HomeMy WebLinkAboutCalifornia Pavement Maintenance Company Inc; 1989-09-29; U/M 24t
2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-1519
Mitu of Marlshah
U TlLlTlES & MAINTENANCE DEPARTMENTS
August 22, 1989
ADDENDUM NO. 1
PROJECT: 1988-89 STREETS CHIP SEAL PROGRAM, CONTRACT NO. U/M-;
Pages 36 and 37 are replaced eliminating item 39C, and renumber.
item 39D to 39C.
Page 39 is replaced, adding IIMONROE STREET: Chestnut Avenue
north of Wickham Way - where road narrows.'I
Page 41 is replaced indicating Monroe Street.
This addendum, with receipt acknowledgement signed, must accomp;
proposal when bid is submitted. a
I
. kg Director PH W. ANDERSON
RWA:JNE:mew
Attachments
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eipt of Addendum No. 1
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Building Maintenance, Fleet Operations, Real Property Management, Samtauon, Solid Waste Management Street Maintenance, Street Lighting, Traffic Signal Maintenance, Water
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25th STATE OF CXLIFORKI.4 On this.. ................ .day of.. . .Sept.embe.r.. ............. ............ ,1989.. ......................................
.,.Elizabeth A ..... , a Notary Public, State
duly licensed and sworn, personally appeared Goxdoo. .I..,. .Ray
e (or proved to me on the basis of satisfar!
to be the person who executed the within instrument as., ?.re.$ i
or on behalf of the corporation therein named and acknowledg
such corporation executed the within instrument pursuant to itl
resolution of its boa
IN WITNESS
my official seal in th
.... .Sac r.amen t 0.
ss. . COUNTY OF.^ ..?c.raf?e!!to..........
...........................................
Thrs documen! u onty (1 general lorn -+& ma) be wxr Im us? m s,mple
iranylctww and v) no way acts c D mew& to acz as I) wbmUte for me
ativm d an anmy The Iillm does N: mke a? ranaity enhe' elpress 0. Impred as to me
@&I valdtiy of any pmwn 01 the sur.lQ d Wse torms m a? spedc transamon
Cowdery's Form NO. 28 - Acknowledgement to Notary Public -
Corporation Cc. c. secs. 1190-1190.1) - (Rev. 1/83) MY commission expires July 19 9 1989
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California Test 1. Test Method No. Reaui rement
Loss in L.A. Rattler Test (After 100 Rev. 1 211 10% Max. (After 500 Rev.) 21 1 40% Max. Fl im Stripping 302 25% Max. C1 eanl i ness Val ue 227 75% Max.
2.
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The Contractor shall, upon being notified of selection to do the wor submit a ten-pound sample of screenings proposed to be supplied to t Utilities and Maintenance Director. Samples which, in the opinion the Utilities and Maintenance Director, would result in excessi stripping shall be rejected.
The bituminous binder shall be asphaltic emulsion high velocity, T: RS-2, conforming to ASTMS D977-69, or AASHO M-140, with latex rub1 additive.
The approximate rate of application of the combined asphaltic emuls and latex rubber additive shall be 0.30 gallons per square yard cover aggregate shall be approximately 22 pounds per square yard
The temperature at the time of application shall be not less t
150°F nor more than 180°F.
31. A. The emulsion shall be SS-1H Anionic Emulsion Seal Coat and shall mixed on a one part to one part ratio. The emulsion shall be appl at a rate of .10 gallons per square yard.
B. The emulsion shall not be applied until a minimum of two weeks
passed since the application of oil.
C. Before applying the emulsion, the street shall be swept agair insure that all loose aggregate possible has been removed.
D. The temperature at the time of application shall be not less
100°F nor more than 190°F.
30. A.
B.
C.
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32. The second posting of "No Parking" signs and the second sweeping considered as incidental to the work and no additional payment shal
made for these items.
33. A. The latex rubber additive, ultrapave 70 latex, as manufacture Textile Rubber & Chemical Co., 14241 E. Alondra Boulevard, La Mi California, 10638, or approved equal.
B. The percentage of latex to be added to the emulsion shal approximately 2.5 percent of the emulsion by volume (25 galloi latex to 1,000 gallons of emulsion). Mixing requirements shall c with recommendation of latex manufacturer.
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C. In the asphaltic emulsion binder distributor truck, at the time th rubber latex is added, the temperature of the emulsion shall b
between 150°F and 180°F and the recirculating pump shall be running The mixing shall continue for at least 20 minutes or as directed b the manufacturer.
34. All work shall be done in accordance with the Contract documents, Speci? Provisions and these specifications.
35. The Contractor and all subcontractors, suppliers, and vendors, sha' guarantee that the entire work will meet all requirements of this Contra( as to the quality of materials, equipment, and workmanship. TI Contractor, at no cost to the City, shall make any repairs or replacemenl made necessary by defects in materials, equipment, or workmanship thl become evident within one (1) year after the date of recordation of tl Notice of Completion. Within this one (1) year period, the Contractc shall also restore to full compliance with the requirements of th Contract any portion of the work which is found to not meet tho requirements. The Contractor shall hold the City harmless from claims any kind arising from damages due to said defects or non-compliance.
Materials and equipment shall be so stored as to insure the preservati of their quality and fitness for the project. Stored materials a equipment to be incorporated in the project shall be located so as facilitate inspection.
The Contractor shall make all repairs, replacements, and restoration with ten (10) work days after the date of notice by the Utilities & Maintenan Director. Failure to comply could result in forfeiture of the Performar Bond.
38. Before ordering any materials or doing any work, the Contractor sh; verify all measurements, dimensions, elevations, and quantities. No ex1 charge or compensations over and above payment for the actual quantit- of the various items of work will be allowed because of difference betwc actual measurements, dimensions, elevations, and quantities and thc indicated in the specifications; or if certain items of work have not bt included in the Bid Proposal. Any difference therein shall be submit1 to the Uti1 ities and Maintenance Director for consideration befc proceeding with the work.
39. A. The Contractor will provide and install "Tow Away No Parki construction signs, #TC-R 30-S, for use in posting streets in adva of the work. Signs shall be placed at least 48 hours prior commencement of work. Signs shall be posed at intervals of not m than 100 feet on both sides of the block affected by the work.
Tow-away of any vehicles in violation of the "NO Parking" signs w be handled by the Carlsbad Police Department. The City assumes liability in connection with movement of vehicles by the Contract
Temporary signing shall be removed as soon as the streets are rc to receive traffic and are accepted by the Utilities and Mainten?
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36.
37. 0
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B.
C. a Director.
STREET LISTING FOR 0 1988-89 STREETS CHIP SEAL PROGRAM
TAMARACK AVENUE:
MARRON ROAD:
CHESTNUT AVENUE:
CARLSBAD BOULEVARD:
EL CAMINO REAL:
ELM AVENUE: El Camino Real to Tamarack Avenue
MONROE STREET:
Palisades Drive to Elm Avenue
El Camino Real to Highway 78
Monroe Street to Pi0 Pic0
Cement seam under Palomar Airport Road bridc to Manzano Drive
Curb to curb from La Costa Avenue to South Cit 1 imi ts
Chestnut Avenue to north of Wickham Way wher
road narrows.
0
k
0
I-
I" = 101
. -.
mmm-mrn mmm--m AREA OF CHIPSEAL
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TABLE OF CONTENTS
- ITEM - P1
NOTICE INVITING BIDS ...........................
PROPOSAL .................................
BIDDER‘S BOND TO ACCOMPANY PROPOSAL ....................
DESIGNATION OF SUBCONTRACTORS .......................
BIDDER‘S STATEMENT OF FINANCIAL RESPONSIBILITY ..............
BIDDER’S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE ...........
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID .......................
CONTRACT .................................
CONTRACTOR’S CERTIFICATION OF AWARENESS OF
WORKERS‘ COMPENSATION RESPONSIBILITY ..................
CONTRACTOR’S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986 ..............
CONTRACTOR’S CERTIFICATION OF COMPLIANCE OF
AFFIRMATIVE ACTION PROGRAM 0 ......................
LABOR AND MATERIALS BOND .........................
PERFORMANCEBOND .............................
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........
SPECIAL PROVISIONS ............................
SPECIFICATIONS FOR STREETS CHIP SEAL ...................
STREET LISTING FOR STREETS CHIP SEAL ...................
AREAMAPS ................................
SPECIFICATIONS FOR TRAFFIC STRIPES & PAVEMENT MARKINGS ..........
STRIPING SCHEDULE. ............................
PAVEMENT MARKINGS SCHEDULE ........................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS 0
Sealed bids will be received at the Office of the Purchasing Officer, City Hal
1200 Elm Avenue, Carlsbad, California, until 3:30 PM on the 28st day of Augus
1989, at which time they will be opened and read for performing the work for tl
1988-89 Streets Chip Seal Program, CONTRACT NO. U/M - 24.
The work shall be performed in strict conformity with the specificatioi therefore as approved by the City Council of the City of Carlsbad on file wi the Utilities and Maintenance Department. The specifications for the work shal consist of the latest edition of the Standard Specifications for Public Work Construction, hereinafter designated SSPWC, as issued by the Southern Chapter
of the American Public Works Association. Reference is hereby made t specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-own€ businesses.
No bid will be received unless it is made on a proposal form furnished by th Purchasing Department. Each bid must be accompanied by security in a form an amount required by law. The bidders’ security of the second and third nex lowest responsive bidders may be withheld until the contract has been full executed. The security submitted by all other unsuccessful bidders shall b returned to them, or deemed void, within ten (10) days after the contract i awarded. Pursuant to the provisions of law (Public Contract Code, Sectio
22300), appropriate securities may be substituted for any obligation requirec by this notice or for any monies withheld by the City to ensure performance unde this contract. If Contractor elects to use an escrow agent, Section 10263 o the Public Contract Code requires monies or securities be deposited with Statc Treasurer or a state or federally chartered bank in California.
The documents which must be completed, properly executed and notarized are:
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1. Proposal 2. Bidder’s Bond 3. Designation of Subcontractors 4. Bidder’s Statement of Financial Responsibility 5. Bidder’s Statement of Technical Ability and Experience
All bids will be compared on the basis of the Engineer’s Estimate. The estimatec quantities are approximate and serve solely as a basis for the comparison oi bids. The Engineer’s Estimate is $243,877. The work is anticipated to take place during Octobe,r and November, 1989, and take approximately 30 workdays to fully complete all aspects of work including sweeping.
No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. The following classifications are acceptable for this contract: A, C-12 or C-32. 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 c)
documents must be completed and submitted with the signed contract. agreement may not be substituted at a later date.
One set of plans, special provisions and contract documents may be obtained the Purchasing Department, City Hall, Carlsbad, California, at no cost licensed contractors, additional sets may be obtained for a non-refundable f
of $7.50 per set.
The City of Carlsbad reserves the right to reject any or all bids and to wai any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed execute the contract shall be those as determined by the Director of Industri Relations pursuant to Sections 1770, 1773 and 1773.1 of the California Lab Code. Pursuant to Section 1773.2 of the California Labor Code, a current cc
of applicable wage rates is on file in the Office of the Carlsbad City Cler The Contractor to whom the contract is awarded shall not pay less than the sa specified prevailing rates of wages to all workers employed by him or her in 1 execution of the contract.
The Prime Contractor shall be responsible to insure compliance with provisic of Section 1777.5 of the California Labor Code and Section 4100 et seq. of 1 Public Contract Code, "Subletting and Subcontracting Fair Practices Act".
The provisions of Part 7, Chapter 1, of the California Labor Code commenc with Section 1720 shall apply to the Contract for work.
A pre-bid meeting will be held on August 21, 1989 at 2:00 P.M. at the Utilit and Maintenance Administration'Conference Room, 2075 Las Palmas Drive, Carl sbi
A tour of the project site(s) should be made prior to the prebid meeting.
Bidders are advised to verify the issuance of all addenda and receipt therc one day prior to bidding. Submission of bids without acknowledgement of adder may be cause for rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers i materials suppliers each in an amount equal to one hundred percent (100%) i fifty percent (50%), respectively, of the Contract price will be required work on this project.
The Contractor shall be required to maintain insurance as specified in Contract. Any additional cost of said insurance shall be included in the price.
Approved by the City Council of the City of Carlsbad, California by Resolut
No. 89-259 , adopted on the 25th day of July , 1989 .
The escr
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July 26, 1989 a&f2 ,./ -ki2,& Date ALETHA L. RAUTENKRANZ, City CJ,krk
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CITY OF CARLSBAD
CONTRACT NO. Ufl-24 LqLiL a0
V\T\&. t! L c,
PROPOSAL
City Council City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
The Undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Contract documents, Plans, Specifications and Specifications and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete this Contract in accordance with said Contract documents, Plans, Specifications, and Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit:
Item Item Description with Prices or Quantity Price TOTAL Approximate Unit
c) No. LumD Sum Price Written in Words & Unit If iqures) ( f iqures)
1 Chip Seal, complete in place at wo dol 1 ars
yard. *
Layout and replace traffic stripes
I *a208 and &hh cents per square 260,475 sq. yds. e, Fb
2 9P ycl, (00.3, Why.
A' cg ts..fi"j7 lump sum / . *a
&;+
b 25s/
49-
S& wfld - 645
0
- '.
\ v
4
Approximate Unit (D Item Item Description with Prices or Quantity Price TOTAL
No. LumD Sum Price Written in Words ?t Unit 1 f iqures) ( f iqures)
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Total amount of bid in words:
Total amount of bid in numbers: $
Addendum( a) No (s 1 . @ included in this proposal.
1 has/have been received and is/are
&jpQJ5$5$ P &rYi
fill
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All bids are to be computed on the basis of the given estimated quantities ( work, as indicated in this proposal, times the unit price as submitted by tt bidder. In case of a discrepancy between words and figures, the words sha' prevail. In case of an error in the extension of a unit price, the correctr extension shall be the calculated and the bids will be computed as indicatt above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections crossed 01 and typed or written in with ink and must be initialed in ink by a persc authorized to sign for the Contractor.
The Undersigned has checked carefully all of the above figures and understam that the City will not be responsible for any errors or omissions on the pal of the Undersigned in making up this bid.
The Undersigned agrees that in cases of default in executing the requirc contract with necessary bonds and insurance policies within twenty (20) days fr( the date of Award of Contract by City Council of the City of Carlsbad, tl proceeds of check or bond accompanying this bid shall become property of the Cii of Carlsbad.
Licensed in accordance with the Statutes of the State of California providii
Classification (s)
The Undersigned bidder hereby represents as foll ows:
1.
c,
for the registration of& ractors, License No. 74S/% N
That no Council Member, officer, agent or employee of the City of Carlsb( is personally interested, directly or indirectly, in this Contract, or tl compensation to be paid hereunder; that to representation, oral or writing, of the City Council, its officers, agents or employees has inducc him/her to enter into this Contract, excepting only those contained in th 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 t corporation making a bid for the same work, and is in all respects fa and without collusion or fraud.
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Accompanying thi s proposal i s (Cash, Certified Check, Bond or Cashier's Chec for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Californ Labor Code which require every employer to be insured against liability fl worker's compensation or to undertake self-insurance in accordance with t' provisions of that Code, and agrees to comply with such provisions befo commencing the performance of the work of this Contract.
R/b'deA; 8od@f
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The Undersigned is aware of the provisions of the California Labor Code, Pal 7, Chapter 1, Article 2, relative to the general prevailing rate of wages f,
each craft or type of worker needed to execute this Contract and agrees to comp' with its provisions.
Phone Number Bidder's Name
a
ClutFOlwtA PAVEMENT wuuQ3wcE coII1PANY' IBC 9 f 6 9 381- BO 3 3
S-28-89 Date
Authorized Signature
9390 ELDER CREEK RO. sAcRAMWT0,cA 95829 &/eppar)s7;,d
Bidder's Address Type of Organization (Individual, Corporation or Partnership)
List below names of President, Secretary, Treasurer and Manager, if corporation; and names of all partners, if a partnership:
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1
23rd August On this, .................. day of.. ................................ , in tl
........................................ > bef
, a Notary Public, State of Cal
STATE OF CALIFO.RNIA
COUNTY OF ........ ..........
I.,. ... .......
...................... ..............................................
personally known to me (or proved to me on the basis of satisfactory e\
to be the person who executed the within instrument as .General. .Ma
or on behalf of the corporation therein named and acknowledged to 1
-- ._.. IN WITNESS W eunto set my hand and
............
mls mrnent 8s only a general lorn huh may be proper lor use In simple
bansazions ad an no way acts. or Is intended 10 act as a subslnule lor me
aov~ of an attorney he prtnie, doff not make any warranty enher express or impiled as lo the
.
' iegd valid@ of any provwon or me suflabilry d lhese farm in any speclflc Iransactlon.
Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) MY commission expires July 19 * 1993
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RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSVLVANIA
Bond No. BBSU BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
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KNOW ALL MEN BY THESE PRESENTS, that we CALIFORNIA PAVEMENT - COMPAN
9390 Elder Creek Road
Sacramento, CA 95829
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CARLSBAD, CAL
as Obligee, hereinafter called the Obligee, in the sum of TEN p- OF m m B-J-D--
),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for 1988-89 STREETS CHIP SEAL PROGRAM
o( lars ($ ......................
Contract No. U/M - 24
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the Denaltv hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this Fourteenth day of August A.D. 19 89
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/v (W&tness)/ -
RELIANCE INSURANCE COMPANY
By : d!h /dLx+K---
0)
i H. Weber, Attorney-In-Fac
BDR-2305 Ed 10-73
STATE OF CALIEQRNIA) ss.
COUNTY OF SACRAMENTO)
On thislath day of August, in the year 1989, before me a ~otary public, PI
appear& Joseph H. Weber, personally known to me (Or Proved to me On the b
satisfactory evidence) to & the person whose name is subscrim to this ins as the Attorney-In-Fact on behalf of the corporation therein named and ackno
to me that the corporation executed it.
STATE OF CALIFORNIA On t$$~~.~. ... .23.rd.. ... . .AngusL.. .................. , in th
COUNTY OF. ss. .Eliighgih .;Eiiroso.. .......................................... , befo. , a Notary Public, State of Calif
duly licensed and sworn, personally appeared ............................
personally known to me (or proved to me on the basis of satisfactory evid
to be the person who executed the within instrument as. Gener.aJ.. M~~~ or on behalf of the corporation therein named and acknowledged to me
such corporation executed the within instrument pursuant to its by-la\rs
resolution of its bo
ave hereunto set my hand and afl
, County of. ..............
forth above in this certific
.......................... .,. . , .........
John W. Jennings ................................................ .............
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This document IS only a general ton whch may be prowr for use rn stmile
Uansactions and in no way acts. of IS mtended to an as a substnute fa me
adnm of an anow The printer does mi make any warranty enher express or ampled as to me legal valldq ol any PmvtStOn of lt~ sultahlq ot these forms on any speafc transamlon
Cowdery’s Form No. 28 - Acknowledgement to Notary Public -
Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires July 19, 1993
* nfiklfiLWUJ-2 ALWUL--- -vu ~~~ ~~.~_
HEAO OFFIC€. PHILADELPHIA. PENNSYLVANIA 1-
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a cormation duly wpnirad under the laws of t
Pennsylvania. does hereby make, wnrtitute and appoint
JOSEPH H. WEBER of SACFAMENTO, CALIFORNIA---
its true and lawful Attorney-in-fact. to make. execute. seal and deliver for and on its behalf. and 8s its act and deed
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ANY AND ALL BONDS AND UNDERTAKINGS OF SURFTYSHIP------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and ot
obligatory in the nature thereof me signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and Maled and attested t
of ut& officers. and hereby ratifies and confirms all that its raid Attornsy(s)in-Faa may do in pumlunca hereof.
This Power of Attorney b granted under and by authority of Article VI1 of the By-LSws of RELlANCE INSURANCE COMPANY wt
effective September 7, 1978, which provisions are now in full form and effect, reading as follows:
ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Via Rerident, any Vice President or Assistant V'
01 other officer designated by the Board of DirectorJ shall haw power and authority to (a) appoint Attorneysin-Fact and to authorize ther
on bahalf of the Company, bonds und undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thei
to remow eny such Attorneyin-Fact at any time and revoke the power and authority given to him.
2. Attorneyrin-Fact rhll hars power and authority. *ect to the terms and limitations of the WHmr of attorney itsued to ther and deliver on bohalf of the Comlpsny, bonds and undertakings, tecognhncer, contracts of indemnity end other writings obligatory in the M
7hs corporate sal is not necessary for the validity of any bonds and undertakings. recognizsnars, contracts of indemnity and other writicr
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, racognizanc8s. contra
nity or other conditional or obligatory undertakings and tbey shall also have powsr and authority to certify the financial statement of the C
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and =led by- facsimile under and by authority of the following Resolution adopted by the Board o
RELIANCE INSURANCE COMPANY at a meeting held on the 6th day of Jum, 1979, at which a quorum vas present, and said Resolution
amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company my be affixed to any such mwer of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power M eracutad and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it n attached."
c,
IN WITNESS. WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Via President, and itsm
be hereto affixed, this 9th day of August '63 *
RELIANC 4NSURANCE PANY
i a, , aA4,,,, @ Vice G45A President
STATE OF Washington ) 55. COUNNOF ~i~~
On this 9th day of August , '$3 ,personally awesred Charles B. Schmalz
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attesta
instrument and affixed the real of said corporation thereto, and that Article VII. %tion 1, 2. and 3 of the By-Laws of said Company
tion, set forth therein, are still in full force.
My Commission Expirw: d-
July 20.19 86
Mi 1 Residing at
1. Charles J. Falskow , Asinant kraary of the RELIANCE INSURANCE COMPANY, do hereby certify
and foregoing is a true and correct copy of a Power of Attorney exearted by said RELIANCE INSURANCE COMPANY. which is still ij a, effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Compeny this 14th day of August
. BOR-1431 Ed. 6/79 @ Assistant Secretary CL+
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BIMIER'S BOND TO ACCOMPANY PROPOSAL e KNOW ALL PERSONS BY THESE PRESENTS:
That we, as Principal, and as Surety, are held and firmly bound unto the City of Carlsbad, Californi an amount as follows: (must be at least ten percent (10%) of the bid amc
for which payment will and truly made, we bind ourselves, our heirs, exec and administrators, successors or assigns, jointly and severally, firm these payments.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal c above-bounden principal for the 1988-89 Streets Chip Seal Program, Contra( U/M - 24, in the City of Carlsbad, is accepted by the City Council of said and if the above bounden Principal shall duly enter into and execute a Cor including required bonds and insurance policies within ten (10) days frc date of Award of Contract by the City Council of the City of Carlsbad, duly notified of said award, then this obligation shall become null and otherwise, it shall be and remain in full force and effect, and the i specified herein shall be forfeited to the said City.
In the event any Principal above named executed this bond as an individui is agreed that the death of any such Principal shall not exonerate the ! from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seal this d
9 19 -
Corporate Seal (If Corporation)
0
Principal
Surety
BY
Title (NOTARIAL ACKNOWLEDGEM
EXECUTION BY ALL PRIN! AND SURETY MUST BE ATTAl
(ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) (CORPORATE SEAL)
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DESIGNATION OF SUB-CONTRACTORS
The Undersigned certifies he/she has used the sub-bids of the following lis. contractors in making up his/her bid and that the sub-contractors listed w be used for the work for which they bid, subject to the approval of the Utilit and Maintenance Director, and in accordance with applicable provisions of specifications and Section 4104 et seq. of the Public Contract Code - "Sublett and Subcontracting Fair Practices Act". No changes may be made in these SI contractors except upon the prior approval of the Utilities and Maintenai Director of the City of Carlsbad. If no subcontractors are listed, . Contractor agrees that he/she is fully qualified to and will perform the WOI The following information is required for each sub-contractor. Additional pa! can be attached, if required:
Items of Complete Address
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Work Full Comoanv Name - with ZiD Code q-;E$ SFm S%/jNS* Ep,!-*, (?H 5+30/4- Q*-' *a8 @4x 7zs 4
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IGNATION OF SUB-CONTRACTORS (cont i nued)
The bidder is to provide the following information on the sub-bids of all listed sub-contractors as part of the sealed bid submission. Additional pa can be attached, if required. Type of State Carlsbad Contracting Business Amount o Full ComDanv Name License & No. License No.* Bid (S or
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* Licenses are renewable annually. If no valid license, indicate “Noh
i Valid license must be obtained prior to submission of signed contracts
CaUFORNlA QAVEMENT ~~?~N~~~ CDMPANV, 1NC.
Bidder’s Company Name
Bidder’s Complete Address
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION HUST BE AllACHED.)
(CORPORATE SEAL)
9390 UDER CREEK RD. %CRAMENTO, CA 95829
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0 mR'S STATEMENT OF FINANCIAL RESPONSIBILIM
The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility or financial statement.
L IvZZ;kXccA 4wfAei2 r;tc&i?L-A-
On '~8~. ... .23.rd ......... , in tl
, befi Yb ss. .. E.lizabetK .Air ...............................
STATE OF CALIFORNIA
COUNTY OF. sacramento ........... , a Notary Public, State of Cali ......................
............... duly licensed and swo John W. Je
personally known to me (or proved to me on the basis of satisfactory ev
to be the person who executed the within instrument as. Genera&. Ma
or on behalf of the corporation therein named and acknowledged to I
such corporation executed the within instrument pursuant to its by-la
resolution of its board of directors.
ve hereunto set my hand and
...................... .......................................
............ ounty of.. ..........
mls dOcumenl IS only a general lorn whld may be proper for use m stmpie rth above in this cer'
Bansaclions and m no way am. or IS !mended to ad. as a substnute lor the
adwe of an anwney The primer does nd make any warranty either express or mplted as to me
kqa validey of any provislon or tk sunablny of mese forms m any speak trmsactm.
July 19, 1993 Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires
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(NOTARIAL ACKNOULEDGEHENT OF EXECUTION MUST BE ATTACHED. )
(CORPORATE SEAL) Ib
I.
STATE OF CALIFORNIA On t&sgg.. .. .23.rd.. . yof ..... August. ........... , in tf
ss.
, E ~ .i.’i a~ e t h‘ . Ai ro s j. .......... ......................... , befc
, a Notary Public, State of Cali
. duly licensed and sworn, personally appeared .......................
.7 personally known to me (or proved to me on the basis of satisfactory evj
to be the person who executed the within instrument as. Genera.1.. Mal
or on behalf of the corporation therein named and acknowledged to n
such corporation executed the within instrument pursuant to its by-la
resolution of its boa
Sacramento .......................... COUNTY OF ........................ ............
John W. Jennings ............................. ..............................
ROT.fiZ7 pu2,I[c G”XIF
+---%-*--~-. --‘e4
IN WITNESS e hereunto set my hand and -_ of. ...........
Thts document IS oniy a general form whld, may be proper for use m simple
bansadmns and in no way am. OT 5 imended lo act. as a substnure lor the
advlce 01 an anwney. The pmtw does Mf make any wananty either express or implied as lo the
mal valdny 01 any prowson or the sunahltty 01 these forms in any speotic transadion. Notary Public, State of Ca Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) July 19, 1993 My commission expires
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CA L j FO R N /A PA VE M E N T MA IN TE NA N C E COMPANY, I I
CHIP SEAL REFERENCES
CONTRACTS COMPLETED IN 1988
AGENCY CONTRACT NO. AMOUNT
STATE OF CALIFORNIA 08-301104 $ 676,350
DISTRICT 08 08-301304 $ 519,500
HAYES REDDEN, RES. ENG. 08-304404 $ 615,279
P.O. BOX 231 08-304504 $ 673,971
SAN BERNARDINO, CA. 92403 08-304704 $ 676,481
714-383-4503
CITY OF BLYTHE 88-89 CHIP SEAL $ 245,680 LES WARNING
220 NO. SPRING STREET
BLYTHE, CA 92225
619-922-4938
COUNTY OF LOS ANGELES C.C. 2638R $ 62,700
PALMDALE, CA 93550 LEON SWAIN
805-947-7176
CITY OF PALM SPRINGS 88-13 $ 305,225 P.O. BOX 1786
PALM SPRINGS, CA 92263 TOM CARTWRIGHT
619-323-8253
38126 NO. SIERRA HWY. C.C. 2645R $ 59,100
r* STATE OF CAT~IF^,P,WIA 11-15’;;254 9 48G,775 DISTRICT 11
PEDRO ORSO-DELGADO, RES. ENG.
P.O. BOX 81406
SAN DIEGO, CALIFORNIA 92138
619-237-6623
WATSON ENERGY SYSTEMS, INC. ASCON PROJECT $ 461,660 22010 SO. WILMINGTON AVE.
CARSON , CA 90745 RICK DOHERTY
213-775-3486
9390Elder Creek Road Sacramento, CA 95829 (9 IS) 38 1-8033
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STATE OF NEVADA NUMBER 2276 $ 347,500
DEPARTMENT OF TRANSPORTATION
DON REED, RESIDENT ENGINEER
1601 FAIRVIEW DRIVE, SUITE H
CARSON CITY, NEVADA 89701
702-885-5865
THIS IS ONLY A PARTIAL LIST, VARIOUS OTHER CONTRACTS
COMPLETED DURING 1988 AND PREVIOUS YEARS COULD BE SUPPLIED
UPON REQUEST.
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CALIFORNIA PAVEMENT MA1 N TENAN CE CO M PAN V, II
MUNICIPAL REFERENCE SHEET
CITY OF SAN DIEGO CITY OF BURBANK
2781 Caminito Chollas 275 E. Olive Avenue
San Diego, California Burbank, California 91510
619-236-5656 818-953-9600 Slurry Seal 1982-83-85-86-87-88 Slurry Seal 1986-87-88
$ 1,456,000.00 - $ 2,245,000.00 $ 98,344.00
CITY OF CONCORD CITY OF CARLSBAD
1950 Parkside 1200 Elm Street
Concord, California 94519 Carlsbad, California 92008
415-671-3303 619-438-5535
Slurry Seal 1986-88 Slurry Seal 1985-86-88
$ 414,601.95 $ 141,685.00
CITY OF SACRAMENTO CITY OF FRESNO
915 I Street 2101 G Street, Bldg. A Sacramento, California 95814 Fresno, California 93704
916-449-5281 209-488-1451
Slurry and Chip Seal 1979-81-82- Slurry Seal 1980 to 83 & 88
83-85-86-87-88 $ 55,000.00 - $ 75,000.00
$ 189,600.00 - $ 375,000.00
CITY OF SANTA ROSA P.O. Box 4089 City Hall-P.O. Box 1678 Los Angeles, California
707-576-5141 Slurry & Chip Seal - Various
COUNTY OF LOS ANGELES
Santa Rosa, California 95402 213-226-8111
Sl.urry Seal. 1979-31-82-P3-~5-57-D9 77;pc.j e-,.tc -lc:.13.?_ t!-,:,:?qf., :?ET
$ 155,000.00
CITY OF MONTEREY PARK STATE OF CALIFORNIA
uLI pax.yL,LLAy 1. 3~ -n-n~c----= Fry-- 320 W. FTeriark A7,72cut3 i r(tiLU ,-* r Ori I f+ i I J.Y Monterey Park, California 1120 N Street
818-307-1321 Sacramento, California Slurry Seal Every Year Since 1982 916-445-4094
$ 75,000.00 Slurry & Chip Seal - All
$ 50,000.00 - $ 135,000.00
~yn- n 7-r-iim
Districts Every Year Since 8:
CITY OF FULLERTON $185,000.00 - $ 1,085,000.00
303 West Commonwealth Avenue
Fullerton, California 92632 CITY OF PALM SPRINGS
714-738-6845 P.O. Box 1786 Slurry Seal Every Year Since 1983 Palm Springs, California
$ 155,000.00 619-323-8253
Slurry & Chip Seal - 1988
$ 390,000.00
9390Elder Creek Road Sacramento, CA 95829 (9 76) 387-8033
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Date Name and Phone
Contract Name and Address No. of Person ComDleted of the EmDioYer to Contact TvDe of Work
See b4 TT'ACAMW7Y 'cb Pwpe 10
Amount of Contract
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m-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBnIl?ED WITH BID
0
State of California 1 ) ss. County of sAcrc~neA/~ )
Zhd W+ Ter3c\(;d~s , being first duly sworn, deposl
Ge/e&*4.~ DM-, ~;P.G&L l
the party making t
foregoing bid that the bid is not made in the interest of, or on behalf of, a undisclosed person, partnership, company, association, organization, corporation; that the bid is genuine and not collusive or sham; that the bidd has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspire connived, or agreed with any bidder or anyone else to put in a sham bid, or th anyone shall refrain from bidding; that the bidder has not in any manne directly or indirectly, sought by agreement, communication, or conference wi anyone to fix the bid price, or of that of any other bidder, or to fix a overhead, profit, or cost element of the bid price, or of that of any 0th bidder, or to secure any advantage against the public body awarding the contra of anyone interested in the proposed contract; that all statements contained the bid are true; and, further, that the bidder has not, directly or indirect1 submitted his or her bid price or any breakdown thereof, or the contents thereo or divulged information or data relative thereto, or paid, and will not pay, a fee to any corporation, partnership, company association, organization, b depository, or to any member or agent thereof to effectuate a collusive or sh bid.
I declare under penalty of perjury that t s true and correct a
(Name)
and says ‘~~F~~~~~~ (Tit 7e) WMTENANCE COMPANY, tMC
(Name of Firm)
1
foregoing that this affidavit was executed on /7 43 day of A&...r/ PmI.
h
.I
4 (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED)
b (CORPORATE SEAL)
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a- STATE OF CALIFORNIA ................
ss. COUNTY OF.. Sacramento ..............
sonally appeared.. ... ...............
.............. ............... ......................
personally known to me (or proved to me on the basis of satisfactory ev
to be the person who executed the within instrument as .G!?*eral. .?%I
or on behalf of the corporation therein named and acknowledged to r
such corporation executed the within instrument pursuant to its by-la - resolution of its board
IN WITNESS W
my official seal in th ,Sacrclmento, . , , . . ,
of. ...........
This document IS only a general form which may be propeer lor u5e m simple
1iansadions and cn no way am, or is intended 10 ad as a substimte for the
adwce 01 an ariorney. The printer does not make any warranty enter express 01 implied as Io the
@ai validity of any proviwon or the sunabillty of these forms m any ~peclfic Iransamion.
Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires Ju Iv 19 1 19 9 3
, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL0 ,
Fa i t 1.: F t -k -R I) -i. k !.: r: 1. x h M t.n- p h 5'
?$c>1. Fo t5.lam E 1.vrl <. ? %*e 5 3Qc)
C? I g -3w3 - 2?.?2.:?
COMPANIES AFFORDING COVERAGE ,, S.~~~.:.rmp.n~.t~ ,,(::A 5'
j CODE SUB-CODE
I COMPANY A
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LETTER M?lYy a.antj t::aStfd !:ty cu 0
COMPANY
LETTER B C:a 1. ....cs I) (J.@
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Ca I if .. F'atm~ten*t Ha i ntensrrce COMPANY 9390 E: 1. d E?.!- C:r ne?.: i?o 9 d LETTER c
COMPANY :G<:! z': 1' .:+ <VIE n* 0
535 82V LETTER D
COMPANY LETTER E
THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1
I
ALL LIMITS IN THOUSi POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) TYPEOFINSURANCE POLICY NUMBER co 1 LTR 1
I GENERAL LIABILITY GENERAL AGGREGATE
f?c x COMMERCIAL GENERAL LIABILITY E:i::'G-?:i. :i. 4-7053 '1. j../~?:~./~~8 j. J..f01../89 PRODUCTS-COMP/OPS AGGREGATE
CLAIMS MADE x OCCUR. PERSONAL & ADVERTISING INJURY
OWNER'S & CONTRACTOR'S PROT. EACHOCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one person)
SINGLE 8 . ::TOMOBILE LIABILITY COMBINED
ALL OWNED AUTOS BODILY
r SCHEDULED AUTOS (Per person)
'I x HIRED AUTOS BODILY
i zq NON-OWNEDAUTOS (Per accident) i DAMAGE
4 EXCESS LIABILITY
..' ANY AUTO f j.f<?:i-..'F$8 I!. %/<>1./8?$ LIMIT 1<5oz3
INJURY $
INJURY $ 11
GARAGE LIABILITY PROPERTY $
EACH OCCURRENCE
I
11 $ $
1 1 1 1 ?:?
ii
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
2
STATUTORY
$
WVE38 :t <g+::i FZ/(r j. 189 8JQ j. /po $ ~.(@Q$AsE
$ I.~~#&ASE
li
i OTHER 1 1 DESCRIPTION OF OPERATlONS/LOCATlONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS q\_' : 7- '-;r8R"..E39 STREE'T'S !;H:f: P 8Ehf ... B!;i'053~,~4M/r';IfN?'Rnf::'I' Nff y IJ,.'M..":?*q
t\yt~:+:r-y 3: (:jt.!pl~-~ ~:N:;L~;I.EP~:~:I ~t.m pg 1 p~fi.t~.::y 3' E.,I!~.!RANT:~:: r:l:ptf:l~.!~:~~~~~~~.~~ n-yi'{?tf:j.ir;:g
EXPIRATION D HEREOF, THE ISSUING COMPANY WILL X3
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LUIVIIVI C ALtHi.*U CIY CT(N
- L-w 0 -_ -
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL1
_- ADDITIONAL INSURED-OWNERS, LESSEES or 0 CONTRACTORS (Form A)
This endorsement modifies insurance provided under the following:
CO M M ERCl AL GENERAL Ll AB1 LlTY COVERAG E PART.
c
SCHEDULE i
Name of Person or Organlzatlon (Addltlonal Insured): Locatlon c ' City of Carlsbad Covered Opera
1200 Carlsbad Village Drive 1988-89 Streets Chip Set
Carlsbad, CA 92008-1989 Contract No. U/M-24
Premium Basis Rates Advance Prerr Bodfly injury and (Per Property Damage Liabilfty cost . $1000 of cost) $ AT AUDIT
. - TotaIAdvancePremlum $ AT AUDIT
(If no entry appears above, information required to complete this endorsement will be shown in the Dt as applicable to this endorsement.)
1. WHO IS AN INSURED (Section 11) is amended to (a) All work on the project (( . include as an insured the person or organization service, maintenance. or (called "additional insured") shown in the Sched- be performed by or on be ule but only with respect to liability arising out of: additional insured(s) at the
. A. "Your work" for the additional insured(s) at covered operations has b
the location designated above, or pleted; or
8. Acts or omissions of the additional insured(s) (5) That portion of "your WOI
in connection with their general supervision which the injury or damage
of "your work" at the location shown in the been put to its intended u Schedule. person or organization othc other contractor or subc engaged in performing ope1 2. With respect to the insurance afforded these addi-
a principal as a part of tional insureds, the following additional provisions
apply: project.
A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property except exclusions (a), (d). (e), (f), (h2), (i), arising out of any act or orniss and (m), apply to this insurance. additional insured(s) or any of 6. Additional Exclusions. This insurance does ployees, other than the gener: not apply to: sion of work performed for the
(I) "Bodily injury" or "property damage" Insured(s) by you.
for which the additional insured(s) are (4) "Property damage" to: obligated to pay damages by reason of (a) Property owned, used or oc or rented to the additional ir the assumption of liability In a contract or agreement. This exclusion does not apply to liability fordamages that the additional (b) Property in the care. custod
insured(s) would have in the absence of trol of the additional insu
the contract or agreement. over which the additional il are for any purpose exercis (2) "Bodily injury" or "property damage" ical control; or occurring after: (c) "Your work" for the addi sured(s),
0
CG 20 09 11 85 Copyright, Insurance Services Office, lnc., 1984 a
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CROSS LIABlLITY/SEVERA6ILITY OF INTEREST
IN TIIE EVENT OF A CLAIM MADE OR IF A SUIT iS BkOUGltT AGAINST AljY lNSUR
TllE TERM OF THIS POLICY SIIALL BE CONSTRUED AS THOUGI! SUCH INSURED HER THE ONLY INSURED IIEREUNDER, IRRESPECTIYE OF UHETIlER SUCI! CLAIM OR SUIT MADE OR BROUGIIT BY ANOTtIER INSURED OR BY ANY OTHER PERSOfl OR ORGANIZAl TIE SNlE AS IF A SEPARATE POLICY HAD BEEN ISSUED.TO EACH ItISURED, BUT TllE COM'At4Y 'S TOTAL LIABILITY. UNDER THIS POLICY. SHALL NOT EXCEED THE LIMITS SllOWN IRRESPECTIVE OF THE NUhlBER OF INSUREDS .. INVOLVED.
0
PRIMnRY INSURANCE
IT IS AGREED THAT T1tIS INSURANCE StlAtt BE PRIMARY INSURANCE AflD IF
THE ADDITIONAL INSURED SHALL HAVE OTIIER INSURANCE AGAINST A LOSS COVE1 BY TilIS POLICY, TINT OTHER INSURANCE SHALL BE EXCESS INSURANCE OIiLY.
i
Attached to Policy No. EP8711470.8 Issued by Maryland Ca
.. . Insured CALIFORNIA PAVEMENT MAINTENANCE
Effectlve Date of Coverage- ., 11/1/88 Expiration Date2
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CONTRACT - PUBLIC WORKS. $50.000 OR MORE @ This Contract is made this a% day of - 9 19q by ar between the City of Carlsbad, California, a munt'cipal corporation, ( ereaftc called "City") 9 and
, whose principal place of
California Pavement Maintenance Cornpanv. Inc.
businessis 9390 Elder Creek Rd., Sacramento, CA 93829
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. DescriDtion of Work. Contractor shall perform all work specified in tl Contract documents for the 1988-89 Streets Chip Seal Program, Contrac'
U/M-24 (hereinafter called "project").
2. Provisions of Labor and Materials. Contractor shall provide all lab0 materials, tools, equipment and personnel to perform the work specifi by the Contract documents.
3. Contract Documents. The Contract documents consist of this Contract; t Bid Documents, including the Notice to Bidders, Instructions to Bidder and Contractors' Proposals; the Plans and Specifications, the Speci Provisions, and all proper amendments and changes made thereto accordance with this Contract or the Plans and Specifications, and t bonds for the project; all of which are incorporated herein by th reference.
The Contractor, the Contractor's sub-contractors, and materials suppl ie shall provide and install the work as indicated, specified and implied the Contract documents. Any items of work not indicated or specified, b which are essential to the completion of the work, shall be provided the Contractor's expense to fulfill the intent of said documents. In a instances throughout the life of the Contract, the City will be t interpreter of the intent of the Contract documents, and the City decision relative to said intent will be final and binding. Failure the Contractor to apprise her/his subcontractors will not re1 ieve her/t of the responsi bi 1 i ty of compl i ance.
Pavment. As full compensation for Contractor's performance of work unc this Contract, City shall make payment to the Contractor per Section I of the current edition of the Standard SDecifications for Public Wor Construction. The closure date for each monthly invoice will be the 3( of each month.
Invoices from the Contractor shall be submitted according to the requii City format to the office of the Utilities and Maintenance Director, 2( Las Palmas Drive, Carlsbad, California 92009-1519 no later than the ! day of each month. Payments will be delayed if invoices are received afi the 5th of each month. The final retention amount shall not be relea: until the expiration of thirty-five (35) days following the recording the Notice of Completion pursuant to California Civil Code Section 311
0
4.
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5. Indeoendent In vest iqation . Contractor has made an independeni investigation of the job site, the soil conditions at the job site, anc all other conditions that might affect the progress of the work, and i: aware of those conditions. The Contract price includes payment for al' work that may be done by Contractor, whether anticipated or not, in ordei to overcome underground conditions. Any information that may have beet furnished to Contractor by City about underground conditions or other jol conditions is for Contractor's convenience only, and City does not warrani that the conditions are as thus indicated. Contractor is satisfied wit1 all job conditions, including underground conditions and has not reliec on information furnished by City.
6. Contractor ResDonsible for Unforeseen Conditions. Contractor shall bt responsible for all loss or damage arising out of the nature of the worl or from the action of the elements or from any unforeseen difficultiei which may arise or be encountered in the prosecution of the work until it! acceptance by the City. Contractor shall also be responsible for expense! incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completior of the work caused by acts of God, stormy weather, extra work or matter: which the specifications expressly stipulate will be borne by City.
Chancle Orders. City may, without affecting the validity of the Contract order changes, modifications, deletions and extra work by issuance o written change orders. Contractor shall make no change in the work withou' the issuance of a written change order and Contractor shall not be entitlei to compensation for any extra work performed unless the City has issuei a written change order designating in advance the amount of additiona compensation to be paid for the work. If a change order deletes any work the contract price shall be reduced by the unit price, lump sum price or if the amount cannot be determined from the Contract, by a fair ani reasonable amount. If the parties are unable to agree on that amount o reduction, the work shall nevertheless proceed and the amount shall bc determined by litigation. The only person authorized to order changes Oi extra work is the Utilities and Maintenance Director. The written changl order must be executed by the City Manager if it is for $15,000.00 or les or approved by the City Council and executed by the Mayor if the amoun of the change order exceeds $15,000.00.
8. Imniuration Reform and Control Act. Contractor shall comply with thi requirements of the "fmnigration Reform and Control Act of 1986" (8 US
Sec. 1101 - 1525).
Prevail inu Usus Pursuant to the California Labor Code, the Director o the Department of Industrial Relations has determined the genera 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 rate is on file in the Office of the Carlsbad City Clerk, and is incorporate1 by reference herein. Pursuant to the California Labor Code, Section 1775 Contractor shall pay prevailing wages. Contractor shall post copies o all applicable prevailing wages on the job site.
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7.
0 0
9.
3 a
.
10. Indemnity. Contractor shall assume the defense of, pay all expenses I defense, and indemnify and hold harmless the City, and its officers ai employees, from all claims, loss, damage, injury and liability of eve kind, nature and description, directly or indirectly arising from or connection with the performance of the contract or work; or from ai failure or alleged failure of Contractor to comply with any applicable 1ar rules or regulations including those relating to safety and health; excel for loss or damage which was caused solely by the active negligence of tl City; and from any and all claims, loss, damage, injury and liabilit, howsoever the same may be caused, resulting directly or indirectly frl the nature of the work covered by the Contract, unless the loss or damat was caused solely by the active negligence of the City. The expenses 1 defense include all costs and expenses, including attorney's fees fl litigation, arbitration, or other dispute resolution method.
11. Insurance. Without limiting Contractor's indemnification, it is agre that Contractor shall maintain in force at all times during the performan of this agreement a policy or policies of liability insurance at lea $1,000,000 combined single limit covering its operations, includi coverage for contractual liability and insurance covering the liabili set forth herein.
Contractor's liability insurance policies shall contain the followi cl auses :
A. "The City is added as an additional insured as respects operations the named insured performed under contract with the City."
"It is agreed that any insurance maintained by the City shall app in excess of and not contribute with, insurance provided by th po 1 i cy. "
All insurance policies required by this paragraph shall contain t foll owing cl auses:
A. "This insurance shall not be cancelled, limited or non-renewed unt after thirty days written notice has been given to the City."
B. "The insurer waives any rights of subrogation it has or may hav against the City or any of its officers or employees."
Certificates of insurance evidencing the coverages required by the cl aus set forth above shall be filed with the Utilities and Maintenance Direct prior to the effective date of this agreement.
. Contractor shall comply with the requirements a1 ifornia Labor Code. Contractor shall a1 so asst the defense and indemnify and save harmless the City and its officers i employees from all claims, loss, damage, injury and liability of evt kind, nature and description brought by any person employed or used Contractor to perform any work under this Contract regardless responsi bil ity for negl igence.
$
B. %
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13. Proof o f Insura nce. Contractor shall submit to the Utilities and Maintenance Director certification of the pol ic'ies mentioned in Paragraphs
10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract.
14. Claims and La wsuits. Contractor shall comply with the Government Tort C1 aims Act (California Government Code Section 900 et seq. ) prior to fil ing
any lawsuit for breach of this Contract or any claim or cause of action
for money or damages.
Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California 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 Uti1 ities and Maintenance Director by certified letter accompanying the return of this Contract. Contractor shall notify the Utilities and Maintenance Director by certified mail of any change of address of such records.
16. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference.
17. Securitv. 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 moneys withheld to ensure performance under this Contract.
Provisions Rewired 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 by physically amended to make such insertion or correction.
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15.
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18.
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19. Additional Pro visions. Any additional provisions of this Contract ar set forth in the "Special Provisions" and "Specifications" attached beret
MkIFORRIA PAVEM E#T UIAINTEHANCE COWANy" tRC.
and made a part hereof.
Contractor
(NOTARIAL ACKNOYLEDGMENT OF EXECUTION BY ALL PRINCIPALS
MUST BE AllACHED.)
BY
Title
(CORPORATE SEAL)
APPROVED AS TO FORM:
ATTEST: s -
I
v - ..
STATE OF CALIFORSIA
COUNTY OF.? .;!C.r?m'?!?t.?
On this.. .... .25t.h., .... day of.. . .Sept.embe.r.. ............... , in t 1989.. ... ........................... ,be!
..... , a Notary Public, State of Cal
ss. ............ .......... .. .~lizabeth Airosa.. ...
duly licensed and sworn, pe ared Gordm. IJ...Rayner..
personally known to me (or proved to me on the basis of satisfactory e\
to be the person who executed the within instrument as. . 'P.r'e.S i
or on behalf of the corporation therein named and acknowled
resolution of its
................................
fis -men1 IS wly a general form rhzh ma) be mper tor use c s8wk
ben~~ew anj VI no way acts D, 6 mewBC IO Sa. as a submule 101 N aonce d an anorney The pinter 6c-s M ma\e an) wana-ty erlW ernes or *nplrd as 10 tW war valldny d am, provtvon 0. the surarxlny d Wse iwrns in am, spedc 1m~arlm
Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) sly commission expires JU~Y 19 > 1989 t
mRACTOR'S CERTIFICATION OF AWARENESS OF RKERS' COHPENSATION RESPO?iSIBILITY
"I am aware of the provisions of Section 3700 of the California Labor Code wh requires every employer to be insured against 1 iabil ity for workers' compensat or to undertake self-insurance in accordance with the provisions of that Co and I will comply with such provisions before commencing the performance of work of this Contract."
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Con tract or
CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
"I am aware of the requirements of the "Immigration Reform and Control Act 1986" (8 USC Sec. 1101 - 1525) and have complied with these requiremen including but not limited to verifying the eligibility for employment of agents, employees, sub-contractors and consultants that are included in t Contract. "
Contractor %
I I hereby certify that
in performing under the Purchase Order awarded by the City of Carlsbad, 'h
Board of Supervisors, including all cu
t comply with the County of San Diego Affirmative Action Program adopted by
Date
8
I (NOTARIAL ACI(NOYLEDGEMENT OF EXECUTION WST BE ATTACHED.)
(CORPORATE SEAL)
* B
j -
..
STATE OF CALIFORNIA
COUNTY OF.S.ac.raf?e*to
h.. .... day of.. . ,SePt.e?!be.T.. ............... ,in tl
SS. ............ 19.89 ................................. .............. , bef .......... . .. .Elizabeth Airoso.. ............. l a Nota ublic, State ofCal
duly licensed and sworn, personally appeared Gordon. .L,. .Rqynex..
wn to me (or proved to me on the basis of satisfactory ev
to be the person who executed the within instrument as. .F.re.s i
or on behalf of the corporation therein named and acknowledged to r
such corporation executed the within instrument pursuant to its by-la
resolution of its boa
IN WITNESS
my official seal in th
.... Sacramento.
..........................................................
............ ..........
Rrr dmmenl IS on9 a general form rhdi ma) be pmw Iw ux m fmpk
D-dms ard tn rm way acts w E ilfrroed 10 5( as a syennrile lm Cr
a- ol an anwney The pmler &es h2 ma-e an) *sna?ty enhe. ewes 01 unplee0 8s 10 me
iegd valdly 01 any provlwon n lhe suraolq @ mex forms m amj D@C ~ransxclm
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation !C. C. Secs. 1190-1190.1) - (Rev. 1/83) MY commission expires July 19 9 1989
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ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION 0
This Escrow Agreement is made and entered into by and between the City ( Carlsbad whose address is 1200 Elm Avenue, Carlsbad, California 92OOl hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the Owner, Contractor and Escrc Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State c California, Contractor has the option to deposit securities with Escrc Agent as a substitute for retention earnings required to be withheld I City pursuant to the Construction Contract entered into between the Ci. and Contractor for the 1988-89 Streets Chip Seal Program, Contract No U/M - 24, in the amount of $ dated (hereinafter referred to as the "Contract". attached as Exhibit "A". When Contractor deposits the securities as substitute for Contract earnings, the Escrow Agent shall notify the Ci within ten days of the deposit. The market value of the securities at tl time of substitution shall be at least equal to the cash amount thi required to be withheld as retention under the terms of the Contra1 between the City and Contractor. Securities shall be held in the name 1 and sha designate the Contractor as the beneficial owner. Prior to al disbursements Escrow Agent shall verify that the present cumulative mark1 value of all securities substituted is at least equal to the cash amou of all cumulative retentions under the terms of the Contract.
The City shall make progress payments to the Contractor for such fun which otherwise would be withheld from progress payments pursuant to t Contract provisions, provided that the Escrow Agent holds securities the form and amount specified above.
Alternatively, the City may make payments directly to Escrow Agent in t amount of retention for the benefit of the City until such time as t escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expens incurred by Escrow Agent in administering the escrow account. The expenses and'gayment terms shall be determined by the Contractor and Escr Agent.
The interest earned on the securities or the money market accounts he in escrow and all interest earned on that interest shall be for the SO account of Contractor and shall be subject to withdrawal by Contractor any time and from time to time without notice to the City.
A copy of said Contract
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6. Contractor shall have the right to withdraw all or any part of t principal in the Escrow Account only by written notice to Escrow Age accompanied by written authorization from City to the Escrow Agent th City consents to the withdrawal of the amount sought to be withdrawn Contractor.
7. The City shall have a right to draw upon the securities in the event default by the Contractor. Upon seven days written notice to the Escr Agent from the City of the default of the Contractor, the Escrow Age shall imnediately convert the securities to cash and shall distribute t cash as instructed by the City.
Upon receipt of written notification from the City certifying that t Contractor is final and complete, and that the Contractor has complied wi all requirements and procedures appl icable to the Contract, Escrow Age shall release to Contractor all securities and interest on deposit le escrow fees and charges of the Escrow Account. The escrow shall be clos immediately upon disbursement of all moneys and securities on deposit a payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and t Contractor pursuant to Sections 4 to 6 inclusive, of this agreement a the City and Contractor shall hold Escrow Agent harmless from Escr Agent’s release and disbursement of the securities and interest as s forth above.
The names of the persons who are authorized to give written notices or
receive written notice on behalf of the City and on behalf of t Contractor in connection with the foregoing, and exemplars of t respective signatures are as follows:
For City: Title Name Signature Address
For Contractor: Title _I - Name ._r -.- Signature Add res s
Name Signature
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9.
10. 0
For Escrow Agent: Title
\ Address
At the time the Escrow Account is opened, the City and Contractor shz del iver to the Escrow Agent a fully executed counterpart of this Agreemer
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IN WITNESS WHEREOF, the parties have executed this Agreement by their prop officers on the date first set forth above.
For City: Title
Name Signature
For Contractor: Title
Name
Signature
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SPECIAL PROVISIONS 01
1. PLANS AND SPECIFICATIONS
A.
8.
The plans consist of location listing and map delineating the work areas which are further detailed herein.
The specifications for the work shall consist of the latest edition of the Standard SDecifications for Pub1 ic Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, the Special Provisions and the Specifications contained herein.
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. Expeditious commencement and completion of work is of prime importance.
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance Director or his approved representative.
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8. Directions:
Where the words "directed" , "designated" , "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Util ities and Maintenance Director 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 Utilities and Maintenance Director" unless stated otherwise.
Equal s and Approval s:
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 Utilities and Maintenance Director" 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 Util ities and Maintenance Director is intended.
C.
d)
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01 0. Perform and Provide:
The word 'perform" shall be understood to mean that the Contract0 at own expense, shall perform all operations, and shall provide a labor, tools and equipment, and further, including the furnishing a installing of materials that are indicated, specified, or required mean that the Contractor, at own expense, shall furnish and insta the work, complete in place and ready to use, including furnishing necessary labor, materials, tools, equipment and transportation.
4. CODES AND STANDARDS
Standard specifications incorporated in the requirements of t specifications by reference shall be those of the latest edition at t time of receiving bids. It shall be understood that the manufacturers producers of materi a1 s so required either have such speci ficatia available for reference or are fully familiar with their requirements pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A. A construction schedule is to be submitted by the Contractor F Section 6-1 of the SSPWC at the time of the preconstructi conference. No changes shall be made to the construction schedi without the prior written approval of the Utilities and Maintenar
Any progress payments made after the scheduled completion date sh; not constitute a waiver of this paragraph or any damages.
41 Di rector.
B.
C. Coordination with the respective utility company for removal relocation of conflicting utilities shall be requirements prior commencement of work by the Contractor.
The Contractor shall begin work within 5 work days, unless otherwl zpecified by the Utilities & Maintenance Director, after being d notified by an issuance of a "Notice to Proceed" and shall diligen prosecute the work to completion within the number of consecut calendar days, workdays, weeks specified in the "Notice to Procee
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6. NONCONFORMING'UORK
The Contractor shall remove and replace any work not conforming to plans or specifications upon written order by the Utilities and Maintena Director. Any cost caused by reason of this nonconforming work shall borne by the Contractor. tB
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7. GUARANTEE
All work shall be guaranteed for one (1) year after the recording of "Notice of Completion" and any faulty work or materials discovered durin
the guarantee period shall be repaired or replaced by the Contractor.
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8. MANUFACTURER'S INSTRUCTIONS
Where installation of work is required in accordance with the produc manufacturer's directions, the Contractor shall obtain and distribute th necessary copies of such instruction, including two (2) copies to th Utilities and Maintenance Director upon completion of work and prior 1 the filing of Notice of Completion.
9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shall be equippc with mufflers in good repair when in use on the project with speci: attention to City Noise Control Ordinance No. 3109, Carlsbad Municim - Code, Chapter 8.48.
10. CITY INSPECTORS
All work shall be under the observation of the Inspector(s) designated I the Utilities and Maintenance Director. The Inspector(s) shall have frc access to any or all parts of work at any time. The Contractor sha' furnish the Inspector(s) with such information as may be necessary to kec the Inspector(s) fully informed regarding progress and manner of work a- character of materials. Inspection of work shall not relieve t Contractor from any obligation to fulfill this Contract.
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11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be insert in this Contract shall be deemed to be inserted herein and the Contra shall be read and enforced as though it were included herein, and i through mistake or otherwise, any such provision is not inserted, or not correctly inserted, then upon application of either party, th Contract shall forthwith be physically amended to make such insertion correction.
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, the Contractor's subcontractors and materials suppl ic shall provide and install the work as indicated, specified and implied the ContracCdocuments. Any items of work not indicated or specified, t which are essential to the completion of the work, shall be provided the Contractor's expense to fulfill the intent of said documents. In i instances throughout the life of this Contract, the City will be 1 interpreter of the intent of the Contract documents and the City's decis. relative to said intent will be final and binding. Failure of 1 Contractor to apprise Contractor's subcontractors and materi a1 s suppl i [ of this condition of the contract will not relieve him/her of 1 responsibility of compliance. 0
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13. SUBSTITUTION OE MATER1 ALS
The Proposal of the Bidder shall be in strict conformity with the drawi and specifications and based upon the items indicated or specified. Contractor may offer a substitution for any material, apparatus, equipm or process indicated or specified by patent or proprietary names or names of manufacturer which the Contractor considers equal in every resp to those indicated or specified. The offer made in writing, shall incl proof of the State Fire Marshal’s approval (if required), all necess information, specifications and data. If required, the Contractor, at Contractor’s own expense, shall have the proposed substitute, materi apparatus, equipment or process tested as to its quality and strength, physical, chemical or other characteristics, and its durability, fini or efficiency, by a testing laboratory as selected by the City. If substitute offered is not deemed to be equal to that so indicated specified, then the Contractor shall furnish, erect, or install material, apparatus, equipment or process indicated or specified. S substitution of proposals shall be made prior to beginning of constructi if possible, but in no case less than ten (10) days prior to act instal 1 at ion.
14. RECORDS
The Contractor shall keep a current record of the completed areas include times, dates and other pertinent data, and submit to an assig Inspector at the end of each work day or at the beginning of the next LC day, upon request by an assigned Inspector.
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15. PERMITS
A Right-of-Way Permit will be required to be obtained by the Contrac as soon as the Contractor is notified of selection as the Contractor the project. Compensation for the permit shall be included within contract costs and no additional compensation will be made. When am11 for the Dermit, traffic control Dlans for the areas of work are reauir in addition to other requirements. Traffic control plans shall conf to the latest edition of the State of California, Department Transportation Traffic Manual, Manual of Traffic Control for Construct and Maintenance Work Zones. Submittal of traffic control plans to Traffic Engineer a minimum of two (2) weeks prior to the preconstruct meeting is necessary to allow proper time for review, correctic resubmissions and final approval prior to the preconstruction meetin$
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16. OUANTITIES IN THE SCHEDULE
A. The quantities given in the proposal by the City for unit price itt are for comparing bids and may vary from the actual final quantit. Some quantities may be increased and others may be decreased entirely eliminated. No claim shall be made against the City damage occasioned thereby or for loss of anticipated profits, Contractor being entitled only to compensation for the actual ’I done at the unit prices bid.
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8. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a bid unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Utilities and Maintenance Director will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. A Change Order must be issued prior to any change in work in accordance with the Contract, item 7.
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17. SAFETY & PROTECTION OF WORKERS AN0 PUBLIC
A. 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 areas where the work is being performed.
B. 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 post danger signs warning against hazards. 0 18. SURVEYING
The Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made.
19. UTILITIES
A. Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) or individually solely for their own use or for the use of their tenants, and storm drains, sanitary sewers, and street lighting. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist withjn the limits of the work. However, the accuracy or completeness of the utilities indicated on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the Plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all util ities and their service connections. The Contractor shall make own investigation as to the location, type, kind of material, age and condition of existing util ities and their appurtenances and service connections which may be affected by this Contract work, and in addition the Contractor shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the Plans.
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B. The Contractor shall notify the owners of all utilities at least
hours in advance of excavating around any of the structures. At t completion of the Contract work, the Contractor shall leave a utilities and appurtenances in a condition satisfactory to the owne
and the City. In the event of damage to any utility, the Contract shall notify the owners of the utility immediately. It is t
responsi bi 1 i ty of the Contractor to compensate for uti 1 i ty damage
The temporary or permanent relocation or alteration of utilitie including service connections, desired by the Contractor for o convenience shall be the Contractor’s own responsi bi 1 i ty, and sha make all arrangements regarding such work at no cost to the City. del ays occur due to uti1 i ties relocations which were not shown on t Plans, it will be solely the City’s option to extend the completi date.
In order to minimize delays to the Contractor caused by the failk of other parties to relocate utilities which interfere with 1 construction, the Contractor, upon request to the Utilities i Maintenance Director, may be permitted to temporarily omit the port. of work affected by the utility. The portion thus omitted shall constructed by the Contractor immediately following the relocation the utility involved unless otherwise directed by the Utilities i Maintenance Director.
E. All costs involved in locating, protecting and supporting of i utility lines shall be included in the price bid for various items work and no additional payment will be made.
F. The Contractor shall notify Underground Service Alert far enough advance of the work to allow marking of the utility locations at ‘ various sites.
G. It shall be the responsibility of the Contractor to protect 4 existing utilities.
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20. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized during construction under this Contract. The Contractor shall contact appropriate water agency for requirements and shall include cost of wa and meter rental within appropriate items of proposal. No separate paym will be made.
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SPECIFICATIONS FOR 0 1988-89 STREETS CHIP SEAL PROGRAH
1. The work to be done consists of furnishing all labor, equipment a materials and performing all operations necessary to complete the chip se work on the streets as specified herein.
Traffic control measures including street closures, detours and barricad will be as required in item 15 - Permits, of the Special Provisions a in accordance with the approved Traffic Control Plan. No street closur will be permitted without prior approval of the Traffic Engineer.
The contractor shall cooperate with local authorities relative to handli traffic through the area and shall make his own arrangements relative keeping the working area clear of parked vehicles. The contractor sha provide the "No Parking - Tow Away Zone" signs that are to be posted hours in advance of work. The local Police Department shall be notifi 72 hours prior to the posting of the signs by the Contractor.
4. During construction and until the SS-1H seal coat is applied, vehicle spe shall be posted at 25 M.P.H. by the Contractor using C17 signs.
5. Full compensation for all work involved in dust control, the traff control plan, the furnishing, installation and removal of tempora barricades, construction signs, warning signs or any device for t temporary control of traffic or safety of the workers, including flagger shall be considered as included in the contract price for the various t items in the Bid Proposal and no additional allowance will be m< therefor.
Where screenings are being spread on a traffic lane, C6 "Loose Gravel" < C17 "25 M.P.H." speed signs shall be placed adjacent to the outside el of the traveled way nearest to the lane being worked on by the Contract1 The first C6 sign shall be placed where the screenings begin with respi to the direction of travel on that lane. The signs shall be placed maximum 300' foot intervals on residential streets and 500' on ma. streets along the edge of traveled way and at on-ramps and public ro or streets entering the chip seal area as directed by the Utilitie! Maintenance Director and is indicated on the approved Traffic Control Pl
The C6 and C17 signs shall be maintained in a place at each location un final sweeping or brooming of the seal coat surface at that location performed and traffic stripe is in place. The C6 and C17 signs sh conform to the latest edition of the CalTrans Manual of Traffic Contrc The signs may be set on temporary portable supports with the speed s below the Cgor on barricades with the speed sign alternating the C6 si
8. Full compensation for furnishing, placing, maintaining, and removing and speed signs and temporary supports or barricades for the signs sb be considered as included in the contract prices paid for the chip s and no separate payment will be made therefor.
9. Before spreading any binder that would obliterate existing 1 del ineation, the Contractor shall place temporary plastic reflect markers on the existing delineation. The markers shall be placed not n
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than 48 feet apart on tangents and not mope than 24 feet apart on curve Temporary delineation shall be placed only so far in advance of seal co operations as may be required for each day's work.
10. Temporary plastic reflective markers shall be Davidson Products Co "Temporary Lane Line Markers", or an approved equal. Markers shall yellow or white as directed by the Traffic Engineer.
Installation shall be accomplished by removing the cover from the adhesiv placing the marker on the existing lane lines, and applying foot pressu to the marker to ensure complete contact between the adhesive and existi surfacing .
When traffic lanes on both sides of the marker have been sealed or at t end of the day's work, the covering of the reflector shall be completc removed and disposed of. The temporary marker shall be maintained in pla and clearly visible from both directions of traffic until permanent 1; del i neat i on i s pl aced.
The contract lump sum price paid for temporary markers shall include fi compensation for furnishing all labor, materials, tools, equipment, i incidentals, and for doing all the work involved in placing tempor: plastic reflective markers, complete in place, and no additior compensation will be allowed therefor.
14. The Contractor will be required to supply the following materials i services as part of this project:
A. Provide the materials, labor, and equipment necessary to accompl the application and rolling of the chip seal coat as specified.
B. Provide labor and equipment necessary to accomplish total sweeping loose chips from the project streets. The following sweeping sched shall be carried out by the Contractor.
-- The 1st sweeping shall commence the day of the application
oil. -- The 2nd sweeping shall commence twenty-four (24) hours after
first sweeping. -- The 3rd sweeping shall commence one (1) week after the sec sweep i ng . -- The 4th and last sweeping shall commence fourteen (14) calen
days after the application of oil, at that time the SS1-H s coat shall be applied. This will require re-posting all the c seal streets with temporary "NO Parking" signs. -- Care shall be taken to maintain a surface free of IC screening, yet sweeping shall not be performed in such a mar that screening set in the binder will be displaced. All excess screening removed from the project streets will
hauled and disposed of by the Contractor at additional/separate cost to the City. -- All curb returns at intersections shall be chip sealed at t
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0 street is chip sealed.
-- Contractor will be responsible for keeping the sidewalks ar driveway approaches free of loose chips in the construction arc until seal coat is appl ied.
15. Asphaltic emulsion shall be Type RS-2 grade with a liquid rubber latt additive.
16. Seal coat (rubber latex) shall be medium fine (5/16" x No. 8 size ( screening) and shall conform to Section 37-1, "Seal Coats", of the CalTrai Standard Specifications and these Special Provisions.
17. The liquid rubber latex additive shall conform to the followii requirements when sampled and tested in accordance with ASTM Designation Dl416 and D1417:
Asphaltic Emu1 sion Grade Used RS2 Type of latex Anionic Monomer Ration, Butadiene/Styrene 73+5/ 2 7+5 Solids Content, Min. X 67- Sol ids Content, Min. 1 bs ./gal . 5.0 Caoglum on 80 mesh screen, Max. X 0.1 pH of latex 9.4-10.5 Surface Tension, dynes/cm 28-42 Brookfield Viscosity, cps (Max.) 2000
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18. The liquid rubber latex shall be added to the asphaltic emulsion accordance with one of the following:
-- At the source where the asphaltic emulsion is manufactured.
-- By injecting liquid rubber latex into the line used to transf asphaltic emulsion from the storage tank to the distribution truc The injection system shall contain a metering device capable vol umetri c measurement.
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19. Immediately following the application of -he bituminous binder, it sh: be covered with dampened screenings. The dip spreader shall be a minin of ten (10) feet, but never by more than fifty (50) feet behind 1 bituminous binder distribution truck.
The Contractor shall furnish a minimum of 2 rubber-coated vibratory dr rollers conforming to Dynapac CA 25AR or approved equal. An operator shl be provided for each piece of equipment.
21. The Contractor shall also furnish one pneumatic-tired roller conform to the provisions of Section 39-5.02, "Compacting Equipment", of CalTrans Stahdard Specifications. An operator shall be provided for piece of equipment.
Rolling shall consist of three (3) complete coverages with rubber-coa vibratory drum rollers and shall begin imnediately behind the spread The initial roller shall closely follow and never be more than fifty ( feet behind the chip spreader when chips are being spread.
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23. All trucks hauling chips shall be equipped with a permanent hitch th will fit the pulling device on the self-propelled chip spreader.
24. As part of project clean-up, the Contractor will be required to sweep t project streets according to the schedule. The Contractor will then
responsible for removing excess screening from the streets. The exce chips obtained from the sweeping operations will be the property of t Contractor, who will be required to dispose of them.
Payment for chip seal will be paid for at the contract price per squa yard,except that no additional payment will be made for salvaging t excess screenings and hauling them to a designated dump site, and any cos associated with the chip seal operation should be included in the unit b price of work.
Before delivery of materials, certified copies in triplicate of the repor of all required tests shall be submitted to and approved by the Utiliti
& Maintenance Director. The testing shall have been performed whc indicated in this specification at the Contractor's expense by independent laboratory approved by the Uti1 ities & Maintenance Directc
Materials shall be delivered to the site in an undamaged condition. -
materials shall be protected against damage and stored in a locat- approved by the Utilities & Maintenance Director. Defective or darns< materials shall be replaced by the Contractor at no expense to the Cil
The chip seal shall be applied only when the existing surface is clean i free of visible moisture. Chip seal shall be applied only when 1 pavement is above 60°F and rising unless otherwise directed. The chip s( shall be applied evenly on the surface as specified herein and as directc The chip seal shall have a homogeneous appearance, fill all surface vo' and penetrate cracks, adhere firmly to the surface, have skid-resist; texture and be clear of loose chips.
29. The cover aggregate shall consist of crushed stone, or gravel or boi It shall be thoroughly clean and free from deleterious matter. It sho be essentially one size, sharp, and mostly conform to the follow gradation requirements as determined by California Test Method No. 20
A. Sieve Size Percentaae Passinq
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Medium 5/16 x No. 8 3j8" 100 No. 4 30-60 No. 8 0- 15 No. 16 0-5 No. 30 0-3 No. 200 0-2
B. The percentage passing the #200 sieve shall be as close to 0 feasible to mitigate dust after application. Screenings shall be n cubical in nature and shall also conform to the following qual requirements:
0
36
Cal i forni a Test 0 1. m Method No. Reau i remen t
Loss in L.A. Rattler Test (After 100 Rev.) 211 10% Max. (After 500 Rev.) 211 40% Max. Fl im Stripping 302 25% Max. Cl eanl i ness Val ue 227 75% Max.
2. The Contractor shall, upon being notified of selection to do the work, submit a ten-pound sample of screenings proposed to be supplied to the Utilities and Maintenance Director. Samples which, in the opinion of the Utilities and Maintenance Director, would result in excessive stripping shall be rejected.
The bituminous binder shall be asphaltic emulsion high velocity, Type RS-2, conforming to ASTMS D977-69, or AASHO M-140, with latex rubber addi ti ve.
The approximate rate of application of the combined asphaltic emulsion and latex rubber additive shall be 0.30 gallons per square yard and cover aggregate shall be approximately 22 pounds per square yard.
The temperature at the time of application shall be not less than
150°F nor more than 180°F. e 31. A. The emulsion shall be SS-1H Anionic Emulsion Seal Coat and shall be mixed on a one part to one part ratio. The emulsion shall be applied
at a rate of .10 gallons per square yard.
B. The emulsion shall not be applied until a minimum of two weeks has passed since the application of oil.
C. Before applying the emulsion, the street shall be swept again to insure that all loose aggregate possible has been removed.
0. The temperature at the time of application shall be not less than
100°F nor more than 19O'F.
The second posting of "No Parking" signs and the second sweeping are
considered as incidental to the work and no additional payment shall be made for these items.
33. A. The latex rubber additive, ultrapave 70 latex, as manufactured by Textile RuQber & Chemical Co., 14241 E. Alondra Boulevard, La Mirada, California, 10638, or approved equal.
B. The percentage of latex to be added to the emulsion shall be approximately 2.5 percent of the emulsion by volume (25 gallons of latex to 1,000 gallons of emulsion). Mixing requirements shall comply with recommendation of 1 atex manufacturer.
Latex rubber additive shall be added to distributor not more than onc hour prior to time of application.
30. A.
B.
C.
32.
C. e
-
D. In the asphaltic emulsion binder distributor truck, at the time tl rubber latex is added, the temperature of the emulsion shall I between 150'F and I80'F and the recirculating pump shall be runninc The mixing shall continue for at least 20 minutes or as directed I the manufacturer.
34. All work shall be done in accordance with the Contract documents, Speci Provisions and these specifications.
35. The Contractor and a1 1 subcontractors, suppl i ers, and vendors, sha guarantee that the entire work will meet all requirements of this Contra as to the quality of materials, equipment, and workmanship. T Contractor, at no cost to the City, shall make any repairs or replacemen made necessary by defects in materials, equipment, or workmanship th become evident within one (1) year after the date of recordation of t Notice of Completion. Within this one (1) year period, the Contract shall also restore to full compliance with the requirements of th Contract any portion of the work which is found to not meet tho requirements. The Contractor shall hold the City harmless from claims any kind arising from damages due to said defects or non-compliance.
Materials and equipment shall be so stored as to insure the preservati of their quality and fitness for the project. Stored materials a equipment to be incorporated in the project shall be located so as facilitate inspection.
The Contractor shall make all repairs, replacements, and restoration wit1 ten (10) work days after the date of notice by the Utilities & Maintenar Director. Failure to comply could result in forfeiture of the Performar Bond.
38. Before ordering any materials or doing any work, the Contractor shi verify all measurements, dimensions, elevations, and quantities. No ex1 charge or compensations over and above payment for the actual quantit of the various items of work will be allowed because of difference betwc actual measurements, dimensions, elevations, and quantities and thc indicated in the specifications; or if certain items of work have not bc included in the Bid Proposal. Any difference therein shall be submit. to the Uti1 ities and Maintenance Director for consideration befc proceeding with the work.
39. A. The Contractor will provide and install "Tow Away No Parkii construction signs, #TC-R 30-S, for use in posting streets in adva. of the, work. Signs shall be placed at least 48 hours prior comnenckment of work. Signs shall be posed at intervals of not m than 100 feet on both sides of the block affected by the work.
Tow-away of any vehicles in violation of the "No Parking" signs h be handled by the Carlsbad Police Department. The City assumes liability in connection with movement of vehicles by the Contract
Temporary signing shall be removed as soon as the streets are re to receive traffic and are accepted by the Utilities and Maintena Director.
0
36.
37. 0
6.
C. 0
4
38
Notwithstanding any other or concurrent notification by the City of paving operations, the Contractor will notify residences and businesses of street closure uti1 izing a notification method approved by the Utilities and Maintenance Director.
Notices shall be left on or at the front door of each dwelling or comnercial unit abutting the street to be surfaced. This shall be done two (2) days prior to placement of "No Parking" signs. The Contractor shall be required to insert dates and estimated times of closing and reopening streets to local traffic. If the work is delayed or rescheduled for any reason after placement of "No Parking" signs or distribution of notification letters, the Contractor shall re-date the signs affected and redistribute notification letters.
Payment for the placement of the "No Parking" signs and notices shall be considered included in the bid price paid for chip seal and no additional payment will be made therefor.
42. All manholes, water valves and monument covers shall receive a heavy coating of aparting agent prior to the application. After the screening has been applied and cured, the Contractor shall remove all material attached to the covers.
The Contractor shall be responsible for the removal of all existing raised pavement markers in the work areas. Full compensation for the removal shall be considered in the Contract price paid for the chip seal work and no separate payment will be made therefor.
40. A.
0
B.
41.
43.
0
\
a
4
STREET LISTING FOR
e
1988-89 STREETS CHIP SEAL PROGRAM
TAMARACK AVENUE:
MARRON ROAD: El Camino Real to Highway 78
CHESTNUT AVENUE:
CARLSBAD BOULEVARD:
EL CAMINO REAL:
ELM AVENUE: El Camino Real to Tamarack Avenue
Palisades Drive to Elm Avenue
Monroe Street to Pi0 Pic0
Cement seam under Palomar Airport Road bridi
to Manzano Drive
Curb to curb from La Costa Avenue to South Ci
1 imi ts
0
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0
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., P j P
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AREA OF CHIPSEAL li-mm-rn
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SPECIFICATIONS FOR TRAFFIC STRIPES AND PAVMENJ MARKINGS FOR 1988-89 STREETS CHIP SEAL PROGRAM e
1. Standard Specifications referred to in these Specifications refer to t current edition of CALTRANS Standard Specifications and any chang thereto.
2. Painting traffic stripes (traffic 1 ines) and pavement markings (legen shall conform to Section 84-1, "General", and Section 84-3, "Paint Traffic Stripes and Pavement Markings", of the Standard Specifications 2 these Specifications.
3. Control of alignment and layout shall be the responsibility of t Contractor and subject to approval by the City Traffic Engineer. Layc for striping and the symbol of the pavement marking (legend) on resurfac roads shall be based on plans to be supplied by the Utilities 2 Maintenance Director at the Preconstruction Meeting.
4. Section 84-3.02, "Materials", of the Standard Specifications is amenc to read: Paint for traffic stripes and pavement markings shall confc to the following State Specifications:
State Paint Soeci f i cation No. 0 Rapid Dry Water Borne - White and Yellow 8010-616-30
5.
6.
Glass beads shall conform to State Specification No. 8010-515-22 (Type I
Copies of State Specifications for traffic paint and glass beads may obtained from the Transportation Laboratory, P.O. Box 19128, Sacramen CA 95819, (916) 739-2400.
7. The use of solvent borne paint shall be prohibited.
8.
9.
Thinning of paint will not be allowed.
Paint shall be tested prior to use or the manufacturer shall provide Engineer with a Certificate of Compliance in accordance with the provisi of Section 6-1.07, "Certificates of Compliance", of the Stand Specifications. Said certificate shall certify that the paint compl with the specifications and that paint manufactured to the same formulat and process has previously passed State testing. A list of manufactur that have poduced paint meeting State specifications is available I the Transportation Laboratory. (Material suppl ied by manufacturers ot than those that have manufactured approved paint will require compl testing . )
The first coat of paint for traffic striping and pavement markings st be applied after the seal coat is applied. The second coat shall completed no later than 4:OOPM the following day.
10. e
I.
11. The Contractor will not be required to paint the 3-inch wide black stri between the two 4-inch yellow stripes of a double traffic stripe.
The Contractor shall be responsible for maintaining safe traffic operati
through the work area.
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$
July 15, 1991
California Pavement Maintenance Co.
9390 Elder Creek Rd.
Sacramento, CA 95829
Re: Bond Release - Contract No. U/M-24 - 1988-89 Chip Seal Program
Per instructions from our Utilities/Maintenance Department we are releasing the followi
bond, which is enclosed so that you can return it to your surety:
Performance Bond No. B1727866
Reliance Insurance Co.
Warranty - $63,845.00 (Remaining
25% of Bond
&J* Assistant City Cle
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
e e %.
July 3,1991
TO:
FROM: Utilities & Maintenance Director
KAREN KUNDTZ, ASSISTANT CITY CLERK
RELEASE OF WARRANTY BOND, 1988-89 STREET CHIP SEAL
PROGRAM, CONTRACT NO. U/M-24
The work performed by Ddey Corporation per contract U/M-24, has been completed to tl
satisfaction of the Utilities & Maintenance Department. Therefore, please release tl
Project Warranty Bond.
questions, please contact me at ext. 4100.
PP
c: Street Maintenance Superintendent
H:\WBRARYUJM\WPDATA\MEM\MEM92011 .AD
-VyITE IT- DON'T SAY e!
To &ab&& / (29Reply e-- anted
Re: Bond Release - =e d$& - 24 /YXB-f9*+ h
From Karen Kundtz, Assistant City Clerk ONo Reply Necessary
* Y-- 6.
mw-) bond for the
*: &@, -I
Our records indicate that the
above-referenced subdivision/project is eli!ible for release.
your written authorization/approval for release. Please let me know
the status, and if release is 0.k.
d-
We need
, " P'
Thanks,
c a- Y-
AIGNER FORM NO 55032 PRlh
t
Val I t: I I - UUN' 1 SAY a!
To &ah,,&-, / BgReply e- anted
From Karen Kundtz, Assistant City Clerk UNO Reply Necessary *Y-c..l........ 4.
Re: Bond Release - -#44 - 24 /Y2Y-J? -9 -
GJ2&-) bond for the Our records indicate that the
above-referenced subdivision/project is elicible for release.
your written authorization/approval for release. Please let me know
the status, and if release is 0.k.
&-
We need
Thanks, e: g+,
PRI
Y-
AIGNER FORM NO 55032
I
.,
June 24, 1991
California Pavement Maintenance Co.
9390 Elder Creek Rd.
Sacramento, CA 95829
Re: Bond Release - Contract No. U/M-24 - Streets Chip Seal Program - 1988-89
Per instructions from our Utilities/Maintenance Department we are releasing the followi
bond, which is enclosed so that you can return it to your surety:
Labor & Materials Bond No.
B1727866, Reliance Insurance Co.
$169,137.50 &-d .N
Assistant City Clerk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
* 0 0
6
January 24, 1991
TO: KAREN KUNDTZ, ASSISTANT CITY CLERK
FROM: Utilities & Maintenance Director
RELEASE OF BOND FOR CONTRACT NO. U/M-24
The work performed by California Pavement Maintenance Company fc the 1988-89 Chip Seal Program, contract # U/M-24, has bee
completed to the satisfaction of the Utilities & Maintenanc
Department. Therefore, please release the California Pavemer
Maintenance Company Labor and Materials Bond, per contract # U/l!
24.
act me at ext. 4100
c: Street Maintenance Superintendent
* ‘WITE IT - DON’T SAY e!
I
Date fk
To ?A4 /?a&&?& a Reply Wanted
From Karen Kundtz, Assistant City Clerk , UNO Reply Necessary cy s+%-+az%. e.
Re: Bond Release - % P h/&-Jd- /ypl-d?y + - Our records indicate that the bond for the
above-referenced subdivisionlprojeit is eligible for release.
your written authorization/approval for release.
the status, and if release is 0.k.
We need
Please let me know
Thanks, g&..&; /a/&&
4u?-J Y OK/cJ== -5) y/pqP
AIGNER FORM NO 55032 &*hu&.ky PRlN
1
1 I fi I1 - 14uiv 1 SAY ! U
Date 9/6 w
To Z/L - mgReply Wanted
From Karen Kundtz, Assistant City Clerk ONo Reply Necessary -9- a-
Re: Bond Release - && &/ed.L- %-a*
Our records indicate that the
above-referenced subdivision/proj<ct is eligible for release.
your written authorization/approval for release. Please let me know
the status, and if release is 0.k.
& Q/ - bond for the
We need
Thanks, &A 4t-L AE 2?/7L7J%6
8h.S 67.
PN
Y-
AIGNER FORM NO 59232
t
July 24, 1990
California Pavement Maintenance Co.
9390 Elder Creek Rd.
Sacramento, CA 95826
Re: Bond Release - Contract No. U/M-24 - 1988-89 Streets Chip
Seal Program
The Notice of Completion for the above-referenced contract has
recorded. Therefore, we are hereby releasing 75% of the Perforrnancc
Bond. Please consider this letter as your notification that
$191,535 of Reliance Insurance Company Performance Bond No.
B1727866 is hereby released. We are required to retain the remainir
25% for a period of one year. At that time, if no claims have been
filed, it will be released.
The Labor & Materials Bond in the amount of $127,690 will be
eligible for release six months from the date of recordation of
the Notice of Completion, on December 19, 1990. A copy of the
recorded Notice of Completion is enclosed for your records.
&YCJ Assistant City Clerk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008 (619) 434-281
Recording request by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above for Recorder's US<
June 7, 1990
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation are the following described documents:
Notice of Completion
O'Gara Construction and Land Company
CT 81-50/PUD-37 - St. James Court
CMWD 83-108.6
Notice of Completion
Sixpence Inn of Carlsbad, Ltd.
PD 181/PCD 32
Notice of Completion
1988-89 Streets Chip Seal Program
Contract No. U/M-24
California Pavement Maintenance Co.
Our staff has determined that the recordation of these documents is
of benefit to the City; therefore, it is requested that the fees be
waived.
Thank you for your assistance in this matter.
&J* Assistant Cit Clerk
Encs .
1200 Carlsbad Village Drive - Carlsbad, California 92008 (619) 434-280
Recording request by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above for Recorder's us(