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American Asphalt Repair & Resurfacing Company; 2001-05-15; 3667-3
Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad ) ) ) ) ) ) ) ) ) DOC# 2002-0913276 OCT 18~ 2002 4:12 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PM If). 1200 Carlsbad Village Dr. f~ Carlsbad, CA 9-;.;;2;;.;;;0..;;;.08.;:;,_ ____ --J. _______________________ _ I ~f Space above this line for Recorder's Use \v NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Dri\e, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on March 21, 2002. 6. The name of the contractor for such work of improvement is American Asphalt. 7. 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 2000/01 Street Sealing project, Project No. 3667-3. 8. The address of said property is within the limits of the City of Carlsbad. CITY OF CARLSBAD \O'f"'GLENN PRUIM Deputy Public Work' 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 8 , 2002, 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 9 , 2002, at Carlsbad, California. AB 16,918 Resolution No. 2002-295 October 8, 2002 CITY OF CARLSBAD ~ . ~ mnl // ~02 l..oR INE M. WOOD City Clerk CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1 Project: #3667-3, 2000/01 STREET SEALING PROJECT Date Routed: Reason for change: To: Public Works Director/City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Items 1 & 2: These items are being deleted due to reduction in the scope of work. Items 3 & 4: These items are being added less the reduction in the scope of work. Item 5: Item 6: This item is being deleted due to reduction in the scope of work. This item is being added plus the increase in the scope of work. COST ACCOUNTING: Original contract amount , ............................................................... $ Total amount this c/o .................................................................... $ Total amount of previous c/o's ....................................................... $ Total c/o's to date .......................................................................... $ New Contract Amount .................................................................... $ Total c/o's as % of original contract ................................................ .. Contingency monies encumbered .................................................. $ Contingency increase or decrease ................................................. $ Contingency Subtotal ...................................................................... $ Total c/o's to date ........................................................................... $ Contingency Balance ...................................................................... $ 664,049.00 / 100.00 0.00 100.00 664,149.00 .015% 99,607.00 _,, 0.00 99,607.00 100.00 99,507.00 CITY OF CARLSBAD PROJECT: #3667-3, 2000/01 STREET SEALING PROJECT CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. 3667-3 P.O. NO. P109747 ACCOUNT NO. 34270009060/36671921 ,/ CONTRACTOR: AMERICAN ASPHALT REPAIR & RESURFACING CO .. INC. ADDRESS: 14436 SANTA ANA AVENUE FONTANA CA 92337 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, 2000, and the Special Provisions, perform the following; Item 1: Item 2: Item 3: Item 4: Item 5: Delete Bid Item 1, Mobilization Decrease to contract cost ............................................................... $ (17,800.00) Delete Bid Item 3, Traffic Control Decrease to contract cost.. ..................................................... $ (24,600.00) Perform mobilization as originally specified in the contract, less removal of painted striping for the lump sum price of $10,000. Increase to contract cost. ...................................................... $ 10,000.00 Provide traffic control as originally specified in the contract less removal of painted striping for the lump sum price of $18,000. Increase to contract cost. ...................................................... $ 18,000.00 Delete Bid Item 4, Crack filling & sealing Decrease to contract cost ............................................................... $ (1,500.00) #3667-3, 2000/01 STREET SEALING PROJECT Change Order No. 1 Page 2 Item 6: Perform 20,000 LF of crack filling & sealing at $.80 per LF: $.80/LF x 20,000 LF = $16,000. Increase to contract cost.. ............................................................... $ 16,000.09 TOTAL INCREASE TO CONTRACT COST .............................................. $ 100.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: ~l ~~I CONSTRUCTION MANAGER (DATE) L · t-f rOart--"~ SEP 2 7 2001 y/z..t../or ~UBLIC WORKS MANAGER (DATE) CITY MANAGER/MAYOR (DAlE) ~:_, ~ 'f/;11)/ot FIANCEDIRECTOR (DAlE) {;)~ cJ,, DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR ' \ . CITY OF CARLSBAD San Diego County California CONTRACTDOtUMENTSAND SUPPLEMENT AL PRcivISIONS FOR 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667-3 January 2001 ft ·: '-1 9/11 /00 Contract No. 3667-3 Page 1 of 85 Pages .- ,- TABLE OF CONTENTS .I!!!!! Page Notice Inviting Bids ....... :................................................................................................................ 6 Contractor's Proposal.................................................................................................................... 10 Bid Security Form.......................................................................................................................... 17 Bidder's Bond To Accompany Proposal....................................................................................... 18 Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work" Forms......................................................................................................................... 20 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .. . .. . . ... . . .. . . .. . . . .. . .. .. . .. .. 22 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work .. . . . .. . . . .. 23 Bidder's Statement Of Financial Responsibility............................................................................ 24 Bidder's Statement Of Technical Ability And Experience............................................................. 25 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation........................................................................................... 26 Bidder's Statement RE Debarment............................................................................................... 27 Bidder's Disclosure Of Discipline Record .. . .. . . . . . .. .. . . . . . . . . . . . . . .. . . . . . .. . .. .. . . . . .. . . . . .. . . . . .. . .. . . . .. . . .. . . 28 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid.............................. 30 Contract Public Works.................................................................................................................. 31 Labor And Materials Bond . ... ...... .. ..... ... . . . .. ... .. . . . .. .. . ... . . . .. . . . .. . . ....... ... . . ... . .... .. ... . . .. . . . .. . . . .. . . ... ..... ...... 37 Faithful Performance/Warranty Bond........................................................................................... 39 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention...................................... 41 SUPPLEMENTAL PROVISIONS Supplemental Provisions to Standard Specifications for Public Works Construction, Part 1, General Provisions........................................................................................................................ 44 Supplemental Provisions to Standard specifications for Public Works Construction, Part 2, Construction Materials....................................................................................................... 68 ft Q 9/11/00 Contract No. 3667-3 Page 2 of 85 Pages -Supplemental Provisions to Standard Specifications for Public Works Construction, Part 3, Construction Methods . . .. . . . .. .. . .. .. . .. . . . .. .. . . .. . .. . .. .. . ... . . . ..... ..... ...... ..... .. .. . ................ .. . . . . . . .. .. .... 73 Supplemental Provisions to Standard Specifications for Public Works Construction, Part 6, Modified Asphalts, Pavements and Processes............................................................................ 83 APPENDIX "A" Resident Notification Example .......................................................................................................... 85 .- ----- --- -- ,,.... --- ft u 9/11/00 Contract No. 3667-3 Page 3 of 85 Pages - Part 1 Section 1 1-1 1-2 1-3 Section 2 2-3 2-4 2-5 2-9 2-10 Section 3 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-4 Section 6 6-1 6-2 6-6 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-10 7-13 ft Q 9/11/00 SUPPLEMENTAL PROVISIONS General Provisions Terms, Definitions Abbreviations And Symbols Terms.................................................................................................................... 44 Definitions . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . .. 44 Abbreviations ... .. . ... ... ..... ... . .... ... .... ...... ..... ................. ....... .. .. ..... .... .............. .......... 45 Scope And Control Of The Work Subcontracts . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Plans And Specifications...................................................................................... 47 Surveying ................................. ..... ...... ..... ...... ...... .. . ...... ....... ... . . .. .. ... . ..... ..... ... .. ..... 48 Authority Of Board And Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 52 Changes In Work Changes Initiated by the Agency.......................................................................... 53 Extra Work .. . ... . .... .. . ... . . .... .. .. .. . .... .... ... .. .. . ... . .. .. .. . ... ...... .. .. . .. .. . . . .......... .. . . .. . . . .. . . ... . ... 53 Changed Conditions ... . . ... ... .. ... ..... ... ... ..... .... .. ... .. ... . ....... .. . .. .. ... .. . . . ......... .. . .. .. . .. .. . . . 53 Disputed Work .. . .. .. . . . . .. . .. .. .. ... ........ ... ... .. .. . ... . .... .. . ... . . ... ... .. . .. .. . .. .. . . . .. . . .. . . . .. . . . .. . . . .. .. 54 Control Of Materials Materials And Workmanship................................................................................. 57 Materials Transportation, Handling and Storage.................................................. 57 Utilities Location................................................................................................................. 58 Relocation .............. .... .. ..... ... . ..... ........ .. . . ... ........ .............. ... .. ... .. . . ... ....... ... ..... ..... ... 58 Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work........................................ 58 Prosecution Of Work............................................................................................. 59 Delays And Extensions Of Time........................................................................... 59 Time of Completion............................................................................................... 59 Completion And Acceptance . . ... . . . .. .. . ... . . . ......... .. ... . . . .. . . ... . . . .. . .. .. . ..... .. .. . . .. . ..... .... ... 60 Liquidated Damages............................................................................................. 60 Responsibilities Of The Contractor Liability Insurance .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 60 Workers' Compensation Insurance .. ... . . ... ... ...... ..... ... . .. ..... .... . .. . . . .. .. . ..... .. . . ..... ... ... 60 Permits.................................................................................................................. 61 Cooperation and Collateral Work . ... . ....... ... ... ... ..... ... ..... ... . . ... ... ... . ... . . ........ .... ....... 61 Project Site Maintenance...................................................................................... 61 Public Convenience And Safety........................................................................... 61 Laws To Be Observed .. ............. ... ...... .. ............ ..... ... . ..... .... ... .. .. ... . . ... . . .. ........ ....... 65 Contract No. 3667-3 Page 4 of 85 Pages -Section 8 Facilities For Agency Personnel ..... ......................................... .......... .... ... ... ....... .. 65 Section 9 · Measurement and Payment 9-3 Payment................................................................................................................ 66 -Part2 Construction Materials -Section 203 Bituminous Materials .- - .- - --- 203-13 Asphalt Pavement Crack Sealants....................................................................... 68 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs.......................................................................................................... 69 Section 212 Landscape And Irrigation Materials 212-1 Landscape Materials............................................................................................. 71 Section 214 Pavement Markers 214-5 Reflective Pavement Markers............................................................................... 71 PART3 Section 302 302-4 302-11 Section 310 310-5 310-6 Section 312 312-1 Section 313 313-1 313-2 313-3 313-4 PART& Construction Methods Roadway Surfacing Emulsion-Aggregate Slurry .................................................................................. . Asphalt Concrete Pavement Crack Filling and Sealing ....................................... . Painting Painting Various Surfaces .................................................................................. . Final and Temporary Traffic Signing and Marking .............................................. . Pavement Marker Placement And Removal Placement ............................................................................................................ . Temporary Traffic Control Devices Temporary Traffic Pavement Markers ................................................................. . Temporary Traffic Signing .................................................................................. . Temporary Railing (Type K) And Crash Cushions ............................................. . Measurement And Payment ................................................................................ . Modified Asphalts, Pavements and Processes Section 600 Modified Asphalts, Pavements and Processes 73 75 75 77 78 79 80 80 81 600-3 Rubberized Emulsion-Aggregate Slurry ... .. . .. .. .... .. . .. .. . ... . .. .. ....... .. .. . .. .. . . . . . .. . . .... . .. . 83 ~ Q 9/11/00 Contract No. 3667-3 Page 5 of 85 Pages - - ,... - r ·CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4: oo pm on March 20th, , 2001, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: The sealing of various streets throughout the City. CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, (2000 Edition, and supplements thereto}, all here-in-after designated ·ssPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing 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 and property executed including notarization where indicated are: ft "{.1 9/11/00 Contract No. 3667-3 Page 6 of 85 Pages - - - -- - 1. Contractor's Proposal 2. Bidder's 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. Acknowledgement of Addendum{a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment 11.Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $793,000. 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, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $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 copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. ,_._ The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1 TT7 .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 ~ Q 9/11/00 Contract No. 3667-3 Page 7 of 85 Pages - . •- ,.- . - 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. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner . If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 O calendar days of the insurer's receipt of a request to submit the statements . Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover 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. ft Q 9/11/00 Contract No. 3667-3 Page 8 of 85 Pages ,,--, ,- I"' ,... - ,- ,,----,,_ ,..--.- --,,.... -,,.... ------- -----·· ,--,-,-,- ..... Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2000-342 adopted on the 5th day of December 20 00 . ~ /; d-00/ Date 7 r4«-efu~ ~ ~ !.!~RAINE M. wooo,Cilerk ft Q 9/11/00 Contract No. 3667-3 Page 9 of 85 Pages ~ - - ,... ,-. --- City Council City of Carlsbad CITY OF CARLSBAD CONTRACT NO. 3667-3 CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-3 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description Approximate Quantity and Unit 1 1 LS Unit 4 Price f/,~sa,,ob , 2 1 LS Dollars (Lump Sum) 3 1 LS Traffic Control ':/-(,A, ~72_1!;:!;; Dollars (Lump Sum) 4 C~ck F11~.;"d Seali\!......z. • 1,000 LF J.Ql) :Ji : ;}: ==~o/La.,y;l ~.~ Dollars per Lineal Foot U v (I 5 Rubberized Emulsion Aggregate Slurry _(rype I) \::f1uJ. IL CJ/.p..,ILCUU4:: ~ Dottarsper 6 Rubberized Emulsion Aggregate Slurry (Type II) ~~ Dollars pe 85,289 GAL RPME 53,000GAL RPME 0 9/11/00 Contract No. 3667-3 Page 10 of 85 Pages ... ·' Approximate Item Quantity Unit /z#!,oo No. Description and Unit Price 7 Protect Utility Covers, Manholes, and 998 EA 3 ;a5 Monument Markers OIA.IJ i1. d~~et.d. 4 2 Dollars Each l1,5a:4. oo 8 Install Blue Fire Hydrant Markers 148 EA f1P.SD '-Jr--~ do,. ..l.R...&..-L.t'."i.2. ~~!1tf a&--n~ Dollars Ea 9 lnst~II T_/J;__porary Pavement Markers 1 LS Sj C>SD,d:) °tOSP,cb ~ (!)<K¾wz:JC:f~. ~Cld.t:i.2. Dollars (Lump Sum) f ,~l fb-Llb,OO 10 Paint 4" Yellow Centerline per Caltrans 1,300 LF Detail 1 ~..A{) ~ Dollars per Lineal Foot ~,.33 },,t./.8D-Of 11 Paint 4" Double Yellow Centerline per 19,638 LF Caltrans Detail 22 ~~ ~ ~I. • Dollars per Lineal Foot f I.DD ~$/J~,C6 12 Paint 4" White Edgeline per Caltrans 520 LF Detail 278 ~~a..o<1Q'. :::::r Lineal Foot $ LIO J{;D,1i(:;Q 13 Paint 4" Double Yellow Median per 550 LF Caltrans Detail 30 an_p d.~ ../UZ_CL,-\__) Cl--AaL --,{ k71 (!IL-YI~ Dollars per Lineal Foot 1,4'8 4 14 Paint 4" Double Yellow Two-Way Left 6,130 LF ~,'jt/-2 I tfO Turn Lane per Caltrans Detail 32 ~A!d,~ ~ f 1.06 J ~ Dollars per Lineal Foot 15 Paint 8" White Channelizing Line per 3,255 LF -~4/7, 75 Caltrans Detail 38 & 38C I ~~d ::is per Lineal Foot ft t.l 9111100 .• Contract No. 3667-3 Page 11 of 85 Pages REVISED - --- - Item No. 7 8 9 10 12 13 Description Protect Utility Covers, Manholes, and Monument Markers Dollars Each Dollars Each Paint 4" Y,. llow Centerline per Caltrans Detail 1 Paint 4" Double Yellow Centerline per Caltrans Detail 22 Dollars per Lineal Foot Paint 4" White Edgeline per Cal Detail 278 Dollars per Lineal Foot Median per 14 Paint 4" uble Yellow Two-Way Left Tum L e per Caltrans Detail 32 15 Paint 8" White Channelizing Line per Caltrans Detail 38 & 38C Dollars per Lineal Foot Approximate Quantity and un· 998 148 EA 1.LS 1,300 LF 520 LF 870LF 3,255 LF 0 9/11/00 Contract No. 3667-3 _; Unit Price Total Page 11 of 85. Pages --- -- --- Item No. Description 16 Paint 6" White Bike Lane Line per Caltrans Detail 39 A,4Jh:,a. ' t1&t1-0a) Dollars per Lineal Foot Approximate Quantity and Unit 27,010 LF 17 Paint 6" White Bike Lane Intersection 3,505 LF Line per Caltrans Detail 39A '+:(LA,-kYi~O'.lL ~ Dollars per Lineal Foot 18 Paint 4" White Lane Line per Caltrans 13,045 LF ?r;~ ~<1R&a'in Dollars per Lineal Foot 19 Paint 4" White Lane Line per Caltrans Detail 12 Juihze<'.'.?L «e~ 7 J Dollars per Lineal Foot 20 Paint 12" White Line -,A&<&«kn ~e&nd f'"'~;,y@.at;tgJJ ' oifarsper'eal Foot 9,000 LF 300LF 21 Paint 12" White Stop Bar 76 EA Y:4-+&ertd&flHRcl-PdfM-9 Dollars Each 22 Paint 12" Two-Line Crosswalk (White 18 EA or Yellow with Stripes) ~ l<4144RdW1.,1-2LfA/ Y1ti,,, e-£ QI e+l.ft2.eA k;v~ Dollars Each 23 Paint "BIKE LANE" Pavement Legend 33 EA ~ DottarsE 24 Paint "SLOW SCHOOL XING" 2 EA Pavement Legend ~/:#';1~£Al-:6:0-4l_.L Dollars Each ftt Q 9/11/00 Contract No. 3667-3 Unit L._ Price ' .,, t ' :J..f t 7, 15 f :z_.1,00 f-;z.13,o0 f SJ.,60 if 1,7 .32 .1:,--0 I f. ..)..l(?,oO Page 12 of 85 Pages -- - - ,.... - 25 Paint "STOP AHEAD" Pavement Legend • ~t;1t1oJ Ii~~ Dollars Each 26 Paint "SIGNAL AHEAD" Pavement 27 28 29 Legend , C2ll.RJlt/Ald11R al u~lc.!!f Dollars Each Paint "STOP" Pavement Legend rjM¥0N1<4. ~ 1 Dollars Each Paint "25" or "30" Pavement Legend ~~~ da//0.JA;l.1 Dollars Each Paint Pavement Arrows (Caltrans Ty~s JV and VII) ~~fi'fdl ) Dollars Each 15 EA 130,oo 10 EA 73EA 10 EA 6).,Cb 58EA 37,CQ ~=C:L,,¾#,~~ Total amount of bid in numbers: $ "2 b 4 J DY, ':f • I 7 · Price(s) given above are firm for 90 days after date of bid opening. 0 9/11/00 Contract No. 3667-3 OPENED WITNEs~r-n ""': r •· ..,.,..,,. J. E·o· t ...,._,_, l'\h.., ,_.,1.,._,/i , 3 -;,2 -t----o I DATE Page 13 of 85 Pages ,... ,... Addendum(a) No(s). ___ /~-----has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacitv of a contractor within the State o~alifomia, validly licensed under license number :f~@ I/-, classification It 41,d C3 J. / which expires on ~ 3 \-aCC)T _, a_!)d that this ~tatement is true and correct and has the legal effect of an affidavit. c,4~~ . A bid submitted to the City by /bontractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 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 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 0 ido.,.ec 5 Goaj (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. 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. ft ~ 9/11/00 Contract No. 3667-3 Page 14 of 85 Pages - City of Carlsbad IA!•i41Ei-1•b•l•J4•E•IU,t4hl March 16, 2001 ADDENDUM NO. 1 RE: CONSTRUCTION OF THE 2000 STREET SEALING PROJECT CONTRACT NO. 3667-3 Please note change in due date for the above-mentioned project. NEW DUE DATE FOR BID OPENING IS: MARCH 27, 2001 at 4:00 p.m. 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 Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-2460 • FAX (760) 602-8556 @ -CITY OF CARLSBAD 2000/01 STREET SEALING PROJECT Contract No. 3667 -3 Addendum No. 1 From: Jon Schauble, Project Manager Phone: (760) 602-2762 Fax: (760) 602-8562 No. of Pages: 3 (including this page) Date: March 15, 2001 Bid Opening Date: March 27, 2001 at 4:00 pm (New Date) 1st REVISION TO BID DOCUMENTS: -On Page 11 of 85, the following bid quantities have changed: Item No. 11, Caltrans Detail 22, quantity changed to 19,638 linear fe·et. Item No. 13, Caltrans Detail 30, quantity changed to 550 linear feet. Item No. 14, Caltrans Detail 32, quantity changed to 6,130 linear feet. Enclosed is a new bid sheet for Page 11 of 85 with the revised quantities. 2nd REVISION TO BID DOCUMENTS: On Page 71 of 85, SECTION 210-PAINT AND PROTECTIVE COATINGS shall be inserted. This one-page section is enclosed. Approximate ,--. Item Quantity Unit No. Description and Unit Price Total 7 Protect Utility Covers, Manholes, and 998 EA Monument Markers Dollars Each 8 Install Blue Fire Hydrant Markers 148 EA Dollars Each 9 Install Temporary Pavement Markers 1 LS Dollars (Lump Sum) 10 Paint 4" Yellow Centerline per Caltrans 1,300 LF Detail 1 Dollars per Lineal Foot 11 Paint 4" Double Yellow Centerline per 19,638 LF Caltrans Detail 22 Dollars per Lineal Foot 12 Paint 4" White Edgeline per Caltrans 520 LF Detail 278 Dollars per Lineal Foot 13 Paint 4" Double Yellow Median per 550 LF Caltrans Detail 30 Dollars per Lineal Foot 14 Paint 4" Double Yellow Two-Way Left 6,130 LF Turn Lane per Caltrans Detail 32 Dollars per Lineal Foot 15 Paint 8" White Channelizing Line per 3,255 LF Caltrans Detail 38 & 38C Dollars per Lineal Foot ft \iJ 9/11/00 Contract No. 3667 -3 Page 11 of 85 Pages REVISED .. ,- I"""·· SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.5(A) TABLE 210-1.5 A Surface to be Painted Pre-reatment / Surface Pre aration Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a None Two coats white Acrylic Rou hened, Textured A pearance Emulsion Paint <1l acry ,c emu sIon paint esIgne or use on exterior masonry. Is paint s a comp y m a respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. 8010-910-30. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-21C-19. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-21C-22 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Add the following section. 210-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 60714 or approved equal. PAGE 71 of 85 REVISED 1'1...1...1 ...... ...1.,_ ti.I--i ♦-C-,, ...... 1----♦ ... 1 n • .-.. :~; ... .,._ ,- -- IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted ________________ _ (2) Signature (given and surname) of proprietor _______________ _ (3) Place of Business ________________________ _ (Street and Number) City and State __________________________ _ (4) Zip Code _____ _ Telephone No. ______________ _ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted ________________ _ (2) Signature {given and surname and character of partner) {Note: Signature must be made by a general partner) (3) Place of Business ________________________ _ {Street and Number) -City and State __________________________ _ (4) Zip Code _____ _ Telephone No. ______________ _ IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted At'.k'.I ericc.,41 /bphcJ+ Refe.i':c Q--('CI 2)~ : ' · (Signature) -ma J/\o ~' v'\% Owr'c..-ec: (Title) -Impress Corporate Seal here ------,,------ ~ ~ 9/11/00 Contract No. 3667-3 Page 15 of 85 Pages r - -.--.---------,- "-- (3) Incorporated under the laws of the State of ~&l=..il....:· f,.oeg._,1,0.u.1'.;;;Ct..~----------' (4) Place of Business I f43LR &±1 +-o.... Ana__ A,2-e.. (Street and Number) City and State fotJ ±:0--il °'= ) CA-- (5) Zip Code j;;!.3(31 Telephone No. 90-t-4 ~ t -<2>2, 7 (p 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: :Pre s,·a e.-o ±, Tc-cu S\2< CJ( 6ee-<,e_ f-a..< ~ 1 lT-eAJ «cJ W14fla._'ff e.y m9-:n% ,· II\~ offi·c.:ec ft Q 9/11/00 Contract No. 3667-3 Page 16 of 85 Pages -- - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~Q.,y\ ~oa..r:olt Y\D On ffi'.M::cJt\ I~ 1 dCX>I , before me, _:6~~ed4-L.Ll~~::.,L-2,.~4-'~~c::L.!::lt----Uc~lir;. Date itle of Officer (e,g,, "Jane personally appeared Lewis DQ..y\ Boh oe-tl: ft ft ft ft ft • ft • ft -• • I la SUSAN IC. WARNER eomm1ss1on, 1264111 I i • Notcry PubliC -cafff0mla _ 2 SanaemadinOC°"111 l ~ ••• :Vc?:"!.~-~'!2:4 Place Notary Seal Above Name(s) of Signer(s) 2( personally known to me □ proved to me on the basis of satisfactory evidence to be the person~ whose name~) is/Bfe- subscribed to the within instrument and acknowledged to me that he/she/they .executed the same in his/her/their authorized capacity(iQ&), and that by his/herlthok signature@on the instrument the person(~). or the entity upon behalf of which the person(~) acted, executed the instrument WITNESS my hand and offif al seal. OPTIONAL---------- Though the information below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer Signer's Name: ________________________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _______________________ ~----~ © 1999 National Notary Association• 9350 De Solo Ave,, P,O, Box 2402 • Chatsworth, CA 91313-2402 • www,nalionalnotary,org Prod, No, 5907 Reorder: Ca" Toil-Free 1-800-876-6827 ,.- -----,---r BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT (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. BIDDER ,,.... *Delete the inapplicable word. ------· ---- ,--- (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) ft V 9111,00 Contract No. 3667-3 Page 17 of 85 Pages - - t • • • t, • • t • • I • • • . (-• I • I • 03/05/2001 12:14 909-427-8279 AMERICAN ASPHALT BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT PAGE 03 KNOW ALL PERSONS BY THESE PRESENTS: AMERICAN ASPHALT REPAIR & FIDELITY AND GUARANTY k¥{~ 'v- That we, RESURFACING COMPANY, INC. I as Principal, and INSURANCE COMPANY ' t.l<i' 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 PERCENT OF AMT. 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 presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667-3 in the City of Carfsbad, 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. . ~ ' • • t,---• • • • • ' • • I I • • I I • • • • • • • ~ • • • • • •• • • • • • • • • • .. .. • • .. ~ .. .. .. • .. ...a 03/05/2001 12:14 909-427-8279 AMERICAN ASPHALT PAGE 04 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 5TH day of _.......,..MAwR~CwH _____ ...-), 20Ql_. (name By; ~~~~~~r...=;,~::pt"A: ( gn here L-e..w i 5 Da.{\ (print name here) . n lttrf5i· ~ Df-6c~ (Title and Organi tion of Signatory) By: .J4H ·A1111:_ (sign here) df:eJ,e, A~oi rc-e. (print name here) 5ecre.l--~-1 Geo ucJ ml)-¥1/?c ec (title and organiufubrr of signatory)~ Executed by SURETY this ______ day of ,20 ~· SURETY: FIDELITY AND GUARANTY INSURANCE COMPANY (name of Surety) 505 N. 14TH STREET, SUITE 1200 OAKLAND, CA 94612 (address of Surety) 510-587-2061 (telephone number of Surety) By:~~~ (signature cf Attomey•in-Fact) MARK ROPPO 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 er assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: J _:. ,-3 n .,..s -. ~---------~-----------Deputy City A mey ----- - California All Purpose Acknowledgment State of County of California San Mateo On __ ..... MA....,..R .... CH...___5...,,.........-2 .... 00....,l..__ __ , 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 pro',1ed to me on the basis of satisfactory evidence to be the personfs) whose namefs) is/aJ=e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfiest,-and that by hi~/her/their signaturefst on the instrument the personfsh-or the entity upon behalf of which the personfst acted, executed the instrument. WITNESS my hand and official seal. --------OPT/ONAL---------- (The information below is not required 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 1111Stlllul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22355 Certificate No. 674366 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mark Roppo, James B. Shea, Katherine G. Zerounian, Erin Bautista, Jeff Prevost, Jody A. Johnson and Jean L. Neu Redwood City California of the City of _________________ , State __________________ , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings r~ u· ed or ~tted in ny actions or proceedings allowed by law. • ·· '"\ ~ . 11th January 2001 IN WITNESS WHEREOF, the Companies have caused this instrume ,~ealed 'IQ\.; day of __________ _ , ·~~·~ ~.1J State of Maryland City of Baltimore . \ ~'.. \ · , ,~ted States Fidelity and Guaranty Company 0mj)lfflf • Fidelity and Guaranty Insurance Company ·, \' ' ,,. ' Fidelity and Guaranty Insurance Underwriters, Inc. ® ~ :~'::::::::!, ~e.A~ THOMAS E. HUIBREGTSE, Assistant Secretary 11th January 2001 On this ________ day of ___________ _ ___ , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. 86203 Rev. 7-2000 Printed in U.S.A. REBECCA EASLEY-ONOKALA, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 5TH day of __ MA_R_C_H _____ _ 2001 Thomas E. Huibregtse, Assistant Secretary Please refer to the Power of Attorney number, --CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (~111 }je<):Ja.aitf'.\o On fY\Oyrib 13, ].cOt , before me,~~~L...l.J~l.=:::!...,!-l.=!.....J-!..~~:!...:'.\----1...!:!=L.!..!,..._ Date Name and Title of Officer (e.g., "Jane Doe, Nola ublic") personally appeared Leu)is D:h1 'P::ohn-e+t G.nd Sf-eve Rquirrt:.. Name(s) of Signer(s) D Place Notary Seal Above )Q' personally known to me □ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +stare subscribed to the within instrument and acknowledged to me that he/sl 1ef'they executed the same in Ris/her:ftheir authorized capacity(ies), and that by l=lis,Ll=ler/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer Signer's Name: ________________________ _ □ Individual □ Corporate Officer -Title{s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _______________________ ~----~ © 1999 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free t-800·876·6827 PENINSULA 415-366-0144 Redwood City NORTH BAY 707-571-2004 Santa Rosa SOUTH BAY 408-292-1775 San Jose - American Asphalt Repair & Resurfacing Co., Inc. September 5, 2000 Re: Authority to sign on behalf of American Asphalt Repair and Resurfacing Company, Inc. To Whom It May Concern: On September 5, 2000, the Board of Directors duly authorized Dan Bohnett, Southern California Area Manager, to sign construction bid documents and contracts on behalf of American Asphalt Repair and Resurfacing Company, Inc. Sincerely, Allan A Henderson President/freasurer www.AmericanAsphalt.com >fl~ Secretary EAST BAY 510-537-2172 Dublin 27601 INDUSTRIAL BLVD. • P.O. BOX 3367 • HAYWARD, CA 94540-3367 • (800) 541-5559 • FAX (510) 723-0288 • CA Lie. 439591 - - -I'"' - - ,-. .- ,.... ,- BIDDER'S BOND TO ACCOMPANY PROPOSAL y~ CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT A 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: 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667-3 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. ft ~ 9/11/00 Contract No. 3667-3 Page 18 of 85 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 ,20_. PRINCIPAL: Executed by SURETY this day (name of Principal) of ,20_. By: (sign here) SURETY: (print name here) (name of Surety) (Title and Organization of Signatory) (address of Surety) By: (sign here) (telephone number of Surety) (print name here) By: (signature of Attorney-in-Fact) (title and organization of signatory) (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: Deputy City Attorney ~ Q 9/11/00 Contract No. 3667-3 Page 19 of 85 Pages -- GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal• are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is . included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of ft Q 9/11/00 Contract No. 3667-3 Page 20 of 85 Pages -- --·-- - --- -- --- - materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or owner Operator/Lessor installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner Operator/Lessor installing said item. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. --{.J 9/11/00 Contract No. 3667-3 Page 21 of 85 Pages - - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: _..T ......... P ........ S~f ..... f2.-......1 ..... P ..... J..,.,ll}"""6-_________ _ Subcontractor's Location of Business s39:l3'f M)fe~ 51-Fe-e-f: Street Address i?.4 ~ ildefr.,ey --~.1.Z-' *Subcontractor's Telephone Number including Area Code: ( 9tff ) 8 ':15 2. 7'1 q, *Subcontractor's California State Contractors License No. and Classification:.#" 7"42'4, C-,3 2 *Subcontractor's Carlsbad Business License No.:_,,AA»e.......__ ......... e ___________ _ Bid Item No. mm!ll!l!sm= SUBCONTRACTOR'S BID ITEMS* Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit $ $ $ $ $ $ $ $ Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Column 1 -Bid Item No. from the bid proposal, pages 12 through 16, inclusive. Amount of Contractor's Overhead & Profit In Bid Item $ $ $ $ $ $ $ $ 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. Ct:•lumn 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forco.-on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 16, inclusive. Page I of J pages of this Subcontractor Designation form DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK * Pursuant to section 4104 (a)(2)(A) Cslifornia Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the •Notice Inviting Bids: ~ V e111100 Contract No. 3667-3 Page 22 of 85 Pages -----,----- DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. , Full Company Name of Subcontractor. :J P ,5'/-rtpnf . . Subcontractor's Location of Business 07 e23 9-h.He::/41,,.Jd/-,.re<:;r- Street Address a-Hf!~/ ~ 'Zif?-5 *Subcontractor's Telephone Number including Area Code: ( 7J2t.) $'A~ -:Z 7z9 *Subcontractor's California State Contractors License No. and Classification: "71'26 C-(l:l ~ubcontractor's Carlsbad Business License No.:_&;..J~~~-=;...c.Je..-:------------- SUBCONTRACTOR'S BID ITEMS" Bid Amount of Subcontracted Item Bid Item Including No. Subcontractor's Overhead & Profit $ $ $ $ $ $ $ $ Explanation: $ $ $ $ $ $ $ $ Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item $ $ $ $ $ $ $ $ Column 1 -Bid Item No. from the bid proposal, pages 12 through 16, inclusive. Column 2 -The dollar amount of the item to be performed by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 16, inclusive. Page Z of 3 pages of this Subcontractor Designation form -DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the Information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids: ~ U n1,i,i1nn --.-- DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: T P 5f rip t~7 . . Subcontractor's Location of Business 3 7~3 f ~N~d> ,-5z'r~eL a. S-Address &--ny~ ey State ~ *Subcontractor's Telephone Number including Area Code: ( 'zt/. ) MS -;2. 7l 7 *Subcontractor's California State Contractors License No. and Classification: #7tg.2.."=, C..-3~ ,-1ubcontractor's Carlsbad Business License No.: __ .,ic.M;.&,...ac:~;.£.=t.-· _________ _ SUBCONTRACTOR'S BID ITEMS* Bid Amount of Subcontracted Item Bid Item Including No. Subcontractor's Overhead & Profit $ $ $ Amount of Work In Bid Item Performed by Contractor Excluding Overhead & Profit Amount of Contractor's Overhead & Profit In Bid Item $ $ $ $ . $ $ $ $ $ $ $ $ $ Explanatlon: Column 1 -Bid Item No. from the bid proposal, pages 12 through 16, inclusive. Column 2 -The dollar amount of the item to be perfonned by the Subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 16, inclusive. Page d__ of J pages of this Subcontractor Designation form DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERA TOR/LESSOR WORK * Pursuant to section 4104 (a)(2)(A) california Public Contract Code, receipt of the portions of the lnfonnation preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ~ £~ -·· ··-- - CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT The Bidder certifies that it has used ttie sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perfonn 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 Owner Operator/Lessor will be allowed to perfonn any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: ______________________ _ Owner Operator/Lessor Location of Business __________________ _ Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: (._ __ _,) __ _ *Owner Operator/Lessor City of Carlsbad Business License No . ._: ___________ _ OWNER OPERATOR/LESSOR WORK ITEMS Bid Amount of Owner Amount of Work In Bid Amount of Contractor's · Item Operator/Lessor Bid Item Item Performed by Overhead & Profit In Bid No. Including Owner ·. Contractor Excluding Item Operator/Lessor's Overhead & Profit Overhead & Profit $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 12 through 16, inclusive. Column 2 -The dollar amount of the item to be perfonned by the Owner Operator/Lessor. Column 3 -The dollar amount of the item to be perfonned by Contractor's own forces. . Column 4 -The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 16, inclusive. Page __ of __ pages of this Owner Operator/Lessor fonn * Pursuant to section 4104 (a)(2)(A) California PubHc Contrad Code, receipt of the portions of the Information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." 0 9/11/00 Contract No. 3667-3 Page 23 of 85 Pages - - .- - .-.-- ->-- -- - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. \\ eorJflDf:.Nl:1.4:k" ft Q 9/11/00 Contract No. 3667-3 Page 24 of 85 Pages A.Illencan ftspnair Repair & Resurfacing Co., Inc. 14436 Santa Ana Ave. Fontana, CA 92337 CoN Fr DENr, AL -No+ f o< 1'1,e,b(ic. l);s,JosUf e - ( ( ( ,- - --- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. '3667-3 2000/01 STREET SEALING PROJECT 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 Comoleted of the Emolover To Contract Work Contract II t~- ~ \J.,/) ~ J J\'V\ V '.;:::::/ ft V 9111100 Contract No. 3667-3 Page 25 of 85 Pages 3/19/01 Bidder References: Class Class Amount of work $2,450,000.00 R.E.A.S. (3,756,600 Remaining) $432,800.00 R.E.A.S. (692,000.00 Remaining) ,,...... $252,743.28 R.E.A.S. (82,271.00 Remaining) $29,370.60 R.E.A.S. $780,000.00 R.E.A.S. $51,765.26 R.E.A.S. $28,746.20 R.E.A.S. American Asphalt Repair & Resurfacing Southern California 909-427-8276 Date Job: Name/Phone/Contact Completed OPEN City of San Diego 10/00 Slurry Coating -City Wide Project S-4 Gene Matter Engineer 619-527-3463 Annondo Medina 619-527-7545 OPEN County of Los Angeles 10/00 CC7887 -LACoDPW Mr. Issa Adawiya 626-458-3118 OPEN City of Oceanside 11/00 Street Restoration Phase 2 Greg Mayer 760-966-4752 11/00 San Diego Water & Sewer Group 464A Cal Southwest Construction Mohamid El-Dowy 858-713-0533 10/99 City of Ontario Slurry Seal Program 2000/2001 Gary S. Harms Associate Engineer 909-395-2130 9/00 San Diego Water & Sewer Group 514 So Cal Underground Jim Jackson 619-584-7193 9/00 San Diego Group 671 Orion Construction 760-591-9181 $19,654.75 R.E.A.S. 9/00 San Diego Group 517 Ortiz Corporation Jon Cady 619-482-2076 $12,642.00 R.E.A.S. 9/00 San Diego Water & Sewer Group 615 Cal Southwest Construction Mohamid El-Dowy 858-713-0533 $204,329.41 R.E.A.S. 9/00 City of La Palma Project No. ST-231 lsmile Noorbaksh Director of Public Works/City Engineer 714-690-3310 $808,627.59 R.E.A.S. 8/00 City of Murrieta Project No. 00-191 City Wide Rubberized Emulsion Slurry Seal Mike Brooks Maintenance Supervisor 909-698-1040 $36,466.92 R.E.A.S. 8/00 San Diego Group 634A Cal Southwest Construction -John Brito 85 8-5 86-9293 $28,078.00 R.E.A.S. 8/00 San Diego Group 523 Ortiz Corporation Jon Cady 619-482-2076 $24,956.25 R.E.A.S. 8/00 City of Chino Hills Rolling Ridge Anne Tanner 909-364-2856 $575,000.00 R.E.A.S. 8/00 Reservation Transportation Authority Various Reservations -So. Cal. BoMazetti 909-308-1442 $28,876.18 R.E.A.S. 7/00 San Diego Water & Sewer Replacement Group 527 Dietrich Corporation 619-44 7-4800 $52,555.00 R.E.A.S. 7/00 San Diego Chollas Valley Tnmk Sewer Ph I Cal Southwest Construction Mohamid EI-Dowy 858-713-0533 2 $403,703.47 R.E.A.S. 7/00 City of Carson Project No. 917 Patricia Elkins 310-952-1700 $32,113.25 R.E.A.S. 7/00 Wilmington Avenue/City of Carson Southern California Edison Rene Hernandez 310-779-5352 $54,018.00 R.E.A.S. 7/00 San Diego Group 641 BRHGarver Jim Culpepper 619-265-0537 $333,544.38 RPME 7/00 City of Temecula FY 99-2000 Slurry Seal Steven Beswick Associate Engineer 909-694-6411 $33,400.00 R.E.A.S. 6/00 City of South El Monte Fawcett Avenue James L. Harris City Engineer 626-579-6540 -$13,900.00 R.E.A.S. 6/00 City of South El Monte Rush Street James L. Harris City Engineer 626-579-6540 $143,769.08 R.E.A.S. 6/00 City of San Clemente Annual Slurry Sealing Program Gary Voborsky Assistant Engineer 949-361-6132 $21,141.60 R.E.A.S. 6/00 San Diego Water & Sewer Group 674 And Group 486 ( concw-rently) Ortiz Corporation John Ortiz 619-482-2076 $19,072.36 R.E.A.S. 5/00 Laguna Niguel Beacon Hill & Russell Lane City of Laguna Niguel Public Works -Engineering Bill Crider 949-362-4300 3 $22,270.50 RE.A.S. 5/00 City of La Palma Median Island Excel Paving Company Bob Collins 562-599-5841 lsmile Noorbaksh, P.E. 714-690-3310 $24,913.30 RE.A.S. 5/00 County of San Bernardino (Two Contracts) Transportation Department Art Drazin 909-597-6270 $77,000.00 RE.A.S. 5/00 City of Compton Rosecrans Avenue Arizona Pipeline Chris Droge 909-270-3100 $36,924.80 RE.A.S. 4/00 San Diego Group 647 K99231C So. Cal Underground Construction Jim Jackson 619-584-7193 $109,586.79 RE.A.S. 4/00 City of Oxnard -CPMCompany Rob Davis 909-427-8048 $24,638.50 R.E.A.S. 4/00 San Diego Suncrest Water & Sewer Replacement W.A. Rasic Construction Co., Inc. Rudy Flores 626-821-4421 $44,574.00 RE.A.S. 4/00 Los Angeles River Bike Trail cc 8880 OSD Construction Rick Cardello 626-588-2795 $17,721.00 RE.A.S. 3/00 San Diego Sewer Main Replacement Group 623 K99235 So. Cal Underground Construction Jim Jackson 619-584-7193 $77,620.00 RE.A.S. 12/99 City of La Palma Ismile Noorbaksh, P.E. 714-690-3310 $12.190.50 RE.A.S. 12/99 City of Temecula Kevin Harrington 909-694-6480 4 ,,,,-- $2,100,000.00 R.E.A.S. 11/99 City of San Diego City wide, Group S-3 Gene Matter, Engineer Roland Luque 619-527-5455 $86,698.08 TYPE II 11/99 Navy-Murphy Canyon Slurry Seal ABC Construction Bob Weisenberger 619-239-3428 $31,726.08 TYPE II 11/99 Navy-Murphy Canyon Slurry Seal ABC Construction Bob Weisenberger 619-239-3428 165,124.40 R.E.A.S. 10/99 County of Los Angeles 62nd St. et. al. Culver City Area Ms. Angela Rini 323-776-7552 $185,496.00 R.E.A.S. 10/99 County of Los Angeles 55th St. Los Angeles Area Ms. Angela Rini .-323-776-7552 $106,984.80 R.E.A.S. 10/99 Buena Park Manhole Adjusting John Velez 323-725-1387 $15,600.00 R.E.A.S. 10/99 City of Placentia Preimer Contractors Joe Castillo 714-544-6095 $431,735.59 R.E.A.S. 9/99 City of Carson Project 849-B Rubberized Emulsion Aggregate Slurry Patricia Elkin 310-830-7600 Ext. 1816 $187,217.04 R.E.A.S. 9/99 City of Hemet 1999 Pavement Surface Seal Project 5371 Tom Petty 909-765-3870 $2,135,700.00 R.E.A.S. 9/99 City of San Diego City wide, Group S-2 Gene Matter, Engineer ,,,--Roland Luque 619-527-5455 5 $17,785.30 RE.A.S. 8/99 Hertz Corp. -Parking Area Daytona Construction Tom Ron 562-402-5777 $60,307.50 RE.AS. 8/99 City of Placentia Anchor Paving Joe Castillo 949-830-2750 $26,552.40 RE.AS. 8/99 Keighly & Hamlet Streets San Diego -Stonn Drain Replacement KT A Construction Michael James 619-444-2151 $162,971.73 RE.AS. 8/99 Fox Airfield Rllllway Granite Construction Paul Knorath 805-726-444 7 $2,135,700.00 RE.AS. 8/99 City of San Diego Gene Matter 619-527-5455 Roland Luque 619-527-7515 $247,139.70 RE.AS. 8/99 City of Temecula Brad Buron 909-694-6444 $422.055.00 RE.AS. 7/99 County of Los Angeles Cash Contract 7621-La Subida Mike Schmidt 626-458-5100 $294,197.76 RP.M.E. 6/99 County of Los Angeles RE.A.S. Road Division 241-C Gil Ramirez 323-582-7848 $515,648.98 RE.AS. 6/99 City of Carlsbad 1998 Street Seal Project #36671 Blaine Barth 760-438-1161 Duane Soileau 619-843-8918 $196,900.00 RE.AS. 5/99 City of Glendale Slurry, 230th St. East, ET. AL TYPEI&II John Mann 818-548-3945 $474,220.00 RE.AS. 5/99 City of Rialto John Avila 909-820-2530 6 --$272,042.68 R.P.M.E. 5/99 County of Los Angeles R.E.A.S. Cash Contract #7705 230th Street East, Et. Al. Jim Petit 661-727-1528 $587,996.16 R.E.A.S. 4/99 City of Cathedral City Project 342-911-8301 AD86-l Jerry Jack 760-770-0329 $173,095.00 R.E.A.S. 4/99 City of Cathedral City Project 342-911-8301 AD86-5 Jerry Jack 760-770-0329 $119,940.00 R.E.A.S. 4/99 City ofLaPalma Ismile Noorbaksh 714-523-1140 X199 $293,955.20 Slurry 4/99 City of Barstow Kenneth Hutchings 760-256-3531 $787,000 Slurry 11/98 City ofNewport Beach Rob Masters 949-644-3311 $682,836.60 R.E.A.S. 11/98 City of Ontario Gary Harms 909-391-2528 $7,500,000.00 R.E.A.S. 10/98 City of San Diego Slurry Gene Matter 619-527-5455 Roland Luque 619-527-7515 $296,608.52 R.E.A.S. 10/98 County of Los Angeles Cash Contract #7527 RD 445-B Slurry Seal SamAssoum 626-458-3197 $219,862.80 R.E.A.S. 9/98 County of Los Angeles Cash Contract #7592 Basetdale Ave, Et. Al. Jolene Farrens 626-458-5100 $14,418.81 R.E.A.S. 8/98 County of Los Angeles Cash Contract #7556 Denker A venue Et. Al. Jolene Farrens 626-458-3137 7 .- .- .- . - -,,- ,,-,,.-.... - BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT As a required part of the Bidder's proposal the Bidder must attach either of the following to this page . . 1) Certificates of insurance showing conformance with the requirements herein for each of: o Comprehensive General Liability □ Automobile Liability o Workers Compensation o Employer's Liability 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, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes . 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 0 9/11/00 Contract No. 3667-3 Page. 26 of 85 Pages AMERASPHALT ACORD™ CERTIFICATE OF INSURANCE DATE (MM/DDIYY) 03/19/01 PRODUCER Allied North America 3-9300 Civic Center Dr. Ste 390 ~mont, CA 94538 Phone#: 510/578-2000 License#: OC38887 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE c~-M--~A-~-~-n_e_r--a--1--Accident I~~urance --~o .t¥- ----------------------~-- INSURED American Asphalt Repair & Resurfacing Co., Inc. 14436 Santa Ana Ave Fontana, CA 92337 I COVERAGES ! COMPANY (ii,, BState Compensation Insurance Fund (C f-------------~ --------··--·------·------1 COMPANY C , COMPANY I D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR -·· ---- 1 ·-1 POLICYEFFEC;VE POLICYEXPIRATl~N1····---·-------·· TYPE OF INSURANCE , POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DDIYY) LIMITS ----------- A GENERALLIABILITY I CPP121973301 01/01/01 01/01/02 GENERALAGGREGATE ~X-l COMMERCIAL GENERAL LIABILITY I $2,000,000 $2,000,000 >---+1-~l CLAIMS MADE ~x] OCCUR OWNER'S & CONTRACTOR'S PROT -- JlPer Proje_c_t __ Aoareaate A ~TOMOBILE LIABILITY X ANYAUTO _ ALL OWNED AUTOS SCHEDULED AUTOS ,--r· K_ HIRED AUTOS X NON-OWNED AUTOS ~ 1 BA032097501 -----------~--' i !~RAGE LIABILITY ANY AUTO ------------- A ~ESS LIABILITY X ' UMBRELLA FORM -OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND ; EMPLOYERS' LIABILITY ! CUB019959601 I I I 161901 701 I THE PROPRIETOR/ PARTNERS/EXECUTIVE j OFFICERS ARE: i2fl INCL I r--1 EXCL 1 i OTHER i ! I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PRODUCTS-COMP/OP AGG PERSONAL & ADV INJURY $l, 000, 000 EACH OCCURRENCE $l, 000, 000 ' FIRE DAMAGE (Any one fire) $300,000 ! MED EXP (Any one person) $10 000 01/01/01!01/01/02' I COMBINED SINGLE LIMIT I Sl,000,000 BODILY INJURY (Per person) I i$ C-----------------------1 BODILY INJURY (Per accident) ,$ ,----·-·--------------------1 ' PROPERTY DAMAGE $ AUTO ONLY-EA ACCIDENT_,!$ ______ ___, I OTHER THAN AUTO ONL Y: __ ,_1 1 -----~-1 i ! C--___ EA_C_H_A_C_C_ID_EN_T_+-$ _______ __, i I I AGGREGATE 1$ 1 o 1 / o 1 / o 1 1 o 1 / o 1 / o 2 1 EACH occuRRENcE $l_Lo o o • o o o I ~~;;-------C-----:-$1 , 0 0 0 , 0 0 0 i : ]$ 01/01/01 01/01/02 ,X STATUTORYLIMITS ----------i , EACH ACCIDENT $l 1 0 0 0 , 0 0 0 ; DISEASE-POLICY LIMIT Sl I Q Q Q 1 Q Q Q :DISEASE-EACH EMPLOYEE $1 1 000 1 000 I i i ' I Re: Contract# 3667-3 2000/01 Street Sealing Project The City of Carlsbad,its officers,agents,directors,employees and volunteers are added as additional insureds per attached endorsements CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ,--. City of Carlsbad Faraday Center 1635 Faraday Ave Carlsbad, CA 92008 I ACORD25--5(3/93)1 of 1 :ff:S116574 /Ml07823 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL END~~ ...3..0...._ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, -OSK ./T ___ ,_~KQ8.X!M!lt!XYXXX '~ ~ )OJC::il~J6Jl'«3CX ,,,,,,/ )GV © ACORD CORPORATION 1993 V POLICY NUMBER: CPP121973301 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 Faraday Center 1635 Faraday Ave Carlsbad, CA 92008 (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: Contract# 3667-3 2000/01 Street Sealing Project The City of Carlsbad,its officers,agents,directors,employees and volunteers are added as additional insureds per attached endorsements CG 20 10 11 85 POLICY NUMBER: BAO 32097501 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by tlie endorsement. SCHEDULE Name of Person or Organization: City of Carlsbad Faraday Center 1635 Faraday Ave Carlsbad, CA 92008 A WHO IS AN INSURED is amended to include as an "Insured" the person or organization shown in the Schedule as an Additional Insured. The cov- erage afforded to the Additional Insured is solely limited to liability specifically resulting from the conduct of the Named Insured whicti may be imputed to the Additional Insured. However, the naming of the person or organization shown in the Schedule as an Additional Insured does not increase or alter the Limit of Insurance nor the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: 1. "Bodily injury" or "property damage" for which the Aaditional Insured is ooligated to pay damages by reason of the assum,:>tion of liability m a contract or agreement. But this exclusion does not apply to liability for damages that the Additional Insured would have m the absence of the contract or agreement. 2. "Bodily injury" or "property damage" arising out of the use of your "products" or work you performed for the Addifional Insured. 3. "Property damage" to: a. Property owned..1 used or occupied by or rented to the Aaditional Insured. b. Property in the care, custody or control of the Additional Insured for any purpose of exercising physical control. C. Any coverage provided by this policy shall be excess only, over any other vahd ana collectible insurance which would apply in the absence of this policy. However, this policy shall not be ex- cess over any policy written as specific excess. Re: Contract# 3667-3 2000/01 Street Sealing Project The City of Carlsbad,its officers,agents,directors,ernployees and volunteers are added as additional insureds per attached endorsements CUCA 99 09 08 95 -,- ,,... - ,-,- ,-- ---,-- -,.... - BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes /4,- 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 debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: ""-a Q,,J /Ak. (s,i ere) Lewi'? Tu.n '24neJt fTuAt °i,; "'6 Dffic-w (print name/tilie) Page I of__.__ pages of this Re Debarment form ~ ~ 9/11/00 Contract No. 3667-3 Page 27 of 85 Pages - -,,- - ,,- BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT 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? L yes no 2) Has the suspension or revocation of your contractors license ever been stayed? l 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? y_ yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of ~ork 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. (If needed attach additional sheets to provide full disclosure.) Page l of 'L pages of this Disclosure of Discipline form· 0 9/11/00 Contract No. 3667-3 Page 28 of 85 Pages ,- --- BIDDER'S DISCLOSURE OF DISCIPLINE RECORD {CONTINUED) (To Accompany Proposal) CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. {If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: -{sign here) ~·,s ()M P.:vhne&r I ~;t1,a Ofrl1cu {print name/title) • ~ ·o Page J.. of ~ pages of this Disclosure of Discipline form ft V 9111100 Contract No. 3667-3 Page 29 of 85 Pages ,- - ,- ,- NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. 3667-3 2000/01 STREET SEALING PROJECT State of California ) County of ) ss. ) ___,;L=e-''-";...;i=s____.,~~a..;._v'\a.......;:,Boi:a..s;.h ..... n ..... e:=*---'------,--------_ , being first duly sworn, deposes (Name of Bidder) and says that he or she is t'Y\a..t'l%i B% Of £•ce.c (Title) of Amec,.CA<10 ltspliaJf ~Jee;c ½ ~rfucittl Co,) [,Jc. · tN ofFinn) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the f}~ day of YJii,cc.)t , 20..Q!_. tlii#&//~ Subscribed and sworn to before me on the /~dayof ~t/A.c.k , 20 Pl . (NOTARY SEAL) ft ~, 9/11/00 Contract No. 3667-3 Page 30 of 85 Pages - CONTRACT PUBLIC WORKS This agreement is made this 15th day of May · , 20.Ql__, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), / RESURFACING. COMPANY, LNC.. . and AMERICAN ASPHALT REPAIR AND whose pnncIpal place of business IS _14_4_3_6_S_A_N_T_A~A_N_A_A_V_E_N_U_E_,_F_O_N_T_A_N_A_, _c_A_9_2_3_3_7 _________ (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667-3 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. -3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2000 Edition, and supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 0 9/11/00 Contract No. 3667-3 Page 31 of 85 Pages -- 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to 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 &. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally 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. ft Q 9/11/00 Contract No. 3667-3 Page 32 of 85 Pages - - - r - - 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. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 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 Llablllty Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Llablllty Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. ft V 9111,00 Contract No. 3667-3 Page 33 of 85 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance: one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. ,.... (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptablllty 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. ft Q 9/11/00 Contract No. 3667-3 Page 34 of 85 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections· 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding . .-. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. -- ,,.< I have read and understand all provisions of Section 11 above. © init ____ init · 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1TT6 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 ~ -~ 9/11/00 Contract No. 3667-3 Page 35 of 85 Pages· Personnel List Page 1 of 1 -At CAI 1rnRNIA CONTRACTORS STAT, I K:rt-Jsr nOJ.RO tJ ~ Personnel List ~ ~ Contractor License# 439591 ~ •{§· Click on the person's name to see a more detailed page of information on that person. Name Title Association Disassociation Class Date Date HENDERSON.ALLAN RMO/P 05/10/1983 C32 ANTHONY NSCHEL,KIM 08/22/1991 ROWAN OBREGON, GREGORY S/T C 08/22/1991 02/25/1993 SACHER, RICHARD SECRETARY 03/29/1995 04/21/1997 ERNST ~RE,STEPHEN JOHN SECRE~ 04/21/1997 License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request A public service of the Contractors State License Board. Copyright© 1999. All lights reserved. ----Last Updated June 1, 2000 More Class More http:/ /www2.cslb.ca.gov/iXpress/CSLB _ Library/ ... /Personnel+List.DML ?LicNum=++43959 5/8/2001 - -- 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Ameci (go A .sph1 I± R 11-I; Cu-:r~ · (name of Contractor) By: __ ,14.........,C-,.,,......' ·----· ---"ifign here) ~ • (print name and tiUe) . · 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. City Attorney By:-=-----9=~::....::.-=-_...~---!!!!!!!-.. ft ~ 9/11/00 Contract No. 3667-3 Page 36 of 85 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I• State of Calif_o_r,._n .... ia~-~~---------} ss. County of JluM Rt(~ On #& f 2t?OL , before me, /i,/4/a(l /(I, ~,i, Ab1Mc ~ T Date ~ Name and TIiie of Otrocer (e.g., "Jane ~ic") personally appeared _.;::s;;...;.7._;u/,;;...:....:c:-=----4~-u ... ...,_1-=-"'..s..?"-i.....;<:-=--=@ef"-""'--..L,n._,_,_'n7;:..:;.....M.........,~=--"-""'==-/ ____ _, Name(s) of Signer(s) 1········--··~ PATRICIA M. AITTAVIA @ Commission# 1215877 j • Notary Public -canfanla ~ i Alameda County t C C U WMy~'!8:~~l!,Z:, Place Notary Seal Above ~ersonally known to me □ proved to me on the basis of satisfactory evidence to be the person~ whose nam~) @ subscribed to the within instrument and acknowledged to me that-helsh~executed the same in ~ author" d capacity~, and thatoy · the1 signature@ on the instrument the perso ~ or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. YJ~fif /ff. d-'4~ Sigoature of NotaryPublic -----------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: __________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer Signer's Name: _______________________ _ □ Individual CJ Corporate Officer -Title(s): □ Partner -□ Limited □ General D Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ______________________ ~----~ ·I ·I ·I © 1997 National Notary Association• 9350 De Soto Ave. PO. Box 2402 •Chatsworth.CA 91313-2402 Prod. No. 5907 Reorder· Call Toll-Free 1-800-876-6827 - - BOND NO. SF6925 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2001-129 ,adopted APRIL 24 2001 ,hasawardedto AMERJCAN ASPHALT REPAIR AND RESURFACING COMPANY, INC, (hereinafter designated as the "Principal"), a Contract for 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667-3 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 fall 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 CO., INC. as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND GUARANTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX Hu ND RED s IX Ty FOUR THOUSAND FORTY NINE AND NO/00--------------------------------Dollars ($ 664,049. 00---------), said sum being an amount equal to: One hundred percent (100%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) or, Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) or, Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($10,000,000) and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the 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 attorneyts 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 wlth section 3082). Surety stipulates and agrees that no change, extension of time, alteration or addition to the tem,s of the Contract, or to the work to be performed thereunder or the specifications accompanying the same_ shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ____ _ day of __ ....,Jn..:aq~'Y----_, 200-c.1 __ _ CONTRACTOR: AMERICAN ASPHALT REPAIR & RESURFACING COMPANY, INC. (name of Contractor) By: ilk ~ (sign here) £T~ ~v;r-rt rint name here) ~~wJ;ization of signa (title and organization of signatory) Executed by SURETY this __ 4!.-:T=H:--__ _ day of _....::;,:MA;:,;Y=------' 20_0_1 __ _ SURETY: FIDELITY AND GUARANTY INSURANCE COMPANY (name of Surety) 505 N. 14TH STREET, SUITE 1200 OAKLAND. CA 94612 (address of Surety) (510) 587-2061 (telephone number of Sursty) By: ~ Ail),~,_ __ _ -~ctomey-in-F':!lct) MARK ROPPO ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) {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 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: RONALDR. BA City Attorney 1 :--, ,~ 2 By: \ ~ ( ~ f ~-... --- Deputy City A omey -Califomia All Purpose Acknowledgment State of County of California San Mateo On _ ___,,_MA=Y__._4.._, -=2=0=0-=-1 ____ , before me, Katherine G. Zerounian, Notary Public Date Name ft Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or proYecl to me on the basis of satisfactory evidence to be the person-{s) whose name-{s) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfiest-, and that by -his/her/their signaturefs} on the instrument the personfst, or the entity upon behalf of which the personfs} acted, executed the instrument. - WITNESS my hand and official seal. --------OPTIONAL---------- (The information below is not required 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I• 1, I• I· I• I• State of California } County of .... A:IU-,j/acoa.Lh'&LU..71'~ ... ~idld--------ss. on f!1try t/1,,,tfCOI . before me, #J/4/~_!;f :f,:,1z:~~0oe.<d!:~/~U/rc'' personally appeared S[/A/( *Al,,-;.,, <IMef .,k;/h //.u,;$('4'.e,.( Name(s) of Signer(s) Place Notary Seal Above {$personally known to me □ proved to me on the basis of satisfactory evidence to be the person(s? whose name~ is@ subscribed to the within instrument and acknowledged to me that ~~xecuted the same in h.is#wrr~ authorized capacity~, and that by ~ signature® on the instrument the perso~, or the entity upon behalf of which the perso~) acted, executed the instrument. WITNESS my hand and official seal. ~/~ttt&~A:t_ Signature of Notaiy 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual [] Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ______________________ ._ ____ __, © 1997 National Notary Association• 9350 De Soto Ave, P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . ' -- BOND NO. SF6925 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2001-129 , adopted _.:...;A~P~R.:..:I L=-=2..:.4.!.., ..;2:.;:.0.::..01:,.._ _________ , has awarded to .....:...:.A!.!.:M.::.E..:.!R.:..:I C~A:..!.!.!N_:A~S~P~H~A~L=-T.!....!R.!..!E:;.:P...!.A~l~R:.....!:lA~N!..!:::O~R:.5E~S.:,,;.U~Ru:.F.ciA~Ci.LI Nl.:l,;G~C~o~, , __ ·,._jl N.c_, ___ , (hereinafter designated as the "Principal"), a Contract for: 2000/01 STREET SEALING PROJECT CONTRACT NO. 3667•3 In the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract: RESURFACING CO., INC. NOW, THEREFORE, WE, AMERICAN ASPHALT REPAIR AND / , as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND GUARANTY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Carlsbad, ""'i n___,.t,,_h_e _s_u_m_o.,..f. ..,.S"""I...,. X..,H,..,....,.U...,.N .... D-R'""'E""'b-s IX TY FOUR THOUSAND FORTY NINE AND NO 100-----------------------------Dollars ($ 664,049. 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 shaU affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an Individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond_. - Executed by CONTRACTOR this __ _ day of _________ ,, 20_. CONTRACTOR: AMERICAN ASPHALT REPAIR & RESURFACING COMPANY, INC. (name of Contractor) By: ---,.,.ik..._..__C.~~,~------1(5,gn here) S,<Zv~ 'd1rYn't:a~e here) (Title and Organization of signatory) Executed by SURETY this _4"'-"T=H _____ _ day of __ ..;:.,;MA...,Y _________ , 20.Ql_. SURETY: FIDELITY AND GUARANTY INSURANCE COMPANY (name of Surety) 505 N. 14TH STREET, SUITE 1200 OAKLAND, CA 94612 (address of Surety) (510) 587-2061 (telephone number of Surety) By: _,___~----H,~t+----- J (signatu~mey•in-Fact} MARK ROPPO ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (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 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. BAL City Attorney By: ~-----+-...__• ~i)_is_~~-- Deputy City tt ey - - - California All Purpose Acknowledgment State of County of California San Mateo On --=MA_Y_4~,~20~0~1~---, before me, Katherine G. Zerounian, Notary Public Date Name ft Title of Officer/Notary personally appeared Mark Roppo Names(s) of Signers(s) personally known to me, or proi.<ed to me on the basis of satisfactory evidence to be the personfs) whose namefs) is/a-Fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies+, and that by his/her/their signature{s} on the instrument the personfsh-or the entity upon behalf of which the person{s} acted, executed the instrument. WITNESS my hand and official seal. --------OPTIONAL,--------- (The information below is not required 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 ' ,, 1118StRlul POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22355 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 674623 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,.and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mark Roppo, James B. Shea, Katherine G. Zerounian, Erin Bautista, Jeff Prevost, Jody A. Johnson and Jean L. Neu Redwood City California of the City of _________________ , State __________________ , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings u· ed or ·ued in y actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrum State of Maryland City of Baltimore Seaboard Surety Company , 1th January ~, ____ day of ________ _ . ~\) \~ted States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 2001 ® f-:~'!::::::::!, ----rLe.r/~ TIIOMAS E. HUIBREGTSE, Assistant Secretary 11th January 2001 On this ________ day of ____________ _ ____ , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. 86203 Rev. 7-2000 Printed in U.S.A. REBECCA EASLEY-ONOKALA, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this __ 4~T=H~ day of _~MA~=Y ______ _ 2001 Thomas E. Huibregtse, Assistant Secretary Please refer to the Power of Attorney number, - ,,.,._ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I• I· I• I· ~ State of California County of J/12/ll~{#t On &/P'f 4j Yl()J • before me. ld/4tq4, #//✓M/~ AJo~./UU,'' Name and Title of Olf"icer (e.g., "Jane Doe, Nota,y PJ Date personally appeared _~..;_H-_£M-=-='t!-'-A:._....u=1<:.:...'/?'2--.._-::;..._=G:-n....:;.d-'--.....:,K,'---/flf _ ___._ffi-'---'~'-'-""'=· '-""'-"'--------' ~ Name(s) ol Signer(s) .;:r;;:c;;-;:;;1,rAV1'. -, Commission # J 21 58n Notary Public -California j Alameda Counfy - My Comm. Expires Apr l2.2'.JJ3 Place Notary Seal Above ~ersonally known to me □ proved to me on the basis of satisfactory evidence to be the persori(s) whose nam~ ~ subscribed to the within instrument and acknowledged to me that~ executed the same in ttisther~ authorized capacity~. and that by ~ signature© on the instrument the perso~r the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. ~0¢-.&Afb4- Signature of Notary Public -----------OPTIONAL----------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual 0 Corporate Officer -Title{s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here I ) ·I © 1997 National Notary Association• 9350 De Soto Ave . P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 - 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 --------------------------- "Contra ct or" and whose address is --------------------- hereinafter -----------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for 2000/01 Street Sealing Project, Contract No. 3667-3 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 otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to -..-. withdrawal by Contractor at any time and from time to time without notice to the City. - ft V 9111100 Contract No. 3667-3 Page 41 of 85 Pages -- --,•- -,- - - ,-----,i- ,,--.- 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 Contractpr 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: For Contractor: For Escrow Agent: T~e ________________ _ Name _______________ _ Signature Address Title ________________ _ Name ---------------- Signature --------------- Address _______________ _ Title ________________ _ Name _______________ _ Signature ______________ _ Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ~ Q 9/11/00 Contract No. 3667-3 Page 42 of 85 Pages ·,-- - - - - - - .-. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: TI~-----------------Name _______________ _ Signature ______________ _ Address ______________ _ For Contractor: Title ________________ _ Name _______________ _ Signature ______________ _ Address For Escrow Agent: Title -----------------Name _______________ _ Signature ______________ _ Address --------------- ft ~ 9/11/00 Contract No. 3667-3 Page 43 of 85 Pages SUPPLEMENTAL PROVISIONS FOR 2000/01 STREET SEALING PROJECT . CONTRACT NO. 3667-3 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California City Council -the City Council of the City of Carlsbad. ft {.J 9/11/00 Contract No. 3667-3 Page 44 of 85 Pages - - City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer -the Public Works Director of the City of Carlsbad or 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 emplo·yees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager -The Construction Manager'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. · Construction Manager -the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD ............................. '. ....... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric G ............................................. Gas gal... ........................................ Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ........................................ gallons per minute IE ........................................... .Invert Elevation LCWD ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) ~ Q 9/11/00 Contract No. 3667-3 Page 45 of 85 Pages MTBM ..................................... Microtunneling Boring Machine -NCTD ..................................... North County Transit Distrct OHE ........................................ Overhead Electric OMWD ................................... Olivenhain Municipal Water District ROW ...................................... Right-of-Way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VWD ..................................... : .Vallecitos Water District SECTION 2 --SCOPE AND CONTROL OF THE WORK -2-3 SUBCONTRACTS. - 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the 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. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). · 3} Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the ~ Q 9/11/00 Contract No. 3667-3 Page 46 of 85 Pages - - -,,.. ,- 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), 2000 Edition, and supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of Drawing No. 389-3, sheets 1 through 18 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 most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, add the following: Where CAL TRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CAL TRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. ft V 9111,00 Contract No. 3667-3 Page 47 of 85 Pages -- - ,,- - - When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: - "I hereby certify that the (equipment, material) shown and marked in this submittal is that p~oposed ~o 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 within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file comer record(s) as required by§§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be· protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to ~ Q 9/11/00 Contract No. 3667-3 Page 48 of 85 Pages r the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 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 comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. ft ~, 9/11/00 Contract No. 3667-3 Page 49 of 85 Pages TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Stake Centerline or Parallel to Centerline Lateral Setting Tolerance Description Spacing©,~ Spacing a>,~ (Within) (Z) Street Centerline SDRS M-10 ~OOm (1000'), Street Intersections, Begin on street 7 mm{0.02') Monument and end of curves, only when shown on the centerline Horizontal, also see plans section 2-9.2.1 herein Clearing Lath in soil, lath -lntervisible, :S 15m (50') on tangents at clearing line 0.3 m (1') Horizontal painted line & :S 7.5m (25') on curves, Painted line - on PCC &AC continuous surfaces Slope RP+ Marker lntervisible and :S 15m (50') Grade Breaks 30 mm (0.1 ') Vertical & Stake & :S7.6 m (25') Horizontal Fence RP+ Marker :S 60 m (200') on tangents, :S 15m (50') on N/A 30 mm (0.1') Stake curves when R::!: 300m (1000') & 7.5m (25') on ( constant Horizontal curves when R:S 300m (1000') offset) Rough Grade Cuts RP+ Marker :S 15m (50') N/A 30 mm (0.1 ') Vertical & or Fills::!: 10 m Stake Horizontal (33') Final Grade RP+ Marker :S 15 m (50') on tangents & curves when R::!: :S6. 7 m (22') 10 mm (.,/e") Horizontal (includes top of: Stake, Blue-300m (1000') & s 7.5m (25') on curves when & 7 mm c114°) Vertical Basement soil, top in grading R :S 300m (1000') subbase and area base) Asphalt Pavement RP, paint on s 7 .5m (25') or as per the intersection grid edge of 10 mm(%") Horizontal Finish Course previous points shown on the plan whichever provides pavement, & 7 mm c114°) Vertical course the denser information paving pass width, crown line & grade breaks Drainage RP+ Marker intervisible & :S 7.5m (25'), beginning and end, as appropriate 10 mm(%") Horizontal Structures, Pipes Stake BC & EC of facilities, Grade breaks, & 7 mm (11,.") Vertical & similar Alignment breaks, Junctions, Inlets & similar Facilities(!), <Z> facilities, Risers & similar facilities (except . plumbing), Skewed cut-off lines Curb RP+ Marker s 7.5m (25'), BC & EC, at 1/~, 1/~ & ¾~ on ( constant 10 mm ("'/e") Horizontal Stake curb returns & at beainnina & end offset) & 7 mm (11,,■) Vertical Traffic Signal © Vertical locations shall be based on the ultimate elevation of curb and sidewalk Signal Poles & RP+ Marker at each pole & controller location as appropriate 10 mm ("'/a") Horizontal Controller <D Stake & 7 mm (11,.1 Vertical Junction Box <D RP+ Marker at each junction box location as appropriate 10 mm ("'If) Horizontal Stake & 7 mm ( /,.") Vertical Conduit © RP+ Marker s 15 m (50') on tangents & curves when R~ as appropriate 10 mm ('°/e") Horizontal Stake 300m (1000') & :S 7.5m (25') on curves when & when depth cannot Rs 300m (1000') or where grades 0.30% be measured from existin~ pavement 7 mm < /,,■) Vertical Minor Structure <D RP+ Marker . for catch basins: at centerline of box, ends of as appropriate 10 mm(%") Horizontal Stake+ Line box & wings & at each end of the local & 7 mm (11,.; Vertical Stake depression Gl (when vertical data needed) Abutment Fill RP+ Marker s 15 m (50') & along end slopes & conic as appropriate 30 mm (0.1 ') Vertical & Stake+ Line transitions Horizontal --Stake Wall© RP+ Marker s 15 m (50') and at beginning & end of: each as appropriate 7 mm('/,.") Horizontal Stake+ Line wall, BC & EC, layout line angle points, & 7 mm (11,,■) Vertical Point +Guard chanaes in footina dimensions &/or elevation ft ~ 9/11/00 Contract No. 3667-3 Page 50 of 85 Pages - Stake &wall height Maior Structure G> Footings, Bents, RP+ Marker 3 m to 1 O m (1 O' to 33') as required by the as appropriate 10 mm fie") Horizontal Abutments & Stake+ Line Engineer, BC & EC, transition points & at & 7 mm (11◄-) Vertical Wingwalls Point +Guard beginning & end. Elevation points on footings Stake at bottom of columns Superstructures RP 3 m to 10 m (10' to 33') sufficient to use string as appropriate 10 mm (~/e") Horizontal lines, BC & EC, transition points & at & 7 mm (11◄-) Vertical beginning & end. Elevation points on footings at bottom of columns Miscellaneous G> Contour Grading RP+ Marker s 15 m (50') along contour 30 mm (0.1') Vertical & (]) Stake line Horizontal Utilities <D, ~ RP+ Marker ::,; 15 m (50') on tangents & curves when ~ as appropriate 10 mm (~/a") Horizontal Stake 300m (1000') & s 7.5m (25') on curves when & 7 mm (1/4") Vertical Rs 300m (1000') or where arade < 0.30% Channels, Dikes RP+ Marker intervisible & ::,; 30 m (100'), BC & EC of as appropriate 30 mm (0.1') & Ditches <D Stake facilities, Grade breaks, Alignment breaks, Horizontal & 7 mm Junctions, Inlets & similar facilities (1/4") Vertical Signs <D RP+ Marker At sign location Line point 30 mm (0.1') Vertical & Stake+ Line Horizontal Point +Guard Stake Subsurface RP+ Marker intervisible & s 15m (50'), BC & EC of as appropriate 30 mm (0.1') Drains <D Stake facilities, Grade breaks, Alignment breaks, Horizontal & 7 mm Junctions, Inlets & similar facilities, Risers & Ct/) Vertical similar facilities Overside Drains RP+ Marker longitudinal location At beginning & 30 mm (0.1') (]) Stake end Horizontal & 7 mm (1//) Vertical Markers <D RP+ Marker for asphalt street surfacing s 15 m (50') on At marker 7 mm (//)Horizontal Stake tangents & curves when R~ 300m (1000') & s location(s) 7.5m (25') on curves when Rs 300m (1000'). Railings & RP+ Marker At beginning & end and s 15 m (50') on at railing & 10 mm <:'le") Horizontal Barriers <D Stake tangents & curves when R ~ 300m (1000') & s barrier & Vertical 7.5m (25') on curves when Rs 300m (1000') location(s) AC Dikes <D RP+ Marker At beginning & end as appropriate 30 mm (0.1') Stake Horizontal & Vertical Box Culverts 3 m to 10 m (10' to 33') as required by the as appropriate 10 mm (~/a") Horizontal Engineer, BC & EC, transition points & at & 7 mm (1/4") Vertical beginning & end. Elevation points on footings & at invert Pavement RP 60 m (200') on tangents, 15m (50') on curves at pavement 7 mm ( /◄-) Horizontal Markers<D when R ~ 300m (1000') & 7.5m (25') on marker curves when R s 300m (1000') For PCC location(s) surfaced streets lane cold ioints will suffice <D Staking for feature may be omitted when adJacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature a> Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table a> Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto G> Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ~ ~ means greater than, or equal to, the number following the symbol. s means less than, or equal to, the number -following the symbol. ~ The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(8) ~ Q 9/11/00 Contract No. 3667-3 Page 51 of 85 Pages ,- r - TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Descriotlon Color" Horizontal Control Coordinated control points, control lines, control reference points, centerline, White/Red alianments, etc. Vertical Control Bench marks White/Oranae Clearina Limits of clearing Yellow/Black Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow arade, etc. Structure Bridaes, sound and retainina walls, box culverts, etc. White Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm Blue drains, slooe orotection, curbs, cutters, etc. Riaht-of-Wav Fences, R/ W lines, easements, orooertv monuments, etc. White/Yellow Miscellaneous Signs, railings, barriers, liahting, etc. Oranae * Flagging and marking cards, if used. Add the followtng section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. ft ~ 9/11/00 Contract No. 3667-3 Page 52 of 85 Pages - - - -- SECTION 3 -CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, · second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 {a) and {b) and replace with the following: (a) . Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .. . .. .. .. . .. . .. .. .. .. .. .. . . .. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 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. ft Q 9/11/00 Contract No. 3667-3 Page 53 of 85 Pages -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 whi~ the Co~tr_actor believes additional compensation may be due and nature of any and all costs involved w1th1n 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 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the Cslifornia 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: 1. Project Inspector 2. Construction Manager 3. Public Works Manager 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's 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 levers position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. ~ Q 9/11/00. Contract No. 3667-3 Page 54 of 85 Pages - The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) 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)(1) "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)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) 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 ~ . Q 9/11/00 Contract No. 3667-3 Page 55 of 85 Pages -- -- -,--.. -----,-. r'· within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to. respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does 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. ~ f.1 9/11/00 Contract No. 3667-3 Page 56 of 85 Pages SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease ft {-1 9/11/00 Contract No. 3667-3 Page 57 of 85 Pages agreement shall dearly state the tenn of the lease, the desaiption of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall confonn to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Confonnance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -UTILITIES ,-5-1 LOCATION. -- Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be pennitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 -PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by pennits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 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 0 9/11/00 Contract No. 3667-3 Page 58 of 85 Pages attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contrador shall submit the Baseline Construdion Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construdion 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 eledronic media conforming to section 6-1.3.3 Eledronic Media. Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contrador's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 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 Projed 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, and restriping. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Projed Meetings. Each Projed Meeting shall be attended by the Contrador's Representative. The Projed Representative shall be the individual determined under sedion 7-6, "The Contrador's Representative", SSPWC. No separate payment for attendance of the Contrador, the Contrador's Representative or any other employee or subcontrador or subcontrador's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contrador shall provide written notice to the Engineer within two hours of the beginning of any period that the Contrador has placed any workers or equipment on standby for any reason that the Contrador has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contrador 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 Contrador's opinion of the cause of the delay and a cogent explanation of why the Contrador could not avoid the delay by reasonable means. Should the Contrador fail to provide the notice(s) required by this section the Contrador 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 Contrador shall diligently prosecute the work to completion within 45 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. The Contrador shall obtain the written approval of the Engineer if the Contrador desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conduded by the Contrador is beneficial to the best interests of the Agency. The Contrador shall ft Q 9/11/00 Contract No. 3667-3 Page 59 of 85 Pages - - 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a •Notice of Completion" to be filed in the 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. 0 9/11/00 Contract No. 3667-3 Page 60 of 85 Pages - 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in 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. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 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 ft ~ 9/11/00 Contract No. 3667-3 Page 61 of 85 Pages - 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. 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 3-1/2 inches by 8-1/2 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. An example of such notice is provided in Appendix •A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original 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 ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. · Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs . and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when ft ~ 9/11/00 Contract No. 3667-3 Page 62 of 85 Pages - -- no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CAL TRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7 .6 m (25') intervals to a point not less than 7 .6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of two paved traffic lanes, each not less than twelve (12) feet wide, shall be open for bi-directional traffic on Carlsbad Village Drive, Tamarack Avenue, Poinsettia Lane, Faraday Avenue, and Levante Street from El Camino Real to Anillo Way. 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. --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, CAL TRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control 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 ft ~ 9/11/00 Contract No. 366 7-3 Page 63 of 85 Pages .- - - Contractor so elects, said components may be stored at selected central locations,. approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CAL TRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the-alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan . Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. 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 modifications, supplements 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 ft {.19111100 Contract No. 3667-3 Page 64 of 85 Pages ~ ,- ,- ,-., ,- _,..... ,- approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment 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 supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in 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. -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 8 -FACILITIES FOR AGENCY PERSONNEL This section Is not needed. ft Q 9/11/00 Contract No. 3667-3 Page 65 of 85 Pages ,.- -- SECTION 9 -MEASUREMENT AND 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" 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 685.01 0 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 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 requires 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. ~ {.1 9/11/00 Contract No. 3667-3 Page 66 of 85 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. ft ~ 9/11/00 Contract No. 3667-3 Page 67 of 85 Pages - - -. - -----.,.... -r -- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 -BITUMINOUS MATERIALS Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-13.1 Asphaltic Emulsion Sealant Asphaltic emulsion sealant shall conform to the State of California Specification 8040-41A-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 (%") 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). 203-13.2 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 203-13.2 (A) CURED HOT-MELT RUBBERIZED ASPHALT Property Measuring Standard {ASTM Results Conditions Designation) Cone ASTM D 3407, Sec. 5 3.5mm, max. 25°C, 150 g, 5 s Penetration Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ASTM D 3407, Sec. 8 25%, min. 25°c Softening ASTM D36 82 °C, min. Point, Ductilitv, ASTM D 113 300mm, min. 25°C, 50 mm/min Flash Point, ASTMD92 288 °C, min. coc, 0 C' Viscosity, ASTM D4402 2.5-3.5 Pa·s No. 27 Spindle, 20 rpm, Brookfield 190°c, Thermosel, ft {.1 9/11/00 Contract No. 3667-3 Page 68 of 85 Pages -- - .- --- SECTION 206 -MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. 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 shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: 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, with the exception of construction warning signs used at a single location only during daylight hours for five (5) consecutive days or fewer. 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 RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: Pi 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 ,.,, 9/11/00 Contract No. 3667-3 Page 69 of 85 Pages - 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-17 (500-C-2500) portland cement conaete. e) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 m2 (5 fl2)of sign area. 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 (1050f); No. 2 heart structural grade redwood (900f); 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 (11 OOf); No. 1 heart structural grade redwood (950f); 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 (950f); 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 204-1 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 (1"), using an approved type of moisture meter, in accordance with ASTM Designation: 04444. 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 accor- dance 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". 0 9/11/00 Contract No. 3667-3 Page 70 of 85 Pages -t SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.5 Paint Systems. Add the following to Table 210-1.S(A) TABLE 210-1.5 A Surface to be Painted Pre-reatment / Surface Pre aration Primer Finish Coats Temporary Railing type (K) Abrasive Blast Cleaning to a None Two coats white Acrylic Rou hened, Textured A pearance Emulsion Paint '1l acry Ic emu sIon paint esIgne or use on exterior masonry. Is paint s a comp y in a respects to Federal Specification TT-P-19 (latest revision), Paint, Acrylic Emulsion, Exterior. This paint may be tinted by using "universal" or "all purpose" concentrates. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. 8010-91 D-30. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-21 C-19. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CAL TRANS Specification No. 8010-21 C-22 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. Add the following section. 210-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 115 Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation, 6565 West Howard Street, Niles, IL 60714 or approved equal. PAGE 71 of 85 REVISED ,,,--,..,1_.,....,,._ .., .... ◄ •-C',·--•----•-• n .. -.. :..;.; __ .,. ,.... - - - --·- -- 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 212-1.2.6 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. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or equal thereto. TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type Stimsonite Chip Seal/Temporary Overlay Marker (Models 300 and 301) TFPM Add the following section: Manufacturer of Distributor John C. Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140. 214-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. ft V 9111,00 Contract No. 3667-3 Page 71 of 85 Pages ,- ,... ,,_ ,... -,,,,..... ---,- ,..., ,... ,... ,... -· -,... ,- ,... ,... ,... -,... I'"' ,- ,... . ,... ,.... ,- .,- ,.... ,... ,,... Type Safe-Hit SH236MA Carsonite "Super Duck" SDF-436 Repo "The Replaceable Post" TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #11 Hayward, CA 94545 Telephone (415) 783-6550 · Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box7 Stanton, CA 90680 Telephone (800) 422-4420 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective 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. 0 9/11/00 Contract No. 3667-3 Page 72 of 85 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. (Name of Contractor) (Address of Contractor) (Contractor's License Number) (Date) As a part of the City of Carlsbad's ongoing program to maintain Its streets, your street wlll 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 of the day your street will be closed by a brightly colored 3 ½" x 8 ½" 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 untll It has dried. Furthermore, please do not wash your car or tum on any sprinklers whlle 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 shoes. The residue will damage some surfaces, will mark all surfaces. that you track It on and will be very difficult to remove. ft Q 9/11/00 Contract No. 3667-3 Page 73 of 85 Pages - ,- (Name of Contractor) Is the Contractor that will be performing the ~~~~~~~~~~~~~~~~~ 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 your street Is sealed mall delivery may be delayed untll the next day. You wlll not know the exact date your street wlll be closed untll you receive the 3 ½" x 8 ½" 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 concems which cannot be addressed by the Contractor, you may call the City's Engineering Inspection Department at 438-1161, ext 4323. The City of Carlsbad has some of the finest streets in the county due to the concem 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 BOO-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. 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 3-1/2 inches by 8-1/2 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 pre-cut notices shall be as shown in Appendix "A", with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. 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. ~ Q 9/11/00 Contract No. 3667-3 Page 7 4 of 85 Pages - -- add the following section: 302-11 ASPHALT CONCRETE PAVEMENT CRACK FILLING AND SEALING 302-11.1 Crack FIiiing and Sealing 302-11.1.1 Surface Preparation Cracks designated to be sealed as set forth in section 302-11.1.3, 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 203-13. 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." 302-11.1.2 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. 302-11.1.3 Measurement and Payment. The linear footage set forth in the bid item for crack filling and sealing is for estimating purposes only. Actual quantity will be as designated and measured in the field. The Engineer or Inspector 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. Full compensation for conforming to the requirements of Crack Seal shall include but not be limited to, fumishing all labor, materials, tools, equipment, and incidentals necessary to clean, feel, and seal the asphalt concrete cracks. SECTION 310 -PAINTING 310-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delete Section 310-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall conform to the Plans; the State of Califomia Traffic Sign Specifications; the State of Califomia 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 Califomia 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 CAL TRANS 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 (1 / 8 ·) in 3 m ( 10') when measured parallel to the centerline of the street or more than 6 mm (1/;') in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be fumished by the Contractor. This equipment shall meet all requirements of the air pollution control district having 0 9/11/00 Contract No. 3667-3 Page 75 of 85 Pages 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 Markings. Traffic stripes and pavement markings as indicated and required shall conform to the requirements specified in CAL TRANS Standard Specifications Section 84 only insofar as they relate to construction materials and methods, and except: a) The Contractor shall lay out (cat track) striping and markings immediately behind installation (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. On major roadways, one coat of paint shall be applied for crosswalks, legends, arrows, etc. until thermoplastic is applied. 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. 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 100m (1/2 inch in 50 feet) from the specified alignment.. Straight stripes deviating more than 80mm per 100mm (1/ 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. 310-5.6.8 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 discolor when applied to bituminous surfaces. If bleeding or ft '(.J 9/11/00 Contract No. 3667-3 Page 76 of 85 Pages - 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: 310-8 FINAL AND TEMPORARY TRAFFIC SIGNING AND MARKING Add the following section: 310-8.1 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. 310-8.2 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. - - 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: . 310-8.1.1 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: - 310-8.2 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 CAL TRANS Standard Specifications. Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design ft {.J 9/11/00 Contract No. 3667-3 Page 77 of 85 Pages and material requirements approved by the -engineer and were manufadured in accordance with the approved quality control program. 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 CAL TRANS 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. 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 Contrador 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: 310-8.3.4 Payment. All costs for signing for temporary traffic control shall be included in the lump sum price bid for traffic control, and no additional compensation will be allowed therefor. SECTION 312 • PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 Placement add the following: Fire hydrant pavement markers shall be installed in conformance with San Diego Regional Standard Drawing M-19. 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 REAS (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 REAS (Type I or II) and no additional compensation will be allowed therefor. Payment for the placement of temporary pavement markers shall be included in the contract unit ~ Q 9/11/00 Contract No. 3667-3 Page 78 of 85 Pages -- 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. Payment for the placement of permanent fire hydrant pavement markers shall be according to the unit cost for bid item: Install Blue Fire Hydrant Markers. SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placemenr, shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the channelizers to the proper alignment shall be performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a ft Q 9/11/00 Contract No. 3667-3 Page 79 of 85 Pages -·quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Ralllng and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CAL TRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm {3/8 ") thick plate welded on the upper end with a 5-mm (3/18") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. ~ Q 9/11/00 Contract No. 3667-3 Page 80 of 85 Pages r r Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CAL TRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be pla~ and maintained in alignment without substantial offset to each other. The precast concrete umts shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CAL TRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Add the following section: 313-3.~ Temporary Sand-FIiied Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite Ill" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CAL TRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CAL TRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A Type J and/or P marker panel conforming to the requirements of the CAL TRANS Traffic Manual shall also be installed at each TSFCC array as shown in CAL TRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, ~ Q 9/11/00 Contract No. 3667-3 Page 81 of 85 Pages ,- ,,..._ - maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3- 3, Extra Work, SSPWC. ft Q 9/11/00 Contract No. 3667-3 Page 82 of 85 Pages -SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 Rubberized Emulsion -Aggregate Slurry 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion -Aggregate Slurry shall be Type I Slurry Aggregate or Type II Slurry Aggregate as noted on the plans. 600-3.2.4 Quality Requirements add the Type II Slurry Aggregate line to Table 600-3.2.4(C), Composition of REAS- Aggregate Type RPME o/e of Dry Aggregate Weiaht Type II Slurry Aaaregate 28-35 TABLE 600-3.2.4(C) COMPOSITION OF REAS Residual RPME % Kg of Dry of Dry Aggregate Aggregate Per Weight Liter of RPME 14-18 2.90-3.60 Pounds of Dry Aggregate per Gallon of RPME 24-30 600-3.2.5 Aggregate add the Type II Slurry Aggregate column to Table 600-3.2.S(A), Gradation of Aggregates- Sieve Size 9.5mm 4.75mm (No. 4} 2.36mm (No. 8) 1.18mm (No.16) 600um (No. 30) 300um (No. 50) 150um (No. 100) 75um (No. 200) TABLE 600-3.2.5(A) GRADATION OF AGGREGATES % By Weight Passing Sieves TvDe II Slurrv Aaaregate 100 90-100 65-90 45-70 30-50 18-36 10-24 5-15 600-3.4 Application of REAS add the following: No REAS shall be applied until the provisions of Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 212-1.2.6 Herbicide Application, and Section 312-3 Pavement Marker Removal have all been satisfied. 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 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. ft ~ 9/11/00 Contract No. 3667-3 Page 83 of 85 Pages -,,... ,,... ,,... ,,... ,.... ,,... r-· I'"' ,.... ,.... ,.... ,,_ ,- ,,... -,---- - --- - - 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 bid price for Rubberized Emulsion Aggregate Slurry (Type I or II) and no additional compensation will be allowed therefor. 600-3.4 Appllcatlon of REAS add the Type II Slurry Aggregate line to Table 600-3.4(A), RPME Application Rates- Aggregate Type Type II Slurry Aggregate TABLE 600-3.4(A) RPME APPLICATION RATES Application Rate meter2/llter of RPME 0.59 to0.78 Application Rate Feet2/aallon of RPME 24 to 32 600-3.6 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. ft ~ 9/11/00 Contract No. 3667-3 Page 84 of 85 Pages -- -- APPENDIX "A" RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROADWORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete over the existing roadway surface. This construction will require the clos- ing of your street to through traffic for one day. Your street, from XYZ. St. to XYZ. Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: ---------from 7:00A.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering In- spection Department. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (760)XXX-XXXX if you have any questions regarding the project. Resur- facing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. 4f you have a moving company scheduled for that day 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 Engineer- ing Inspection Department at 438-1161 x4323. Thank you for your cooperation as we work to make a better City of Carlsbad. 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. ft Q 9/11/00 Contract No. 3667-3 Page 85 of 85 Pages