65-85 3.45 MPa, minimum 400%, minimum No cracks Slight chalking 3.45 MPa, minimum tensile; 400% minimum Elongation Less than 25% change 25°C @ 50% relative humidity pulled at 508 mm (20”) per minute pulled at 508 mm (20”) per minute over 13 mm (11;) Mandrel Cured 7 days at 25°C @ 50% 5% NaCI, Die C, pulled at 508 mm (20”) per minute over a temperature ranae of -30°C to 50°C 7117198 Contract No. 36671 Page 63 of 77 Pages 2) Asphaltic Emulsion Sealant.- Asphaltic emulsion sealant shall conform to the State of California Specification 8040-4lA-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/s“) in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer’s recommendations and shall not be placed when the air temperature is less than 7°C (45’F). 3) Hot-Melt Rubberized Asphalt Sealant.- Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as follows: TABLE 209-5.01.5(A) Property Cone CURED HOT-MELT RUBBERIZED ASPHALT Measuring Standard (ASTM Results Conditions Designation) ASTM D 3407, Sec. 5 3.5 mm, max. 25°C 150 g, 5 s Penetration Flow, 60°C Resilience ASTM D 3407, Sec. 6 5 mm, max. ,ASTM D 3407, Sec. 8 25%, min. 25°C Softening ASTM D 36 82 “C, min. Point, Ductility, ASTM D 113 300 mm, min. 25°C 50 mrn/min Flash Point, ASTM D 92 288 “C, min. cot, “C Viscosity, ASTM D 4402 2.5-3.5 Pas No. 27 Spindle, 20 rpm, Brookfield 19O”C, Thermosel, SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. C. 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. 7. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”, -. Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement -. Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the /- C. 7/l 7198 Contract No. 36671 Page 64 of 77 Pages - Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs, excepting only those hereinafter listed, shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. The signs listed below shall be fabricated with Type II encapsulated lens sheeting conforming to the requirements of this specification. Regulatory signs which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 through, and including, R53C; R62A through, and including, R62D; R74 through, and including, R96C; and R99 through, and including, R105A. All sign designations shall be as per the “Traffic Manual”, 1996 revision, as published by the California Department of Transportation. Add the following section: 206-7.2.4 Substrate. Modify the ‘Specifications For Reflective Sheeting Signs, October 1,993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on wood posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RSI, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Back braces and blocks for sign panels will not be required. b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. d) The post embedment shall be 0.8-m (32”) if post holes are backfilled around the posts with 295-C-l 7 (500-C-2500) portland cement concrete. e) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 mz (5 ff)of sign area. 7/l 7198 Contract No. 36671 Page 65 of 77 Pages - Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts, 90 mm x 90 mm (4” x 4” nom.) in size, shall be constructed of select heart grade redwood; No. 1 heart structural grade redwood (10509; No. 2 heart structural grade redwood (9009; light framing construction grade Douglas fir, free of heart center; or structural light framing No. 1 grade Hem-Fir, free of heart center. Posts, 90 mm x 143 mm (4” x 6” nom.) in size, shall be constructed of select heart grade redwood; select heart structural grade redwood (1 lOOf); No. 1 heart structural grade redwood (9509; structural joists and planks, No. 2 grade Douglas fir, free of heart center; or structural joists and planks, No. 1 grade Hem-Fir, free of heart center. Posts larger than 90 mm x 143 mm (4” x 6” nom.) in size shall be constructed of select heart grade redwood; No. 1 heart structural grade redwood (9509; posts and timbers No. 1 (structural) grade Douglas fir, free of heart center; or posts and timbers select structural grade Hem-Fir, free of heart center. Posts shall be graded in accordance with Section 204-I SSPWC. Sweep shall not exceed 25 mm (1”) in 3.0 m (10’). Before preservative treatment, Douglas fir and Hem-Fir posts shall be seasoned to a moisture content of not more than 25 percent as measured at the midpoint of the post in the outer 25 mm (I”), using an approved type of moisture meter, in accordance with ASTM Designation: D 4444. c. At the time of delivery to the job site, all treated posts shall have a moisture content of not more than 25 percent when tested as described above. The posts shall conform in all respects to the specified grading requirements at the time of delivery to the job site. Douglas fir and Hem-Fir posts shall be treated with either ammoniacal copper arsenate, ammoniacal copper zinc arsenate, copper naphthenate or pentachlorophenol in hydrocarbon solvent in accordance with the provisions in Section 204-2 SSPWC. Posts shall be incised and the minimum retention of preservative shall be as specified in AWPA Standards. The cutting of the ends of wood posts in the field will be permitted. Where field cutting or boring of wood posts is performed after treatment, all cuts and holes shall be thoroughly swabbed, sprayed or brushed with 2 applications of the same type of preservative as initially used or copper naphthenate. Application of preservative in the field shall conform to the requirements in the last paragraph in Section 204-2 SSPWC. Wood block spacers, inserted between the post and the sign panel on single post installations as shown on the plans, shall be treated with preservative in the same manner as specified for wood posts. Unless specified in the special provisions or shown on the plans, wood posts and blocks shall not be painted. 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 Type IIIA reflective sheeting applied to a sign substrate. Sign panels shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1993”. 7/17/98 Contract No. 36671 Page 66 of 77 Pages - Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Special 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. - Add subsection 212-l .2.6 Herbicide Application All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be used in their appropriate applications with strict adherence to manufacturer’s specifications and instructions. Herbicide for all areas shall be Roundup, Diquat, Montar, or approved equal. 7/l 7198 Contract No. 36671 Page 67 of 77 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 302 - ROADWAY SURFACING 302-4 EMULSION-AGGREGATE SLURRY 302-4.4 Public Convenience and Traffic Control. 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 Coast Waste Management at (760)929-9417. At least two weeks prior to work, Contractor shall send notification letters to all property addresses on which sealing shall occur. Obtaining the appropriate addresses shall be the contractor’s responsibility. Letters shall be as show in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. C (Date) (Name of Contractor) (Address of Contractor) (Contractor% License Number) - As a part of the City of CarLbad’s ongoing program to maintain its streets, your street will be sealed with a mixture of asphalt and sand, beginning in two or three weeks. This process requires that your street be closed for one day starting at 7:00 a.m. and continuing until the Contractor removes ’ the traffic control devices. You will be notified 72 hours in advance df the day your street will be closed by a brightly colored 3 ?Gn x 8 %” card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the sealed street until it has dried. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting for the seal to dry. If you don’t plan to leave your home before 7:00 a.m. on the day your street will be sealed, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking -. zone. When walking to and from your car, remember not to walk on the newly sealed street or you will have black residue on the bottom of your ‘c shoes. The residue will damage some surfaces, will mark all surfaces -. that you track it on and will be very difficult to remove. 7/l 7198 Contract No. 36671 Page 68 of 77 Pages - (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. Sealing of your street will not occur on the day your trash is collected. On the day the your street is sealed mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 VP x 8 W card. If you have a moving company scheduled to come to your house in two weeks, please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Engineering Inspection Department at 438-l 161, ext 4323. The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated.” During sealing operations, the Contractors schedule for slurry seal application shall be designated to provide residents and business owners whose streets are to be sealed sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects - vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences 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. I For residences, the notification shall be precut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as show in the following example, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. 7/l 7198 Contract No. 36671 Page 69 of 77 Pages C, h -. - -. C. -. -. 0 CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (76O)XXXXXXX FIELD # (760)XxX-XxXx Iear resident: As a part of the City of Carlsbad’s ongoing program :o maintain its streets, your street will be resurfaced with a mixture of asphalt slurry and sand over the existing roadway surface. This construction will *equire the closing of your street to through traffic for )ne day. Your street, from XYZ st. to XYZ st. will be :losed to through traffic and resurfaced on: MON TUES WED THUR FRI DATE: ‘ram 7:OOA.M. to 500 P.M. f you don’t plan to leave your home by 7:00 A.M. on :he above date please park your car on an adjacent street in your neighborhood that will not be *esurfaced. Streets scheduled for resurfacing can be determined by calling either the contractor or the city If Carlsbad’s Engineering Inspection Department. Nhen walking to and from your car, remember not to Nalk on the newly overlaid street or you will have Ilack residue on the bottom of your shoes. Please da lot drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from Matering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as unning water will cause damage to the new surface. 4BC is the contractor that will be performing the *esurfacing work for the city and you may call them at :760)xXx-XXXX if you have any questions regarding .he project. Resurfacing of your street will not occur In the day your trash is collected. Mail delivery may )e delayed if the postman cannot reach the mailbox :hat day. If you have a moving company scheduled or that day please call and inform the Contractor of .he date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Engineering Inspection Department at 438- 1 161 x4323. Thank you for your cooperation as we work to make a letter City of Carlsbad. 7. -c The preparation, materials, printing and distribution of the notifications -. contract price bid for traffic control and the Contractor will not be entitlt compensation for printing and distributing these notices. Contract No. 36671 Page 70 of 77 Pages qall be included in the to any additional 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.2.5 Pavement Transitions. Modify as follows: Structures and vetical joints in the cold- milled area which are transverse to through traffic shall be ramped with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 3025.4 Tack Coat. add the following: Tack coat will be required between the successive interfaces of existing pavement and new pavement, when in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows After second sentence of sixth paragraph, add: The spreading and finishing machine used to construct the asphalt concrete surface course shall be equipped with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial - breakdown rolling shall be followed by a pneumatic-tired roller as described in this Section. - 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. - - - 302-9 ASPHALT CONCRETE PAVEMENT REPAIRS AND REMEDIATION 302-9.1 General. Asphalt concrete pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt concrete pavement to be resurfaced prior to using any of the methods specified in section 302-2, Chip Seal, section 302-3 Asphalt-Rubber Chip Seal or Interlayer, section 302-4 Emulsion-Aggregate Slurry, section 302-5 Asphalt Concrete Pavement, section 302-6 Portland Cement Concrete Pavement, section 302-7 Pavement Fabric or section 302- 8 Sealcoat for Miscellaneous Areas. Repair and Remediation of existing asphalt concrete pavement shall consist of constructing Full Depth Ashpalt Concrete Patch per section 302-9.2 and/or Crack Sealing and Filling per section 302-9.3. 3029.2 Full Depth Asphalt Concrete Patch 302-9.2.1 Removal of Existing Asphalt Concrete Patch. Full Depth Asphalt Concrete Patch shall include the sawcutting and the removal and disposal of the existing asphalt concrete street section. Outline of the patch as set for by the Engineer and in section 302-9.2.4, Measurement and Payment, shall be cut to straight lines in square or rectangular areas as marked, with two of the sides at right angles to the direction of traffic. If the thickness of the existing asphalt pavement is less than 0.30 m (1 ft.), the aggregate base and/or subbase shall be removed to a depth of 0.30 m (1 ft) below existing asphalt surface. The saw cutting, removal and disposal of existing asphalt pavement C and/or aggregate base and subbase shall conform with section 300-I .3. The excavated faces of the basejsubgrade shall be straight and vertical, in alignment with the asphalt pavement,sawcut line. C 7117198 Contract No. 36671 Page 71 of 77 Pages - 302-9.2.2 Compaction of Subgrade. After existing asphalt pavement material and/or aggregate basejsubgrade is removed to 0.30 m(1 ft) below the existing asphalt pavement, the subgrade and, when present base material, shall be graded and compacted in conformance with section 301-I .3. - - 302-9.2.3 Full Depth Asphalt Patch. After the patch is compacted per section 302-9.2.2, the excavated area shall be filled and compacted with asphalt concrete. Asphalt concrete shall be Class A-AR-4000, and shall conform to Subsection 302-5, “Asphalt Concrete Pavement”. Asphalt Concrete lifts shall be constructed in three(3) - four inch lifts. Upon completion the Asphalt Concrete finish surface shall conform to section 302-5.6.2 with the following modification. The finished surface of the patch shall be true to existing grade and cross section. When a 3 m(lO-foot) straightedge is laid on the finished surface parallel and perpendicular to the centerline of road way, the surface shall not vary more than 3mm(1/8 inch) from edge to edge of patch. Prior to placement of asphalt concrete a tack coat of SS-lh emulsified asphalt shall be applied uniformly to all contact surfaces at a rate of 0.05 gallons per square yard. 302-9.2.4 Measurement and Payment. Square footage shown on the plans and set forth in the bid item are for estimating purposes only, final quantity will be as measured in the field. The Engineer will designate and mark the final limits of the asphalt patch area. Full depth patch areas shall not be resurfaced until the Engineer has accepted the patch according to the requirements of this subsection. The final quantities used in determining payment for full depth asphalt concrete patch shall be the accepted limits. Full compensation for conforming to the requirements of Construct Full Depth Asphalt Concrete Patch shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work, sawcutting and removing 1’ thick section of existing asphalt concrete and aggregate base/subbase as marked out in the field or designated by the engineer, placement of asphalt concrete, compaction of subbase and asphalt concrete, placement of SS-1 h asphalt emulsion, and shall be considered as included in the contract unit price bid per square foot and no additional compensation will be allowed therefore. 302-9.3 Crack Filling and Sealing 302-9.3.1 Sutface Preparation Cracks designated to be sealed as set forth in section 302-9.3.3, Measurement and Payment, shall be washed clean, blown out and thoroughly dried before installing sealant material. All water from surface preparation shall be vacuumed from the pavement immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain system or to leave the pavement surface. Elastic sealant material shall be as set forth in section 203-I. Debris resulting from surface preparation shall be disposed of outside the highway right of way in accordance with Section 7-8.1, “Cleanup and Dust Control.” 302-9.3.2 Application. Sealant material shall be placed in dry conditions only, Sealant shall be applied when the pavement surface temperature is greater than 4°C (40°F). The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement. 302-9.3.3 Measurement and Payment. Linear footage set forth in the bid item are for estimating purposes only, final quantity will be as designated and measured in the field. The Engineer will designate and mark the final limits of the crack sealant application area. Crack Filling and Sealing areas shall not be resurfaced until the Engineer has accepted the crack fill and sealing areas according to the requirements of this subsection. The final quantities used in determining payment shall be the accepted limits. 7/17/98 Contract No. 36671 Page 72 of 77 Pages - Full compensation for conforming to the requirements of Crack Seal shall include but not be limited to, furnishing all labor, materials, tools, equipment, and incidentals necessary to do the work, crack cleaning, roadway clean up, application of sealant, removal of excess sealant, and shall be considered as included in the contract unit price bid per linear foot and no additional compensation will be allowed therefore. - SECTION 310 - PAINTING 310-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delete Section 31 O-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall conform to the Plans; the State of California Traffic Sign Specifications; the State of California Department of Transportation Standard Specifications, January 1995, Sections 56, 82, 84, and 85; only insofar as they relate to construction materials and methods and the State of California Department of Transportation Traffic Manual, all as supplemented and modified herein. All requirements of Parts 1 of the SSPWC and these Special Provisions shall remain in full force and shall not be superseded by the CALTRANS Standard Specifications. Contractor shall re-stripe the streets listed in section 2-6.1, per Chapter 6 of the Caltrans Traffic Manual, unless otherwise noted. 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (i/g”) in 3 m (IO’) when measured parallel to the centerline of the street or more C than 6 mm (1/4”) in 3 m (IO’) when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. All water from high velocity water jet striping removal shall be vacuumed from the pavement immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. Add the following section: 310-5.6.5 Traffic Stripes and Pavement Markings. Traffic stripes and pavement markings as indicated and required shall conform to the requirements specified in CALTRANS Standard Specifications Section 84 only insofar as they relate to construction materials and methods, and except: a) The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt(except for all thermoplastic striping) and as the work progresses. The first coat of paint shall be done immediately upon approval of striping layout by the Engineer. b) All thermoplastic pavement marking and striping shall be applied only after 7 calendar days of slurry seal placement. c) The Contractor shall provide all materials required for execution of the work. d) Delete all references to measurement and payment. G 7117198 Contract No. 36671 Page 73 of 77 Pages e) All existing pavement striping and markings on areas to be slurry sealed shall be removed by grinding by the Contractor. The rugosities from the grinding shall not be visible after sealing operations. f) All streets to be sealed shall be sealed in half-street applications, approximately 24 hours apart, unless otherwise approved by the Engineer. g) Contractor shall paint end of median noses yellow. - - - 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: Existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans shall be removed by grinding methods. Dry or wet sandblasting may not be used in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not.permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor Shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than 80mm per IOOm (l/2 inch in 50 feet) from the specified alignment.. Straight stripes deviating more than 80mm per IOOmm (I/ 2 inch in 50 feet) shall be obliterated by grinding, and the markings corrected. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.6 Application of Paint. Modify the fourth paragraph as follows: The first coat of paint shall be done immediately upon approval of striping layout by the Engineer. Seven days shall elapse between the application of a bituminous seal coat and the permanent traffic striping and markings. The paint shall not bleed, curl or diswlor when applied to bituminous surfaces. If bleeding or discoloring occurs, the unsatisfactory areas shall be given an additional coat of paint. This additional painting will be paid for as work incidental to the preparation of final and temporary pavement striping and marking shall be applied in two coats, a minimum of seven days apart, and all streets shall include raised pavement markers. Paint end of median noses yellow. Add the following section: 310-6 FINAL AND TEMPORARY TRAFFIC SIGNING AND MARKING Add the following section: 310-6.1 General. Final and temporary traffic signing shall be applied at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way to public traffic. Temporary traffic stripes shall be applied in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. Reapplication of the stripes and markings shall be repainted at the Contractor’s expense. 310-6.2 Temporary Pavement Markers. Temporary pavement markers shall be placed in accordance with the manufacturer’s instructions. Temporary pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. G$ 7/17/98 Contract No. 36671 Page 74 of 77 Pages - The removable-type pavement markers shall conform to the section entitled “Pavement Markers” of these special provisions, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 85-1.06, “Placement”, of the CALTRANS Standard Specifications shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Temporary pavement markers shall not be placed without the approval of the Engineer. Add the following section: 31041.1 Measurement and Payment. Temporary markers shown on the plans will be paid for as a part of the lump-sum cost for Install temporary pavement markers. The lump-sum contract price paid for Install temporary pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, maintaining, and removing pavement markers, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Full compensation for furnishing, placing, maintaining, and removing the temporary reflective raised pavement markers, used for the temporary laneline and centerline delineation which is not shown on the plans, including the signing specified for “no passing” zones; and for providing equivalent patterns of the permanent traffic lines when required; shall be considered as included in the lump- sum prices paid for that item of work. Add the following section: 310-6.2 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 6-1.07, “Certificates of Compliance”, of the CALTRANS Standard Specifications. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. C - At the option of the Contractor, channelizer bases may be cemented to the pavement using hot-melt bitumen adhesive and in the same manner provided for cementing pavement markers to pavement in the section of these special provisions entitled “Pavement Markers”. add the following section: 310-6.2.1 Payment. The price paid for channelizer (surface mounted) shall be included in the lump- sum price for traffic control and include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and placing the channelizers as shown on the plans, as specified in the CALTRANS Standard Specifications and these special provisions, and as directed by the Engineer. Add the following section: 310-6.3 Signing. Signing for temporary traffic control shall conform to the following requirements. Add the following section: - 310-6.3.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. C 7/l 7/98 Contract No. 36671 Page 75 of 77 Pages - Add the following section: 310-6.3.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours or 2 hours during working hours, whichever is the lesser, of being marked by graffiti. Add the following section: 310-6.3.4 Payment. All costs for signing for temporary traffic control shall be included in the lump-sum price bid for temporary traffic control, and no additional compensation will be allowed therefor. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 Placement add the following: Temporary pavement markers shall be installed as specified in the plans and as specified in this section. 312-3 Removal delete the first line of the first paragraph and add the following: Existing pavement markers shall be removed prior to application of slurry seal and by such methods that will cause the least possible damage to the pavement or surfacing. Temporary pavement markers shall be removed prior to painting of striping and by such methods that will cause the least possible damage to the pavement or surfacing. 312-4 Measurement and Payment delete the first paragraph and add the following: Payment for the placement of new pavement markers shall be included in the contract unit price bid for the Striping Item to which the pavement marker is attached to and no additional compensation will be allowed therefor. Payment for the removal of existing pavement markers in the slurry application areas shall be included in the contract unit price bid for Asphalt Surface Preparation and no additional compensation will be allowed therefor. Payment for the placement of temporary pavement markers shall be included in the contract unit price bid for Install Temporary Pavement Markers and no additional compensation will be allowed therefor. Payment for removal of temporary pavement markers prior to painting of traffic striping shall also be included in the contract unit price bid for Install Temporary Pavement Markers and no additional compensation will be allowed therefor. ?a 7117198 Contract No. 36671 Page 76 of 77 Pages - SUPPLEMENTAL PROVISIONS TO STANDARD SPEClFlCATiONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 Rubberized Emulsion - Aggregate Slurry (REAS) 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be type I Aggregate. 600-3.4 Application of REAS add to the first paragraph: No slurry shall be applied until the provisions of subsection 212-I .2.6, Herbicide Application, and section 302-9, Asphalt Concrete Pavement Repairs and Remediation. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-l. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for conforming to Herbicide Application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work, pruning plant growth, furnishing and applying herbicide, and shall be considered as included in the lump sum contract price bid for Asphalt Surface Preparation and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way. C C ‘74 7/I 7/98 Contract No. 36671 Page 77 of 77 Pages