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HomeMy WebLinkAboutDon Hubbard Contracting Company; 1999-05-27; 3505-1ii NaV 3-03 x999 10::: Si% DIEGO CWTY ~~~~~~'~ OFFICE m 3532 D 9- a Recording requested by: 1 OFTECIhL Ern13 ) 0.00 CITY OF CARLSBAD ) 1 FEES: When recorded mail to: ) GEEWi' J. SMITH, CWWT'i' EEWRDEE 1999-0747561 City City of Clerk Carlsbad 1 ! ) ll~i~l~~~l~~l~~~ll~ll~l~l~l~~~llll~~l~li~lll 1200 Carlsbad Village Dr. Carlsbad, CA 92008 /4! ;,p NOTICE OF COMPLETION Space above this line for Recorder's I Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property 1 described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed c 1999. 6. The name of the contractor, if any, for such work of improvement is Dor Contracting Company. 7. The property on which said work of improvement was completed is in the City ol County of San Diego, State of California, and is described as the State Street S Repair, Project No. 3505-1. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drivt California, 92008; the City Council of said City on October 26 , 1999, a above described work as completed and ordered that a Notice of Completion be file( I declare under penalty of perjury that the foregoing is true and correct. Executed on November 8 , 1999, at Carlsbad, California. AMHPJL. RAUTENKRANZ City Clerk LORRAINE M. WOOD, Deputy C OPEN MARKET STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 Don Hubbard Contracting Company I 1 I. I CITY OF CARLSBAD E California San Diego County 1 3 0 rn 1 I 8 1 S OPEN MARKET CONTRACT DOCUMENTS AND SPECIAL PROVISIONS I FOR STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 2/2t 1 I 1 8' e CITY OF CARLSBAD I California San Diego County 8 1 1 io 3 t 8 1 8 OPEN MARKET CONTRACT DOCUMENTS AND SPECIAL PROVISIONS 8 FOR STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 2/2( I: I. 1 T I E E I m I I; I 8 1 8 TABLE OF CONTENTS - Item - P NOTICE INVITING BIDS ....................................................................................................... CONTRACTOR'S PROPOSAL. DES I G NATION 0 F SUBCONTRACTORS.. ............................................................................ BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ............................................... 11 BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I BIDDERS CERTIFICATE OF INSURANCE ......................................................................... I BIDDERS STATEMENT RE: DEBARMENT I E* .............................................................................................. ............................. ......................................................................... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I ...................................................................... 1 CONTRACT -- PUBLIC WORKS .......................................................................................... 1 REPRESENTATION AND CERTIFICATION ......................................................................... ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION 2 ............................................................................. SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ....................................................................... 2 11. SUPPLEMENTAL CONSTRUCTION MATERIALS PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ........................................ 4 111. SUPPLEMENTAL CONSTRUCTION METHODS PROVISIONS TO STANDARD SPEC1 FI CATION S FOR PU BLlC WORKS CONSTRUCTION L ........................................ ATTACHMENTS COPIES OF SELECTED STANDARD DRAWINGS 0 CERTIFIED UTILITY LOCATION REPORTS E i t 212 I 1 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carls Village Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 2gTH day of April, 1999 performing the work as follows: 1. I OPEN MARKET CONTRACT NO. 3505-1 The work shall be performed in strict conformity with the specifications on file with Engineering Department. The specifications for the work include the Standard SPecification Public Works Construction, 1997 Edition, and the 1998 supplement thereto, all here: designated "SSPWC as issued by the Southern California Chapter of the American Pi Works Association and as amended by the special provisions sections of this contra Reference is hereby made to the specifications for full particulars and description of the work The City of Carlsbad encourages the participation of minority and women-owned businesses The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators i contractors to utilize recycled and recyclable materials when available and where appropriate The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidc when a contractor or subcontractor has been debarred by another jurisdiction in California as irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchas f 1 1 I I 8 1 8 t 1 5 1 8 m Department. The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 6. Bidder's Statement of Technical Ability and 2. Non-Collusion Affidavit Experience 3. Designation of Subcontractors 7. Bidder's Statement re: Debarment and Amount of Subcontractors 8. Bidder's Disclosure of Discipline Record Bids 9. The Open Market Contract-Public Works 4. Certificate of Insurance IO. Purchasing Department Representation and 5. Bidder's Statement of Financial Certification Responsibility 11. Escrow Agreement for Security Deposits (optiona All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities a approximate and serve solely as a basis for the comparison of bids. The City's Estimate $1 8,005. No bid shall be accepted from a contractor who is not licensed in accordance with tl provisions of California state law. The contractor shall state their license number, expiratil date and classification in the proposal, under penalty of perjury. The following classificatio are acceptable for this contract: A, C34, C12/C42 in accordance with the provisions of stz law. A City of Carlsbad Business License is required for all contractors and sub contractors. t -1- 2/26 1 I I I 8 I 8 1 I I I 0 t s J If the Contractor intends to utilize the escrow agreement included in the contract documents lieu of the usual 10% retention from each payment, these documents must be completed E submitted with the signed contract. The escrow agreement may not be substituted at a la date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchas Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California. If plans E specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any mil irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute 1 Contract shall be those as determined by the Director of Industrial Relations pursuant to 1 Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the La1 Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. 1 Contractor to whom the Contract is awarded shall not pay less than the said specif prevailing rates of wages to all workers employed by him or her in the execution of Con tract. The Prime Contractor shall be responsible for insuring compliance with provisions of Secl 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Sublet1 and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized offic for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter I, of the Labor Code commencing with Section 1720 si apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indica in this proposal, times the unit price as submitted by the bidder. In case of a discrepal between words and figures, the words shall prevail. In case of an error in the extension c unit price, the corrected extension shall be calculated and the bids will be computed indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and tyi or written in with ink and must be initialed in ink by a person authorized to sign for Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prio bidding. Submission of bids without acknowledgment of addenda may be cause of rejectio bid. I m a r. -2- 2/21 1 I I E 1 i 8 II) It 19 I I I I I 1 II Insurance is to be placed with insurers that have (I) a rating in the most recent Best's tC Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business insurance in the State of California by the Insurance Commissioner. Auto policies offered meet the specification of this contract must: (I) meet the conditions stated above for insurance companies and (2) cover anv vehicle used in the performance of the contract, US onsite or offsite, whether owned, non-owned or hired, and whether scheduled or nc scheduled. The auto insurance certificate must state the coverage is for "any auto" i cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a comp: meeting the above standards with the exception that the Best's rating condition is waived. 1 City does accept policies issued by the State Compensation Fund meeting the requirement workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. 1 additional cost of said insurance shall be included in the bid price. The award of the contract is contingent upon the Contractor submitting the required insurar as described in the contract, within twenty days. If the contractor fails to comply with thc requirements, the City may award the contract to the second or third lowest bidder and the security may be forfieted. The prime contractor and subcontractors are required to have and maintain a valid City Carlsbad Business License for the duration of the contract. I 1 BY SUBMllTlNG A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WlLLlN TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJEC WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMllTED PROOF THAT TI- PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST E RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, C AWARD MAY BE WITHDRAWN. i. -3- 2/2( t IIE CITY OF CARLSBAD OPEN MARKET STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 CONTRACTORS PROPOSAL + I I 1 I I 5 il) I I I 3 Connect to Existing Cleanout at 1 EA !m.4 1 f City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 The undersigned declares he/she has carefully examined the location of the work, read t Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish labor, materials, equipment, transportation, and services required to do ail the work complete Open Market Contract No. 3505-1 in accordance with the Plans and Specifications the City of Carlsbad, and the Special Provisions and that he/she will take in full paymc therefor the following unit prices for each item complete, to wit: Approximate Item Quantity Unit - No. Descrbtion and Unit p&? - To' 1 Construct Type A Curb Inlet per 1 EA q&t!Q- w SDRSD D-1 (modified) at Dollars Each 2 Construct 24" R.C.P. (1350-D) 59 LF \+3Xo $555 Storm Drain at Dollars per Linear Foot Dollars Each 4 Raise Storm Drain Cleanout Frame 1EA %B." and Grate to Match Existing Grade at Dollars Each f 5 Construct 8" Thick A.C. Paving at 20 TON $AN I Dollars per Ton Bi -4- 2/2c 1 I Approximate I tem Quantity Unit No. DescriDtion and Unit - Price - Toi - 6 Construct 6" P.C.C. Curb per 35 LF ,301D 1 Q5Q" SDRSD G-I at Dollars per Linear Foot i 1 u I 1 I I I I I I 7 Construct P.C.C. Sidewalk per 50 SF &Lm 8 Furnish and Install Temporary Traffic 1 LS 4cQAD %-$M 1 SDRSD G-7 at Dollars per Square Foot Control Measures at Dollars (Lump Sum) Total amount of bid in words: Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. I. Addendum(a) No@). B\ 1"- hadhave been received and is/; included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the C will not be responsible for any error or omission on the part of the Undersigned in prepari this bid. The Undersigned agrees that in case of default in executing the required Contract w necessary [x] Bonds [applicable only if checked] and insurance polices within twenty (20) dz from the date of award of contract by the City the City may, administratively authorize t award of the contract to the second or third lowest bidder. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed do business or act in the contractor within the State of California, validly kens1 under license num classification \?T , and that this statement is true a which expires on correct and has th A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to t Business and Professions Code shall be considered nonresponsive and shall be rejected the City. ' 7028.15(e). In all contracts where federal funds are involved, no bid submitted sh be invalidated by the failure of the bidder to be licensed in accordance with California law However, at the time the contract is awarded, the contractor shall be properly licensed. Put Contract Code ' 201 04. I OPENED, WITNESSED AND RECORDU): f 26 3 1- -5- s#-94 e DATE SIGNATURE lii 1 I The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad personally interested, directly or indirectly, in this Contract, or the compensation I be paid hereunder; that no representation, oral or in writing, of the City Council, officers, agents, or employees has inducted him/her to enter into this Contra1 excepting only those contained in this form of Contract and the papers made a pz hereof by its terms; and That this bid is made without connection with any person, firm, or corporatic making a bid for the same work, and is in all respects fair and without collusion fraud. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requin every employer to be insured against liability for workers’ compensation or to undertake se insurance in accordance with the provisions of that code, and agrees to comply with su provisions before commencing the performance of the work of this Contract and continue comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article relative to the general prevailing rate of wages for each craft or type of worker needed execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 2. t I! 1 1 I 1 E Be It I I 8 II I 1 (1 ) Name under which business is conducted (2) Signature (given and bqame) of proprietor (3) Place of Business City and State \\ /- ,/ ‘I-et and Number) \ Telephone No. ‘\ (4) Zip Code (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must IF A PARTNERSHIP, SIGN HERE: made by a general partner) I (3) Place of Busine Bi -6- 2/2f - -* personally appeared CAPACITY CLAIMED BY SI OINDIVIDUAL(S) OCORPORATE OFFICER(S1 ITlTLESl OPARTNER(S) OLlMlTED OGENERA OGU ARDIANKONSERVATI SIGNER IS REPRESENTING: Witness my hand and official seal. CAPACITY CLAIMED BY SII OINDIVIDUAL(S) OCORPORATE OFFICER(SI ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. (TITLES Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S1 OLIMITED unauthorized document. OGENERAI OATTORNEY IN FACT THIS CERTIFICATE Tile or Type of Document OTRUSTEE(S) MUST BE AlTACHED OGUARDIAN!CONSERVAT( TO ME DOCUMENT Number of Pages Date of Document OOTHER. DESCRIBED AT RIGHT. Signer(s) Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entiti WOLCOTTS FORM 63240 Rev 3-94 lprice class 8-2AI ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlONrrWO FINGERPRINTS '1 994 WOLCOTTS FORMS, INC , , a i 7 ~~~~lllllllll 67775 Ill #l -. 1 IF A CORPORATION. SIGN HERE: k 1 I t I 8 E I I i I 1 I I I Impress Corporate Seal hc (3) Incorporated under the laws of the State of (4) Place of Business NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BL 1. ATTACHED List below names of president, vice president, secretary and assistant secretary, if i corporation; if a partnership, list names of all general partners, and managing partners: 8. -7- 2/26/95 1 I 1 I t I 1 I lo 1 I 1 I I 1 I 1 DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) The Contractor certifies he/she has used the sub-bids of the following listed Contractor making up hidher bid and that the sub-contractors listed will be used for the work for wI they bid, subject to the approval of the City Engineer, and in accordance with applic: provisions of the specifications and Section 4100 et seq. of the Public Contracts Cod "Subletting and Subcontracting Fair Practices Act." No changes may be made in th subcontractors except upon the prior approval of the City Engineer of the City of Carlsbi The following information is required for each sub-contractor. Additional pages can attached if required: This project does not have bid items designated as "SPECIALTY ITEMS." r. Items of Complete Address Phone No Work Full ComDanv Name with Zip Code & Area Coc ._ I I. -8- 2/21 I I 1 t 1 AMOUNT OF SUBCONTRACTORS' BIDS (To Accompany Proposal) The bidder is to provide the following information on the subbids of all the listed subcontractor! as part of the sealed bid submission. Additional pages can be attached, if required. r. Type of State Contracting Carlsbad Business Amount of Bir Full ComDanv Name License & No. License No.* I!$ or Oh) 1c. I 1 1 1 I II I i * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mus obtained prior to submission of signed Contracts. If -9- 21 Ca 1 R a 1 A *p iJ p".cai.. I 8 I 1 I 8. II 1 l I I t 1 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may submitted under separate cover marked "CONFIDENTIAL." I. P - 10- 21 * (i DON HUBBARD CONTRACTING COMPANY, INC BALANCE SHEETS September 30, 1998 ASSETS 1998 e CURRENT ASSETS Cash in bank $ 887,310 Contracts receivable 232,769 Costs and estimated earnings in excess of billings on uncompleted contracts 266,628 Inventory 825 Prepaid expenses 18,501 TOTAL CURRENT ASSETS 1,406.033 PROPERTY, PLANT AND EQUIPMENT, net of accumulated depreciation 943,507 OTHER CURRENT ASSETS Cash value of officers’ life insurance, net of poiicy loans of $305,855 i 13,213 Deposit 3.300 116,513 2,466,053 e LIABILITIES AND STOCKHOLDERS’ EQUITY CURRENT LIABILITIES Accounts payable $ 129,547 Current portion of long-term debt 173,251 Union benefits 48,121 Accrued expenses 2,531 TOTAL CURRENT LIABILITIES 353,450 LONG-TERM DEBT 478,353 Less current portion 173,251 305,102 STOCKHOLDERS’ EQUITY Common stock, without par, authorized, issued and outstanding 1,000 shares 59,000 Retained earnings 1,748,501 1,807,501 $ 2,466,053 0 F w 1 1 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in tl proposed Contract he/she has successfully performed and give references, with telephor numbers, which will enable the City to judge hidher responsibility, experience and skill. I attachment can be used. lii i C\*CX/\\ e& I I B I I II, I I 1 1 I I 'r - 11 - 2/2( I 1 .. Date Owner/Agency Type of Work Contract Completed Address & Phone Performed Amount 0 WATER MAIN 666,0( 9/94 SAN DIEGUITO WTR DIST 59 E "D" STREET REPLACEMENT ENCINITAS, CA 92024 (760) 633-2848 VICTOR GRAVES 10195 HILLMAN PROPERTIES NEW SEWER, 10,000,000 AVIARA WATER & STORM 2011 PALOMAR AIRPORT RD DRAIN CARLSBAD, CA 92009 (760) 931-1190 ext 112 CURT NOLAND 400, C 2/95 CARLTAS DEVELOPMENT COMPANY DRAINAGE 5600 AVENIDA ENCINAS, STE 100 CARLSBAD, CA 92008 (760) 431-5600 JOHN WHITE 8/95 OLIVENHAIN MUN. WATER DIST WTR PRESSURE 100, 1966 OLIVENHAIN RD REDUCING STATION ENCINITAS, CA 92024 (760) 753-6466 FRANK FONTENAZI 12/96 R.E HAZARD CONTRACTING ENCINITAS RANCH P.O. BOX 229000 SAN DIEGO, CA 92192 (61 9) 587-3600 CHARLIE WHITE a 9/97 HENSEL PHELPS CONSTRUCTION FOUR SEASONS RESOI 7100-B BLUE HERON PL CARLSBAD, CA 92009 (760) 929-2779 RICK TUCKER 5/98 SUKUT CONSTRUCTION RANCHO CARRILLO 4010 W. CHANDLER SANTA ANA, CA 92704 (71 4) 540-5351 MATT ECKLUND CITY OF OCEANSIDE DOWNTOWN UTILITY 300 NORTH COAST HIGHWAY RELOCATIONS OCEANSIDE, CA 92054 (760) 966-4747 MIKE MALONE 12/98 a II 1 1 I 1 I 1 I I I I I I E - BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to 1 page- Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation !. Statement with an insurance carrier's notarized signature stating that the carrier can, and u payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insura for Comprehensive General Liability, Employer's Liability, Automobile Liability and Worl Compensation in conformance with the requirements herein and Certificates of insurance to Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto poh offered to meet the specification of this contract a must: (1) meet the conditions stated in Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Spt Provisions for this project for each insurance company that the Contractor proposes, anc cover anv vehicle used in the performance of the contract, used onsite or offsite, whe owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurz certificate must state the coverage is for "any auto" and cannot be limited in any manner. I() t - 12- 21; 1 Cahino Del Rio North #315 iego, CA 92186-5481 Ext: :A .. . Don Hubbard Cbntracti ng Co. P.o. Box 230577 Encinitas, CA 92023 C HIRED AUTOS NON-OWNED AUTOS EACH ACCIDENT ANY AUTO LANKET FORM.30B: STATE STREET STORM DRAIN REPAIRS CONTRACT #3505-1 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEA 430 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATl CITY OF CARLSBAD OFFICE OF THE PURCHASING OFFICER 1200 CARLSBAD VILLAGE DR s’ POLICY NUMBER KZB510447\ COMMERCIAL GENERAL LIABILITY DON HUBBARD CONTRACTING CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 8 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance coverages under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGAlNlZATlON TO WHOM OR TO WHICH YOU ARE OBLIGATED BY BlRTUE OF A WRITTEN CONTRACT BY THE ISSUANCE OF EXISTENCE OF A PERMIT, TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY. (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of “your work” for that in- sured by or for you. a IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION T. OTHER INSURANCE DOES NOT APPLY, BUTY ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY. CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 $ 5-19-9s~ Y vuriv,i.~~y YT b.c11 awau lr , CtTY OF CARLSBAD SURPLUS LINE BROKER AFFiDAVTT B,,k,s Broker Name: Ur2s?\&%sw- Date: sl Is-kq 8 Address: 39353 cAI.CLtds0 A\ R,, a. S<& 3s City/Stare/Zip : SA4 b-9, c~. q~i.zz9 Project Name: S+PXGT- Stceclst sbflb~hd ReFrJ G&&*: whsu\obaA Type of Insurance: GNmZC4t C\QBIL&I %0Em *&/ I edythat weSI\&%S . 8r-k is the Broker of Record for &h&fLf b I ("Contractor'? who is required to provide insurance under the specificador of the above%ontract. I fur the^ certify that as Broker of Record for Contractor, I have contacte the insurance companies listed below, afl of whom meet: the City's requirements included j Resolution No. 9/-YO 3 and all of whom have refused to write the required policy due to tk type of risk involved. n Insurance Carrier: CNPC I-"SSwWG L-ybJy -i&* ; \x* a CI &-l.bJy && c4.4; Name of Conract: &\c N Address: \goo E5 LhhpQ ; a\ 1 Reason for Refusal: L has- h+- %cbdrh&d&bes 1) \ %a \ Date: Bests Rating A-\.x Listed by State I urance ' l Commissiona&No) Insurance Carrier: Name of Conract: Address: &vEc!! -5s. L. b-c LY%, 34Ve 3 rht4 nrto \Steak hits% %* k*nLtr\ VdL Date: 9 I.la Reason for Refusal: Q3er Qot- w-6 Lw'bq &ALb Best's Rating I?.i.t- x4 Listed by State Insurance Commissioner %No) a 5-19-99, 4 OOPM,, ~= y, 1o _--- Insurance Canier; R&-c5Lus. co . Name of Contact: VkbL Address: Date: sIsa Reason for Refusat: Ykes h-4 -+ U*t&aur:h*q &AhX C4" ct L1 5375 %ret S&A PI- sh beg+ 8 Best's Rating bX\ Listed by State g, Conaacror is requesting that the City accept Cb%\ %f\QSkW%&company who is a surphs line czrrier having an A-:V or better rating in the most recent issue of Best's Rating Guide and who has an office wih the State of California at the following address in order to effect s&ce of process. Name of Surplus Line Carrier: Commission (Yes/ a) ! Rs k SU$ c/o TiASurCwLcP Q7.J SURy\*s L\4GS;%S L. Address: 70\ b3R,D B\&. SLL;bZp3 City/S tatelzip : G\e&.&, CA- v-3 Name: ,cT CO~Qo~*A sy 54-4 Address to effect Service of Process within the State of Califomk gla QQbT ?+> 9, aN--9 FLoon- @ Address: City/State/Zip: L=!5 RQ%a\e>, LA 9 or m\7 I cedfy under penalty of pejury that the foregoing facts axe me and correct. Dated: 5 I\s \ss Signed: Broker of Record * -- 1 1 I I I B 1 II II) 8 I 1 1 I I I BIDDER'S STATEMENT RE: DEBARMENT (To Accompany Proposal) I. Have you or any of your subcontractors ever been debarred as an irresponsible bidder another jurisdiction in the State of California? 1. & no Yes 2. If yes, what wadwere the name@) of the agency(ies) and what wadwere the period(s1 debarment(s)? debarments. Attach additional copies of this page to accommodate more than party debarred party debarred agency agency period of debarment period of debarment 1 BY CONTRACTOR: 0, bJ \AQ3%ffiW rn 7 4 t-5 F\X 5Ckfi (print namehitle) t - 13- 2/ 8 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD I (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State I Board which has jurisdiction to investigate complaints against contractors if a complaint reg2 patent act or omission is filed within four years of the date of the alleged violation. A co regarding a latent act or omission pertaining to structural defects must be filed within 10 yeai date of the alleged violation. Any questions concerning a contractor may be referred Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor’s license suspended or revoked by the C Contractors’ State license Board two or more times within an eight year period? I* 1 I I I Yes no 1 2. Has the suspension or revocation of your contractors license ever been stayed? Yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever t contractor’s license suspended or revoked by the California Contractors’ State license Boai more times within an eight year period? i II) Yes no L 4. Has the suspension or revocation of the license of any subcontractor’s that you pr perform any portion of the Work ever been stayed? a Yes no I I I I I I 8 I 5. If the answer to either of I. or 3. above is yes fully identify, in each and every case, disciplined, the date of and violation that the disciplinary action pertain to, describe the nati violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) f - 14- 1 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) a 1. 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, thc who's discipline was stayed, the date of the violation that the disciplinary action pertains to, d the nature of the violation and the condition (if any) upon which the disciplinary action was si I 1 I I I I. I I I I I I 1 I (Attach additional sheets if necessary) BY CONTRACTOR: I (print namdtitle) f - 15- I 1 I I I I 1 I 1 I E I I 1 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 County of ) ) ss. t , being first duly sworn, deposes (Name of Bidder) 9- \( \ 6- R<'%V:&Q i and says that he or she is -\ (Title) of 9d W-MnQ f-p\hab jFJk ., &?> I (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf undisclosed person, partnership, company, association, organization, or corporation; that thi genuine and not collusive or sham; that the bidder has not directly or indirectly induced or s any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cor connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyor refrain from bidding; that the bidder has not in any manner, directly or indirectly, sot agreement, communication, or conference with anyone to fix the bid price of the bidder other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of ar bidder, or to secure any advantage against the public body awarding the contract of interested in the proposed contract; that all statements contained in the bid are true; and, that the bidder has not, directly or indirectly, submitted his or her bid price or any bre, thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and pay, any fee to any corporation, partnership, company association, organization, bid depos to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the f executed on the m i t pA- Subscribed and sworn to before me on the \3&h day of (NOTARY SEAL) ./ - 16- c i 1 I I I 1 1 I lsl) I I 1 i I 1 1 OPEN MARKET CONTRACT- PUBLIC WORKS ~ ,19= ' - This agreement is made this 77th day of B~~ City and Contractor agree as follows: I. Description of Work. Contractor shall perform all work specified in the Open Market Cc documents for: STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 (hereinafter called "project") Contractor shall provide all labor, materials, equipment, and personnel to perform the work specified by the Open Market C Open Market Contract Documents. The Open Market Contract Documents consist Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, F Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Agreement, the Plans and Specifications, the Special Provisions, and all proper amen and changes made thereto in accordance with this Contract or the Plans and Specific and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install tt as indicated, specified, and implied by the Open Market Contract Documents. Any it work not indicated or specified, but which are essential to the completion of the work, provided at the Contractor's expense to fulfill the intent of said documents. In all in through the life of the Contract, the City will be the interpreter of the intent of the Open Contract Documents, and the City's decision relative to said intent will be final and I: Failure of the Contractor to apprise subcontractors and materials suppliers of this con the Contract will not relieve responsibility of compliance. Payment. For all compensation for Contractor's performance of work under this Coni shall make payment to the Contractor per section 9-3 PAYMENT of the Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 su thereto, hereinafter designated "SSPWC", as issued by the Southern California Chap American Public Works Association, and as amended by the Special Provisions secti contract. The project manager will close the estimate of work completed for progress I on the last working day of each month. 2. Provisions of Labor and Materials. I Documents. 3. I 4. - 17- c R 8 5. lndeoendent Investiqation. Contractor has made an independent investigation of the jo the soil conditions at the jobsite, and all other conditions that might affect the progress I work, and is aware of those conditions. The Contract price includes payment for all worl may be done by Contractor, whether anticipated or not, in order to overcome underg conditions. Any information that may have been furnished to Contractor by City underground conditions or other job conditions is for Contractor's convenience only, an does not warrant that the conditions are as thus indicated. Contractor is satisfied with l conditions, including underground conditions and has not relied on information furnish Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenc other excavations that extend deeper than four feet below the surface Contractc promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is ha; waste, as defined in section 25117 of the Health and Safety Code, that is require removed to a Class I, Class 11, or Class 111 disposal site in accordance with provi: existing law. 6. Differinq Conditions. Subsurface or latent physical conditions at the site differing froi r. I City. 6. I 1 E 1 D I I 1 1 I 1 I indicated. C. Unknown Phvsical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recogr inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do n so differ, or do involve hazardous waste, and cause a decrease or increase in cor costs of, or the time required for, performance of any part of the work shall issue i order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the c materially differ, or involve hazardous waste, or cause a decrease or increas contractor's cost of, or time required for, performance of any part of the work, c shall not be excused from any scheduled completion date provided for by the con shall proceed with all work to be performed under the contract. Contractor shall r( and all rights provided either by contract or by law which pertain to the resc disputes and protests between the contracting parties. lmmiqration Reform and Control Act. Contractor certifies he is aware of the require] the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) I complied and will comply with these requirements, including, but not limited to, verii eligibility for employment of all agents, employees, subcontractors, and consultants included in this Contract. Prevailina Waqe. Pursuant to the California Labor Code, the director of the Depai Industrial Relations has determined the general prevailing rate of per diem v accordance with California Labor Code, Section I773 and a copy of a schedule of sail prevailing wage rates is on file in the office of the City Engineer, and is incorpc reference herein. Pursuant to California Labor Code, Section 1775, Contractor prevailing wages. Contractor shall post copies of all applicable prevailing wages o site. 1 I 7. 8. t - 18- 1 1 1 I I I 1 I Mm I I I I I I 1 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defensc indemnify and hold harmless the City, and its officers and employees, from all claims, damage, injury and liability of every kind, nature and description, directly or indirectly i from or in connection with the performance of the Contract or work; or from any fail1 alleged failure of Contractor to comply with any applicable law, rules or regulations inc those relating to safety and health; and from any and all claims, loss, damages, injui liability, howsoever the same may be caused, resulting directly or indirectly from the nai the work covered by the Contract, except for loss or damage caused by the sole or negligence or willful misconduct of the City. The expenses of defense include all cos expenses including attorneys fees for litigation, arbitration, or other dispute resolution me Contractor shall also defend and indemnify the City against any challenges to the award contract to Contractor, and Contractor will pay all costs, including defense costs for thc Defense costs include the cost of separate counsel for City, if City requests separate COI IO. Insurance. Contractor shall procure and maintain for the duration of the contract ins against claims for injuries to persons or damage to property which may arise from connection with the performance of the work hereunder by the Contractor, his 7 representatives, employees or subcontractors. Said insurance shall meet the City's PC insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMIT-: Contractor shall maintain the types of coveragt r. minimum limits indicted herein: 1. Commehensive General Liabilitv Insurance: $1,000,000 combined single limit per occurrence for bodily injury and F damage. If the policy has an aggregate limit, a separate aggregate in the a specified shall be established for the risks for which the City or its agents, off employees are additional insureds. $1,000,000 combined single limit per accident for bodily injury and property dl In addition, the auto policy must cover any vehicle used in the performanci contract, used onsite or offsite, whether owned, non-owned or hired, and scheduled or non-scheduled. The auto insurance certificate must state the c is for "any auto'' and cannot be limited in any manner. 3. Workers' Compensation and Emdoyers' Liabilitv Insurance: Workers' compensation limits as required by the Labor Code of the State of C and Employers' Liability limits of $1,000,000 per incident. Workers' comp offered by the State Compensation Insurance Fund is acceptable to the City. required under this agreement contain, or are endorsed to contain, the provisions. General Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as i insureds as respects: liability arising out of activities performed by or on beh Contractor; products and completed operations of the contractor; premise! leased, hired or borrowed by the contractor. The coverage shall contain n limitations on the scope of protection afforded to the City, its officials, empl volunteers. 2. Automobile Liabilitv Insurance: 1 (B) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of ir t - 19- 1 1 1 I 1 I II L I 1 t I I I E 1 2. The Contractor's insurance coverage shall be primary insurance as respects tht its officials, employees and volunteers. Any insurance or self-insurance maintair the City, its officials, employees or volunteers shall be in excess of the contrz insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect co! provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor's insurance shall apply separately tc insured against whom claim is made or suit is brought, except with respect limits of the insurer's liability. (C) "CLAIMS MADE" POLICIES- If the insurance is provided on a "claims made" coverage shall be maintained for a period of three years following the date of cor (D) NOTICE OF CANCELLATION-- Each insurance policy required by this agreemei be endorsed to state that coverage shall not be suspended, voided, canceled, or r( in coverage or limits except after thirty (30) days' prior written notice has been giver City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS- Any deduct self-insured retention levels must be declared to and approved by the City. At the of the City, either: the insurer shall reduce or eliminate such deductibles or self- retention levels as respects the City, its officials and employees; or the contract1 procure a bond guaranteeing payment of losses and related investigation administration and defense expenses. (F) WAIVER OF SUBROGATION- All policies of insurance required under this agr shall contain a waiver of all rights of subrogation the insurer may have or may against the City or any of its officials or employees. (G) SUBCONTRACTORS-- Contractor shall include all subcontractors as insured u policies or shall furnish separate certificates and endorsements for each subcoi Coverages for subcontractors shall be subject to all of the requirements stated her (H) ACCEPTABILITY OF INSURERS-- Insurance is to be placed with insurers thal rating in Best's Key Rating Guide of at least A-:VI and are authorized to tran business of insurance by the Insurance Commissioner under the standards specif the City Council in Resolution No. 91-403. (I) VERIFICATION OF COVERAGE-- Contractor shall furnish the City with certifi insurance and original endorsements affecting coverage required by this clau: certificates and endorsements for each insurance policy are to be signed by c authorized by that insurer to bind coverage on its behalf. The certificz endorsements are to be in forms approved by the City and are to be recei approved by the City before work commences. (J) COST OF INSURANCE-- The Cost of all insurance required under this agreerr be included in the Contractor's bid. 1. I of the work. P - 20 - I 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolc accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chap Article 1.5 (commencing with section 201 04) which are incorporated by reference. A c( Article 1.5 is included in the Special Provisions I section. The contractor shall initially sub claims over $375,000 to the City using the informal dispute resolution process descri Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions section of the contract, all claims shall comply with the Government Tort Claim Act (s 900 et seq., of the California Government Code) for any claim or cause of action for mo damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submittec City must be asserted as part of the contract process as set forth in this agreem not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the may be considered fraud and the Contractor may be subject to criminal prosecutior (C) Government Code. Contractor acknowledges that California Government Code t 12650 et seq., the False Claims Act, provides for civil penalties where a person kr submits a false claim to a public entity. These provisions include false claims m; deliberate ignorance of the false information or in reckless disregard of the truth ( of the information. (D) Penaltv Recoverv. If the City of Carlsbad seeks to recover penalties pursuant to tt Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing o claim may subject the Contractor to an administrative debarment proceeding whr Contractor may be prevented from further bidding on public contracts for a period five years. (F) Carlsbad Municbal Code. The provisions of Carlsbad Municipal Code sections f 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated t reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that deba another jurisdiction is grounds for the City of Carlsbad to disqualify the Cont subcontractor from participating in future contract bidding. ;. I E I I 1 Io 1 I 0 1 I I i I have read and understand all provisions of Section 1 I above. 12. Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and juris( for resolution of any disputes between the parties arising out of this agreement is San County, California. 13. Maintenance of Records. Contractor shall maintain and make available at no cost to upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's place of business as specified above, Contractor shall so inform the City by certif accompanying the return of this Contract. Contractor shall notify the City by certifie any change of address of such records. i -21 - B B 14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectior of the Labor Code are incorporated herein by reference. 15. Securitv. Securities in the form of cash, cashier's check, or certified check may be sub! for any monies withheld by the City to secure performance of this contract for any ob1 established by this contract. Any other security that is mutually agreed to by the Cor and the City may be substituted for monies withheld to ensure performance und Contract. 16. Provisions Reauired bv Law Deemed Inserted. Each and every provision of law and required by law to be inserted in this Contract shall be deemed to be inserted hert included herein, and if, through mistake or otherwise, any such provision is not inserte not correctly inserted, then upon application of either party, the Contract shall forth\ physically amended to make such insertion or correction. ;. I I 1 1 1 I I. ::: D 1 1 1 1 i ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .I. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... t -22- 1 \\ fl i 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "G 1 ? ATTACHED Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU: (CORPORATE SEAL) 1 I I 1 1 1 Io 1 I I I 1 1 t 1 CONTRACTOR: CITY OF CARLSBAD a municipal corpor the State of California President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporation must attach a resolution certified by the secretary or secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL r - 23 - t * RIGHT THUMBPRINT (Optioi CAPACITY CLAIMED BY SlGl OINDIVIDUAL(SL OCORPORATE OFFICERIS) (TITLES) 0 PARTNERE) 0 LIMITED OGENERAL OGUARDIANICONSERVATO SIGNER IS REPRESENTING: RIGHT THUMBPRINT (Opl itness my hand and official seal. CAPACITY CLAIMED BY SI OINDIVIDUALIS) OCORPORATE OFFICER(S1 ATTENTION NOTARY ITITLE The information requested below and in the column to the right IS OPTIONAL. Recording of this document IS not required by law and IS also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. OPARTNERIS) OLlMlTEO OGENERi OATTORNEY IN FACT OTRUSTEE(S) MIS CERTIFICATE MUST BE ATTACHED OGUARDIAN/CONSERVA TO ME DOCUMENT DESCRISED AT RIGHT. Title or Type of Document Date of Document OOTHER Number of Pages Signerls) Other Than Named Above SIGNER IS REPRESENTINC (Name of Person(s) or Enti WOLCOTTS FORM 63240 Rev 3-94 {price class 8-2A) ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlONnWO FINGERPRINTS 81SS4 WOLCOTTS FORMS, INC * 7 ~~~~lllllllll 67771 4 J 1 I 1 1 1 1 u I I 8 I 1 I I II CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed and returned to City of Carls part of the bid package. REPRESENTATIONS: Mark all applicable blanks. Are you currently c N ownership, operation and control of the business, in accordance with the specific definitions listed below Is: lii This offeror represents as part of this offer that the YES Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(S1: Mark all applicable blanks. This offeror repres part of this offer that: This firm is-, is notx a minority businer This firm is-, is notL a woman-owned t WOMAN-OWNED BUSINESS: A woman-ov ness is a business of which at least 51 owned, controlled and operated by a woman I Controlled is defined as exercising the powe policy decisions. Operation is defined a involved in the day-to-day management. DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTtoN CoNTRACToR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS leD. No. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTl FlCATlON : The information furnished is certified to be factual and correct as of the date submitted. CLASSIFICATIoN(S): LlCENSE NUMBER: 3QJ L\k)W% @~q;$JmLL Lt F? i' 3 c&- 0577 E&LATa {@.-4T. i& COMPANY NAME v CITY, STATE AND ZIP TELEPHONE NUMBER DATE -( b-753- 3 \ 3-67 P - 24 - I 1 1 I I 1 1 Io D I II i I I OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whl address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C and whose addr is hereina called "Contractor" and whl address is hereina ca I led "Escrow Agent . " For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree Pursuant to Section 22300 of the Public Contract Code of the State of California, contractor has the option to deposit securities with the Escrow Agent as a substitute retention earnings required to be withheld by the City pursuant to the Construc Contract entered into between the City and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of contractor, the City shall make payments of the retention earnings directly to the esc agent. When the Contractor deposits the securities as a substitute for Contract earnii the Escrow Agent shall notify the City within 10 days of the deposit. The market valu the securities at the time of the substitution shall be a least equal to the cash amount 1 required to be withheld as retention under the terms of the contract between the City Contractor. Securities shall be held in the name of the and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which othen would be withheld from progress payments pursuant to the Contract provisions, provi that the Escrow Agent holds securities in the form and amount specified above. When the City makes payment of retentions earned directly to the escrow agent, escrow agent shall hold them for the benefit of the contractor until such time as escrow created under this contract is terminated. The contractor may direct investment of the payments into securities. All terms and conditions of this agreer and the rights and responsibilities of the parties shall be equally applicable and bin when the City pays the escrow agent directly. The contractor shall be responsible for paying all fees for the expenses incurred b) Escrow Agent in administering the Escrow Account and all expenses of the City. TI expenses and payment terms shall be determined by the City, Contractor and Esl Agent. The interest earned on the securities or the money market accounts held in escrow ar interest earned on that interest shall be for the sole account of Contractor and sha subject to withdrawal by Contractor at any time and from time to time without notice tc 1. I follows: 1. 3. 4. 5. I City. P - 25 - 21: i 1 1 i i I 1 I Io I I I I I I 6. Contractor shall have the right to withdraw all or any part of the principal in the Esci Account only by written notice to Escrow Agent accompanied by written authorization fr City to the Escrow Agent that City consents to the withdrawal of the amount sought to withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default by Contractor. Upon seven days' written notice to the Escrow Agent from the City of default, the Escrow Agent shall immediately convert the securities to cash and s~ distribute the cash as instructed by the City. Upon receipt of written notification from the City certifying that the Contract is final i complete and that the Contractor has complied with all requirements and procedu applicable to the Contract, the Escrow Agent shall release to Contractor all securities i interest on deposit less escrow fees and charges of the Escrow Account. The esci shall be closed immediately upon disbursement of all moneys and securities on dep and payments of fees and charges. The Escrow Agent shall rely on the written notifications from the City and the contra pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contra shall hold Escrow Agent harmless from Escrow Agent's release, conversion disbursement of the securities and interest as set forth above. 7. lii 8. 9. 1 10. The names of the persons who are authorized to give written notices or to receive wri notice on behalf of the City and on behalf of Contractor in connection with the forego and exemplars of their respective signatures are as follows: For City: Title Name Signature Address For Contractor: Tit le Name Signature I Address For Escrow Agent: Title Name Signature 1 Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Esc Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer the date first set forth above. F -26- 21; 1 For City: Title Name Signature Address For Contractor: Title i Name Signature 1 i 8 1 lo I I I 1 i I i 1 1 Address For Escrow Agent: Title Name Signature 1 Address P - 27 - 2c I 1 i I I I 1 i I I I 1 I I SPECIAL PROVISIONS FOR STATE STREET STORM DRAIN REPAIR CONTRACT NO. 3505-1 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCl I. PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYME 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scl or words of similar import are used, it shall be understood that reference is made to I accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar ir used, it shall be understood that the direction, designation or selection of the Engineer is unless stated otherwise. The word "required" and words of similar import shall be unde mean "as required to properly complete the work as required and as approved by the E unless stated otherwise. b Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", words of similar import are used, it shall be understood such words are followed by the e "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", 'I; "acceptance", or words of similar import are used, it shall be understood that the acceptance, or similar import of the Engineer is intended. Add the following section: 14.4 Perform. The word "perform" shall be understood to mean that the Contrad expense, shall perform all operations, labor, tools and equipment, and further, inch furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and reac including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representath Dispute Board - persons designated by the City Manager to hear and advise the City M claims submitted by the Contractor. The City Manager is the last appeal level for inforrr resolution. i - 28 - I I I 1 I I Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. ’ Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ai directed, supervised and paid by the Contractor to accomplish the completion of the Work. such employees have their employment taxes, State disability insurance payments, Si Federal income taxes paid and administered, as applicable, by the Contractor. When Section 2-3.1 ”own organization” means construction equipment that the Contractor owns c and uses to accomplish the Work. Equipment that is owner operated or leased equipmen operator is not part of the Contractor‘s Own Organization and will not be included for the pi compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator who is employed by neither the Contractor nor a subcontractor and is neither an agent or E of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of a Project Inspector - the Engineer’s designated representative for inspection, contract admi and first level for informal dispute resolution. Senior Inspector - the Project Inspector’s immediate supervisor and first level of ai @ ’ I I informal dispute resolution. 1 b informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. I 1 I I I I 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions the Contractor to complete 50 percent of the contract price with its own organization, thi may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 F the value of the work performed in excess of 50 percent of the contract price by other Contractor’s own organization. The City Council shall be the sole body for determina violation of these provisions. In any proceedings under this section, the prime contract0 entitled to a public hearing before the City Council and shall be notified ten (10) days in ac the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first I having to do with a surety being listed in the latest revision of U.S. Department of Treasui 570. i. - 29 - I I Modify Paragraphs three and four to read: The Contractor shall provide a performance/warranty bond and payment bond (labor and materials bond) for this contrac faithful performance/warranty bond shall be in the amount of 100 percent of the contract pi the payment bond shall be in the amount of 50 percent of the contract price. Both boni extend in full force and effect and be retained by the Agency during this project until t released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount after recordation of the Notice of Completion and will remain in full force and effect for the c warranty period and until all warranty repairs are completed to the satisfaction of the Engine1 The payment bond shall be released six months plus 30 days after recordation of the h Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admi' authorized to transact the business of insurance in California and whose assets exec liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to co following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the ir commissioner. + 1 I 1 I I I I 1 I I I 1 If the bid is accepted, the Agency may require a financial statement of the assets and lia' the insurer at the end of the quarter calendar year prior to 30 days next preceding the da execution of the bond. The financial statement shall be made by an officer's certificate as c Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staten be verified by the oath of the principal officer or manager residing within the United States. b 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the q Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 su thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapt American Public Works Association, and as amended by the Special Provisions sectic con tract. The construction plans consist of two (2) sheets and are designated as City of Carlsbad No. 376-5. The standard drawings used for this project are the latest edition of the San Di Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Dieg Department of Public Works, together with the City of Carlsbad Supplemental Standard D Copies of some of the pertinent standard drawings are enclosed as an appendix to thes Provisions. 1. -30- I I 2-5.3.3 Submittals, add the following: When submitted for the Engineer's revie\ Drawings shall bear the Contractor's certification that he has reviewed, checked, and apprc Shop Drawings and that they are in conformance with the requirements of the Contract Doc The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that p to be incorporated into this Project, is in compliance with the Contract Documents, can be in the allocated spaces, and is submitted for approval. By: Title: ;. 1 I I I I I D 1 I 1 1 I Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete record set of blue-line prints, which shall be corrected in red daily and show every change original drawings and specifications and the exact "as-built" locations, sizes and kinds of eq underground piping, valves, and all other work not visible at surface grade. Prints for this may be obtained from the Agency at cost. This set of drawings shall be kept on the job anc used only as a record set and shall be delivered to the Engineer upon completion of th Payment for performing the work required by section 2-5.4 shall be included in various bid ii no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER b Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all recorc Contractor's or subcontractor's possession pertaining to the work that the Engineer may re( Add the following section: 2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make availabll Engineer, within San Diego County, accurate books and accounting records relative activities. The Engineer shall have the right to monitor, assess, and evaluate Co performance pursuant to this Agreement, said monitoring, assessments, and evaluations tc but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and i of Contractor's staff. At any time during normal business hours and as often as the Engi deem necessary, upon reasonable advance notice, Contractor shall make available to the for examination, all of its records with respect to all matters covered by this Contract and \I the Engineer to audit, examine, copy and make excerpts or transcripts from such data anc and to make audits of all invoices, materials, payrolls, records of personnel, and other dat to all matters covered by this Contract. However, any such activities shall be carried manner so as to not unreasonably interfere with Contractor's ongoing business o Contractor shall maintain such data and records for as long as may be required by applic and regulations. 1. -31 - 1 I 1 I I 1 1 I I 1 1 0 I I SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrf minor Bid Item, the use of this basis for the adjustment of payment will be limited to that r the change, which together will all previous changes to that item is not in excess of 25 perct total cost of such item based on the original quantity and Contract Unit Price. Adjust1 excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3 Work. 3-3.2.2 ( c ) Tool and Equipment Rental, Rega ownership, the rates and right-of-way delay factors to be used in determining rental and de shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAI current at the time of the actual use of the tool or equipment. The right-of-way delay facto1 shall be used as multipliers of the rental rates for determining the value of costs for del Contractor and subcontractors, if any, The labor rates published therein are not a pa contract . 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSI replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractc and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials 15 3) Equipment Rental ................... 15 b 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perforr Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractc cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted port extra work and a markup of 5 percent on work added in excess of $5,000 of the subc portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Pa extra work will not be made until such time that the Contractor submits completed daily re all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete I five (5), and add the following: The Contractor shall not be entitled to the payment of any compensation for any act, or failure to act, by the Engineer, including failure or refusal change order, or for the happening of any event, thing, occurrence, or other cause, unle: have first given the Engineer due written notice of potential claim as hereinafter E Compliance with this section shall not be required as a prerequisite to notice provisions 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measi errors of computation as to contract quantities. The written notice of potential claim fo P second paragraph, modify as follows: ............................. add the following after the second sentence: I ;. - 32 - I I I I I 1 I I I, 1 I I I I conditions shall be submitted by the Contractor to the Engineer upon their discovery and pril time that the Contractor performs the work giving rise to the potential claim. The Contractor to give written notice of potential claim for changed conditions to the agency upon their d and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a descriptior particular circumstances giving rise to the potential claim, the reasons for which the Cc believes additional compensation may be due and nature of any and all costs involved v working days of the date of service of the written notice of potential claim for changed cor Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Cla Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the ( False Claims Act, Government Code sections 12650-1 2655. The undersigned further und and agrees that this potential claim, unless resolved, must be restated as a claim in respon City’s proposed final estimate in order for it to be further considered.” The Contractor’s estimate of costs may be updated when actual costs are known. The Ci shall submit substantiation of its actual costs to the Engineer within 20 working days affected work is completed. Failure to do so shall be sufficient cause for denial of a subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by the contract be brought to the attention of the Engineer at the earliest possible time in o such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written potential claim prior to commencing any disputed work. Failure to give said notice shall co waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding wit resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the c shall attempt to resolve all disputes informally through the following dispute resolution command: -1 @ ’ 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer I 5. City Manager The Contractor shall submit a complete report within 20 working days after completic disputed work stating its position on the claim, the contractual basis for the claim, alon documentation supporting the costs and all other evidentiary materials. At each level o appeal of claim the City will, within IO working days of receipt of said claim or appeal review the Contractor’s report and respond with a position, request additional information ( that the Contractor meet and present its report. When additional information or a n requested the City will provide its position within 10 working days of receipt of said information or Contractor’s presentation of its report. The Contractor may appeal ea position up to the City Manager after which he may proceed under the provisions of 1 Contract Code. 1. - 33 - I 1 1 1 I I I I 1 II, I 1 1 I I I The authority within the dispute resolution chain of command is limited to recomme resolution to a claim to the City Manager. Actual approval of the claim is subject to the chan provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance 1 procedures in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (commenc Section 20104) which is set forth below: P ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tl dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contract public agency when the public agency has elected to resolve any disputes pursuant to A (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Codc that "public work" does not include any work or improvement contracted for by the stal Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa money or damages arising from work done by, or on behalf of, the contractor pursuai contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or spec for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate t Claims must be filed on or before the date of final payment. Nothing in this subdivision is in extend the time limit or supersede notice requirements otherwise provided by contract for of claims . (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall rc writing to any written claim within 45 days of receipt of the claim, or may request, in writii 30 days of receipt of the claim, any additional documentation supporting the claim or r defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursu; subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sut the claimant within 15 days after receipt of the further documentation or within a period c greater than that taken by the claimant in producing the additional information, whichever is (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three seventy-five thousand dollars ($375,000), the local agency shall respond in writing to claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of the claim, any additional documentation supporting the claim or relating to defenses to the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursu subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be su the claimant within 30 days after receipt of the further documentation, or within a period 1 greater than that taken by the claimant in producing the additional information or documentation, whichever is greater. ;. - 34 - 1 I (d) If the claimant disputes the local agency's written response, or the local agency fails to within the time prescribed, the claimant may so notify the local agency, in writing, either \n days of receipt of the local agency's response or within 15 days of the local agency's fi respond within the time prescribed, respectively, and demand an informal conference to TT confer for settlement of the issues in dispute. Upon a demand, the local agency shall sct meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in disp claimant may file a claim as provided in Chapter I (commencing with Section 900) and C' (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cc purposes of those provisions, the running of the period of time within which a claim must shall be tolled from the time the claimant submits his or her written claim pursuant to subdii until the time that claim is denied as a result of the meet and confer process, including any I time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor construed to change the time periods for filing tort claims or actions specified by CI (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claim to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, shall submit the matter to nonbinding mediation unless waived by mutual stipulation of bot1 The mediation process shall provide for the selection within 15 days by both part disinterested third person as mediator, shall be commenced within 30 days of the subm shall be concluded within 15 days from the commencement of the mediation unles! requirement is extended upon a good cause showing to the court or by stipulation of both I the parties fail to select a mediator within the 15-day period, any party may petition the (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration PL Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil P notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 ( (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil pi shall apply to any proceeding brought under the subdivision consistent with the rules per judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators i for purposes of this article shall be experienced in construction law, and, upon stipulati parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of I: exceed their customary rate, and such fees and expenses shall be paid equally by thc except in the case of arbitration where the arbitrator, for good cause, determines a differer In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of thc Civil Procedure, any party who after receiving an arbitration award requests a trial de novc not obtain a more favorable judgment shall, in addition to payment of costs and fees L chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mr 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is u except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the le< any arbitration award or judgment. The interest shall begin to accrue on the date the suit i court of law. i 1 1 I I I I I I 1 1 I 1 b appoint the mediator. arbitration process. i - 35 - I 1 R B 1 II I I I I t 1 1 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free ar access to any and all parts of work at any time. Contractor shall furnish Engineer wit information as may be necessary to keep the Engineer fully informed regarding progre manner of work and character of materials. Inspection or testing of the whole or any portio1 work or materials incorporated in the work shall not relieve Contractor from any obligation this Contract. 4-1.4 Test of Materials, add the following: Except as specified in these Special Provisi Agency will bear the cost of testing materials and/or workmanship where the results of si meet or exceed the requirements indicated in the Standard Specifications and the Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approve before the delivery is started. All materials proposed for use may be inspected or tested at during their preparation and use. If, after incorporating such materials into the Work, it is fc sources of supply that have been approved do not furnish a uniform product, or if the proc any source proves unacceptable at any time, the Contractor shall furnish approved mate other approved sources. If any product proves unacceptable after improper storage, handli any other reason it shall be rejected, not incorporated into the work and shall be removed project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or ex requirements of the specifications shall be borne by the Agency. Said tests may be mac place along the work as deemed necessary by the Engineer. The costs of any rete!: necessary by noncompliance with the specifications shall be borne by the Contractor. 44.6 Trade names or Equals, add the following: The Contractor is responsible satisfactory performance of substituted items. If, in the sole opinion of the Engin1 substitution is determined to be unsatisfactory in performance, durability, compatibi associated items, availability of repair parts and suitability of application the Contrac remove the substituted item and replace it with the originally specified item at no COI Agency. ? I II) u SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, bb of known records, endeavored to locate and indicate on the Plans, all utilities which exist limits of the work. However, the accuracy and/or completeness of the nature, size and/or I utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor c the failure of other parties to relocate utilities that interfere with the construction, the C upon request to the Engineer, may be permitted to temporarily omit the portion of work a the utility. Such omission shall be for the Contractor’s convenience and no additional com will be allowed therefor. The portion thus omitted shall be constructed by the C immediately following the relocation of the utility involved unless otherwise directed by the ‘r -36- 1 1 SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsecl and substitute the following: The Contractor shall begin work within ten (IO) calendar da! receipt of the "Notice to Proceed". Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's prel revision and maintenance of the Construction Schedule are incidental to the work and no ! payment will be made therefor. 1. 1 1 I: I I 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall providc notice to the Engineer within two hours of the beginning of any period that the Contractor ha any workers or equipment on standby for any reason that the Contractor has determinc caused by the Agency or by any organization that the Agency may otherwise be obligated Contractor shall provide continuing daily written notice to the Engineer, each work throughout the duration of such period of delay. The initial and continuing written notic include the classification of each workman and supervisor and the make and model of each equipment placed on standby, the cumulative duration of the standby, the Contractor's o the cause of the delay and a cogent explanation of why the Contractor could not avoid the reasonable means. Should the Contractor fail to provide the notice(s) required by this se Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefc 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec work to completion within fifteen (15) working days after the starting date specified in the I\ Proceed. 6-7.2 Working Day. Unless otherwise approved in writing by the I the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Monday: The Contractor shall obtain the written approv, Engineer if the Contractor desires to work outside said hours or at any time during weekenl holidays. This written permission must be obtained at least 48 hours prior to such w Engineer may approve work outside the hours and/or days stated herein when, in his opinion, such work conducted by the Contractor is beneficial to the best interests of the Agc Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warrantec (1) year after recordation of a "Notice of Completion'' and any faulty work or materials di: during the warranty period shall be repaired or replaced by the Contractor, at its expense. five percent of the faithful performance bond shall be retained as a warranty bond for the warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first of the second paragraph and add the following: For each consecutive calendar day in the time specified for completion of Work, as adjusted in accordance with 6-6, the Contr: pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500). 1 b Add the following: % Fridays, excluding Agency holidays. I I 1 I 1 I i - 37 - I 1 Execution of the Contract shall constitute agreement by the Agency and Contractor $500 PE the minimum value of costs and actual damages caused by the Contractor to complete tt within the allotted time. Any progress payments made after the specified completion date z constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR i 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insu have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc conduct business in the state of California and are listed in the official publication of the Del of Insurance of the State of California. 74 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance placed with insurers that are admitted and authorized to conduct business in the state of C and are listed in the official publication of the Department of Insurance of the State of CE Policies issued by the State Compensation Fund meet the requirement for workers' comp i ns uran ce . 7-5 PERMITS. Except as specified herein the ag obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building necessary to perform work for this contract on Agency property, in streets, highways (excc highway right-of-way), railways or other rights-of-way. Contractor shall not begin work permits incidental to the work are obtained. The Contractor shall obtain and pay for all PE the disposal of all materials removed from the project. The cost of said permit(s) shall be in the price bid for the appropriate bid item and no additional compensation will be allowed t 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility c( during the relocation or construction of their lines. The Contractor may be granted a time t if, in the opinion of the Engineer, a delay is caused by the utility company. No i compensation will be made to the Contractor for any such delay. I I 1 1 1 B I l I 1 1 I Modify the first sentence to read: Ir) 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requir shall also be executed on weekends and other non-working days when needed to pre health safety or welfare of the public. The Contractor shall conduct effective cleanup control throughout the duration of the Contract. The Engineer may require increased cleanup and dust control that, in his/her sole discretion, are necessary to preserve the hea and welfare of the public. Cleanup and dust control shall be considered incidental to tht work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shal construction meter for water used for the construction, plant establishment, maintenance testing and all other work requiring water related to this contract. The Contractor shall cc appropriate water agency for requirements. i -38- I I The Contractor shall pay all costs of temporary light, power and water including hookup, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be COI incidental to the items of work that they are associated with and no additional payment will t therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be e with mufflers in good repair when in use on the project with special attention to the City Noise Ordinance, Carlsbad Municipal Code Chapter 8.48. i I 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add the following immediately before the last paragraph: Cont prepare a traffic control plan and submit to the City for approval. Contractor to maintain traffic on streets at all times during construction. Contractor to cover trenches at the end work day with steel plate bridging or trench plate to allow full two-way traffic without cros centerline of the street. 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls st accordance with Chapter 5 of the California Department of Transportation "Manual c Controls," 1996 edition and these Special Provisions. If any component in the traffic control I displaced, or ceases to operate or function as specified, from any cause, during the progre work, the Contractor shall immediately repair said component to its original condition or rep1 component and shall restore the component to its original location. In the event that the Ci fails to install andlor maintain barricades or such other traffic signs, markings, delineation 01 as may be required herein, the Engineer may, at hidher sole option, install the traff markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per traffic sign or device, or the actual cost of providing such traffic control facility, whichev greater. Add the following section: 7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices in: placed to provide traffic control, direction and/or warning shall be furnished, installed, mainta removed by the Contractor when no longer required. Care shall be used in performing exca\ signs in order to protect underground facilities. Warning and advisory signs that remain overnight shall be stationary mounted signs. Stationary signs that warn of non-existent ci shall be removed from the travelled way or shielded from the view of the travelling public dui periods that their message does not pertain to existing conditions. All excavation required stationary construction area signs shall be performed by hand methods without the use equipment. Warning and advisory signs that are used only during working hours may be signs. Portable signs shall be removed from the travelled way and shielded from the vi( travelling public during non-working hours. During the hours of darkness, as defined in Division I, Section 280, of the California Vehic portable signs shall be illuminated or, at the option of the Contractor, shall be in conform; the provisions in Section 12-3.068, "Portable Signs", of the CALTRANS Standard Specific Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized shc aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrc sheeting signs; or equal. I I I i 1 1 I IC I I I) I i - 39 - I I Stationary mounted signs used for traffic control during construction of the Work shall be ins1 on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same rr shown on CALTRANS Standard Plans RS I, RS 2, RS 3 and RS 4 for installation of roadsid except as follows: (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at le; 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting star or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall nc made in the standards to support the sign. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 5( 2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for eac square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard f 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section "Reflective Sheeting Aluminum Signs", and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axi diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless c specified. (b) Frames shall be constructed in accordance with "Framing Details for Sheet Aluminur Sheets I through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality. Each portable sign shall consist of a base, standard or framework and a sign panel. The i be capable of being delivered to the site of use and placed in immediate operation. Sign F portable signs shall conform to the requirements of sign panels for stationary mounted sigr 7, "Reflective Sheeting Aluminum Signs", or shall be Type IV reflective sheeting, cotton d flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used d hours of darkness. Size, color, and legend requirements for portable signs shall be as des stationary mounted sign panels in Section 206-7, "Reflective Sheeting Aluminum Sigr height to the bottom of the sign panel above the edge of traveled way shall be at least 0 parts of the sign standard or framework shall be finished with 2 applications of an orang which will match the color of the sign panel background. Testing of paint will not be re( portable signs are displaced or overturned, from any cause, during the progress of the Contractor shall immediately replace the signs in their original locations. Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC "Public Coi and Safety." Nothing in these Special Provisions shall be construed as relieving the Contri its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than delineators are used during the hours of darkness, they shall be affixed or covered with cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeve: I I 1 1 I 1 I II) I 1 1 I I I seven (7) inches long. i -40- I 1 The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment wi (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be ml from the closest approach of any part of the equipment as it is operated and/or manew performing the work. This requirement may be waived when the Engineer has given authorization to the reduction in clearance that is specific to the time, duration and location waiver or for the work of installing, maintaining and removing traffic control devices. As a c of such waiver the Engineer may require the Contractor to detour traffic, adjust the widi realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor's employees shall not be parked within the travelc including any section closed to public traffic. Whenever vehicles or equipment are parkec shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresce cones or portable delineators placed on a taper in advance of the parked vehicles or equipn- along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be moun telescoping flag tree with flags. The flag tree shall be placed where directed by the Engir construction traffic control devices shall be maintained in good order and according to throughout the duration of work. During the entire construction, a minimum of two paw lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each dir travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists o traffic lanes in accordance with the CALTRANS "Manual of Traffic Control", 1996 edi provisions under "Maintaining Traffic" elsewhere in these Special Provisions. The provisior section will not relieve the Contractor from its responsibility to provide such additional device such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffi system, except portable delineators placed along open trenches or excavation adjacei traveled way, shall be removed from the traveled way and shoulder at the end work peric Contractor so elects, said components may be stored at selected central locations, approvt Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During tra operations, traffic shall be controlled with lane closures, as provided for under "Traffic System for Lane Closure" of these Special Provisions or by use of an alternative traffic COI proposed by the Contractor and approved by the Engineer. The Contractor shall not st striping operations using an alternative plan until he has submitted its plan to the Engineer received the Engineer's written approval of said plan. Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be 1 placed, maintained and removed in accordance with the minimum standards specified in ( of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the wor obliteration of pavement delineation, temporary or permanent pavement delineation shall b prior to opening the traveled way to public traffic. Lane line or centerline pavement deline: be provided at all times for traveled ways open to public traffic. All work n i I 1 I 0 1 i I 1 I 1 I I E 1 b ? -41 - I including any required lines or marks, to establish the alignment of temporary pavement deli shall be performed by the Contractor. When temporary pavement delineation is removed, i and marks used to establish the alignment of the temporary pavement delineation shall be re by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose n Temporary pavement delineation shall not be applied over existing pavement delineation ( temporary pavement delineation. Temporary pavement delineation shall be maintaint superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Enginc temporary pavement delineation conflicts with the permanent pavement delineation or witt traffic pattern for the area and is no longer required for the direction of public traffic. temporary pavement delineation is required to be removed, all lines and marks used to E the alignment of the temporary pavement delineation shall be removed. The Contractor shall provide traffic control at the contract lump sum price bid. The contr: sum price paid for "traffic control" shall include full compensation for furnishing all labor (i flagging costs), materials (including signs), tools, equipment and incidentals, and for doin! work involved in preparation, reproduction and changing of traffic control plans, placing, traffic stripes and pavement markers with bituminous adhesive, removing, storing, mai moving to new locations, replacing, and disposing of the components of the traffic control SI shown on the plans and approved additions and modifications, as specified in these provisions, and as directed by the Engineer. Flagging costs will be paid for as a part of tl Sum Amount for "Traffic Control." When included as a bid item the cost of labor and ma portable concrete barriers will be paid for at the price bid. When there is no bid item tht labor and material for portable concrete barriers they will be paid as an incidental to the wc performed and no additional payment will be made therefor. Progress payment for "Traffic will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all n precautions for the safety of employees on the work and shall comply with all applicable p of Federal, State and Municipal safety laws and building codes to prevent accidents or persons on, about, or adjacent to the premises where the work is being performed. The C shall erect and properly maintain at all times, as required by the conditions and progre work, all necessary safeguards for the protection of workers and public, and shall use dan warning against hazards created by such features of construction as protruding nails, hc holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect include Chapter 11.06. Excavation and Grading. If this notice specifies locations or materials, such as borrow pits or gravel beds, for use in the proposed construction proj would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the 1 established pursuant to Section 1601 et seq. of the Fish and Game Code shall become 1 of the contract. i I 1 I I 1 I I 8 I I I; I b ;. -42- I I SECTION 9 - MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mor Engineer will make an approximate measurement of the work performed to the closure c basis for making monthly progress payments. The estimated value will be based on contri prices, completed change order work and as provided for in Section 9-2 of the St Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend: after the closure date. Five (5) working days following the closure date, the Enginee complete the detailed progress pay estimate and submit it to the Contractor for his inform Should the Contractor assert that additional payment is due, the Contractor shall within tt days of receipt of the progress estimate, submit a supplemental payment request to the Er with adequate justification supporting the amount of supplemental payment request. Upon of the supplemental payment request, the Engineer shall, as soon as practicable after determine whether the supplemental payment request is a proper payment request. Engineer determines that the supplemental payment request is not proper, then the reque be returned to the Contractor as soon as practicable, but not later than seven (7) days after The returned request shall be accompanied by a document setting forth in writing the reasc the supplemental payment request was not proper. In conformance with Public Contrac Section 20104.50, the City shall make payments within thirty (30) days after receip undisputed and properly submitted supplemental payment request from the Contractor. If 1: of the undisputed supplemental payment request is not made within thirty (30) days after re the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate : in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agen retain 10 percent of such estimated value of the work done and 10 percent of the value of IT so estimated to have been furnished and delivered and unused or furnished and st aforesaid as part security for the fulfillment of the contract by the Contractor, except tha time after 20 percent of the work has been completed, if the Engineer finds that sati progress is being made, the Agency may reduce the total amount being retained from I pursuant to the above requirements to 5 percent of the total estimated value of said w materials and may also reduce the amount retained from any of the remaining partial payr 5 percent of the estimated value of such work and materials. In addition, on any partial i made after 95 percent of the work has been completed, the Agency may reduce the withheld from payment pursuant to the requirements of this Section to such lesser amoun Engineer determines is adequate security for the fulfillment of the balance of the work a requirements of the contract, but in no event will said amount be reduced to less than 125 of the estimated value of the work yet to be completed as determined by the Enginee reduction will only be made upon the written request of the Contractor and shall be app writing by the surety on the Performance Bond and by the surety on the Payment Bo1 approval of the surety shall be submitted to the Engineer; the signature of the person exec approval for the surety shall be properly acknowledged and the power of attorney author' to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspt Engineer will make a Final Payment Estimate and process a corresponding payment. Thi! will be in writing and shall be for the total amount owed the Contractor as determini Engineer and shall be itemized by the contract bid item and change order item with quai payment amounts and shall show all deductions made or to be made for prior payn amounts to be deducted under provisions of the contract. All prior estimates and progress shall be subject to correction in the Final Payment Estimate. i I I 1 I 1 1 L) I 1 B I I I i -43- I II 1 I I I I 1 1 1 8 1: E I The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate tc written statement disputing any bid item or change order item quantity or payment amoun Contractor shall provide all documentation at the time of submitting the statement suppol position. Should the Contractor fail to submit the statement and supporting documentatior the time specified, the Contractor acknowledges that full and final payment has been mad? contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned ti Engineer will review the disputed item within 30 calendar days and make any app adjustments on the Final Payment. Remaining disputed quantities or amounts not approvec Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor' and it will be the responsibility of the Contractor to furnish within a reasonable time suck information and details as may be required by the Engineer to determine the facts or con involved in its claims. Failure to submit such information and details will be sufficient Ci denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitte Agency within 30 calendar days of receipt of Final Payment for all claims for the entire pro claim will be considered that was not included in this written statement, nor will any claim be for which written notice or protest is required under any provision of this contract including 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.' Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comp notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor and it will be the responsibility of the Contractor to furnish within a reasonable time suc information and details as may be required by the Engineer to determine the facts or co involved in its claims. Failure to submit such information and details will be sufficient c denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written stat further information, whichever is longer, for those claims approved by the Engineer. The C shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho f b 1 remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the work will not be included in the progress estimate. The cost of materials and equipment delivered but not inc + -44- I Type of Construction Concrete Class b All Concrete Used Within the Right-of-way 330-C-23 I 1 (560-C-3250) ('I (1 90-E-400) 330-C-23 (560-C-3250) (590-C-3750) (520-C-2500P) Trench Backfill Slurry 1 15-E-3 Street Light Foundations and Survey Monuments Traffic Signal Foundations 350-C-27 3 1 0-C-I 7 Concreted-Rock Erosion Protection Maxim Slump mm (2) 200 ( 100 ( 100 ( per Table 31 Property Method Thickness ASTM D2103 Tensile strength ASTM D882 Elongation ASTM D882-88 Printability ASTM D2578 Flexibility ASTM D671-81 Inks Manufacturing specifications Message repeat Manufacturing specifications Foil Manufacturing specifications Top layer Manufacturing specifications Bottom layer Manufacturing specifications Adhesives Manufacturing specifications Bond strength I I I I Boiling H20 at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056”) 4500gkm (25 Ibslinch) (53 e50 percent at break >50 dyneskquare centime1 Pliable hand Heat-set Mylex Every 500 mm(20”) Dead sowannealed Virgin PET Virgin LDPE >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) Color Yellow Orange Blue Green Brown I Purple I Utility Marked Gas and oil distribution and transmission, dangerous materials, product and ster Telephone and telegraph systems, police and fire communications, and cable te Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. 4 I 1 i I 1 I SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS f SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION ANI 1 PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: each instance reading ”150mm (6 inches)” to ”300 mm (12”)”. 301 -1.3 Relative Compaction. Delete the first paragraph and substitute the following: Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be pave base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, c or sidewalk constructed over them to no less than 95 percent maximum dry density as det by ASTM test D-I 557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparat be included in the contract bid price for which the subgrade is prepared and shall include i materials; including water, operations and equipment to scarify, adjust moisture, con recompact the subgrade, both in cut areas and in fill areas, and no further compensatiol allowed. b I SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat betv successive interfaces of existing pavement and new pavement when, in the opinion of the I the Contractor has failed to maintain or prepare each existing or previously laid course c receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt rea new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows After second sentence paragraph, add: The Contractor shall provide the spreading and finishing machine used to the asphalt concrete surface course with an automatic screed control for surface course pa automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be by an operator and two full-time screed men during all paving. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched jc procedures shall be required, and vibratory rollers shall be limited to breakdown, unless directed by the Engineer. I 1 II i I i -48- I Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve i Marking W S RW Maximum Trench Width (’I 0.3 m (IO”) 0.6 m (23) 0.8 m (31”) 1.0 m (41”) 1.6 m (63”) 1 Minimum Plate Thickness 13 mm (1/2*) 19 mm (3/4”) 22 mm (7/<) 25 mm (1”) 32 mm (1 W) 1 Steel plate bridging shall be steel plate designed to support the HS20-44 truck loadir CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid s on the steel plate with no less than a coefficient of friction of 0.35 as determined by Califomi Method 342. If a different test method is used, the Contractor may utilize standard test plat€ known coefficients of friction available from the CALTRANS District 11 Materials Engin correlate skid resistance results to California Test Method 342. In addition to all other re construction signing, the Contractor shall install Rough Road (W33) sign with black lettering orange background in advance of steel plate bridging. Add the following section: 306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not lim steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt rampii padding, signage, placing, installation, removal, relocation, preparation and processing c drawings and submittals to support the use of steel plate bridging and all other materials supervision, overhead of any type or description will be paid for as an incidental to the work 1 bridging is installed to facilitate. No separate payment for steel plate bridging will be mac extension to contract time will be allowed for, or because of, the use of steel plate bridging. 306-1.2.4 Field Jointing of Reinforced Concrete Pipe. add the following: The Contracl provide Gasket-type joints for reinforced concrete pipe (watertight joints) where indicated on 306-1.3.1 General. add the following: The Contractor shall install detectable undergrour marking tape 230 mm x 75 mm (9” x 3) above each or, in the case of bundled underground of the same type, the upper underground conduit being installed by the open trench methc type and color of detectable underground utility marking tape shall conform to the requirer section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the fc The Contractor shall densify trench backfill to a minimum of 90 percent relative compactior that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. 306-1.5 Trench Resurfacing. 306-1 S.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and subst following: Temporary bituminous resurfacing materials which are placed by the Contractor a convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing r shall be used in lieu of permanent resurfacing only when approved by the Engineer. temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it removed and replaced with permanent resurfacing within 7 days of placement. No i payment will be made for temporary bituminous resurfacing materials. The price bic associated conduit or structure shall include full compensation for furnishing, placing, ma removing, and disposing of such temporary resurfacing materials. 306-1 -5.2 Permanent Resurfacing. Add the following: Except as provided in section 306- “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing ‘ hours after the completion of backfill and densification of backfill and aggregate base mater 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless noted on plans, the Contractor shall remove all existing abandoned pipelines and condu type, or use, and pipelines and conduits of any type, or use, that are abandoned during tt of the work and shall replace said pipelines and conduits with properly compacted soils. ‘F I 1 I I 1 1 i I I I I b ’ 1. -51 - 1 4 - # 4 around pipe towards outlet SECTION C-C SECTION A-A 1. See Standard Drawings 0-11 & 0-12 2. Types are designated as follows: (no wing) A, (one wing) A.1, (two wings) A-2. 3. Exposed edges of concrete shall be rounded with a radius of 1/2”. 4. When V exceeds 4‘ steps shall be installed. See Standard Drawing D-11 for details. for additional notes and-details. LEGE1 15’ 7 5. Concrete gutter to match adjacent gutters. 6. An expansion joint shall be placed at the ends of the inlet where the curb is to adjoin. - - 7. Provide 1/4’ tooled groove in tap slab in line with b 8. Surface of top slab shall be sidewalk finished to drai --. DRAWING NUMBER CURB INLET - TYPE A I I I I I 1 1 1 Io I 1 I I I I horizontal reinforcing, see table. eo TYPICAL BOX SECTION hot dipped galvanized STEP DETAIL 1. Concrete shall be 560-C-3250 unless othemisa noted. 2. Reinforcing steel shall comply with this drawing unless otherwise specified. 3. Reinforcing steel shall be intermediate grade deformed bars conforming to latest ASTM specifications. 4. Bends shall be in accordance with latest ACI code. 5. Minimum splice length for reinforcing shall be 30 diameters. 6. Floor shall have a wood trowel finish and, except where used as junction boxes, shall have a minimum 7. Depth V is measured from the top of the structure to the flowline of the box. 8. Wall thickness and reinforcing steel required may be decreased in accordance with table above. 9. Wall thickness shall be stepped on the outside of the box. slope of 1" per foot toward the outlet. 10. When the structure depth V exceeds 4', steps shall be cast into the wall at 15 inch intervals from 15" above floor to within 12 inches of top of structure. Where possible place steps in wall without pipe opening, otherwise over opening of smallest diameter. 11. Alternate step may be an approved steel reinforced polypropylene step. I REGIONAL STANOA Coordirvtor R C E 1 P TS AND CLEANOUTS I Revision By Note 3 *P SAN DIEGO REGIONAL STANDARD DRAWING ' hgle x= RECOYYENOEO 8Y THE SAN OIEGO REGIONAL !i'TANOAROS COYNITTEE &d/& &i 197s Angle 711 CURB INLET OPENING Cowdinmi R C E 19807 0118 DRAWING NUMBER D-12 Apprc A2 9f.k M.C Invert Elevation 3/4* Crushed Rock SECTION NOTES 1. For trenching on improved streets see Standard Drawing G-24 2. (*) indicates minimum relative compaction. or G-25 for resurfacing details. 6" CURB 8' CURB Area = 0.89 SQ. FT. Area = 1.09 SO. IT. m c 2 Width Shown on Plans 5 18" min. -e-- Weakened Plane Joint shown indicate otherwise GUTTER LEGEND ON I 1. Concrete shall be 520-C-2500. 2. See Standard Drawing G-10 for joint details. 3. Slope top of curb 1/4" per foot toward street. CURBS AND GUTTER - SEPARATE Width as shown on Plan varies _I - - 114" per ft. Weakened Plane Joint e-----.- I I -------- -------- 1 NON-CONTIGUOUS Width as shown on plan Weakened Plane Joint I CONTIGUOUS NOTES 1. Concrete shall be 52QC-2500. 2. See Standard Drawing G-9 and G-10 for joint details. LEGEND ON PLAh RECOMMENDED BY REGIONAL STANDI' bordintw RCE 1 SIDEWALK - TYPICAL SECTIONS DRAWING e 12” min. (tp.) feather to meet existing paving Existing A.C. and Base --- --- --- --- Asphalt Concrete Base Material 1. Trench edges to be cut a minimum of 6” wider than trench for trenches 2. Existing A.C. shall be cut and removed in such a manner so as not to te 3’ wide or less, and 12” wider for trenches over 3’ wide. bulge or displace adjacent pavement. All cuts shall be parallel or perpendicular to street centerline, when Edges shall be clean and vertical. 3. Base material shall be replaced to depth of existing base. 4. A tack coat of asphaltic emulsion or paving asphalt shall be applied to A.C. may be substituted for base material. existing A.C. at all contact surfaces, prior to resurfacing. a) Minimum total thickness shall be one inch greater than existing A.C.(E c) Finish course for Type 6 resurfacing shall be laid down using a 5. Asphalt Concrete Resurfacing: fc “L b) A.C. shall be hot plant mix. spreader box. 6. All A.C. resurfacing shall be seal coated with an emulsified asphalt and 7. Type 6 shall not be used on lateral crossings, 8. Sloughing of trench under pavement shall be cause for requiring covered with sand. Chip sealing shall be applied as required by Agency. additional pavement and base. TRENCH RESURFACING I------- MEET EXISTING PAVEMENT GRADE CURB FACE TRANSITIONS AND H AREAS SHALL NOT EXTEND INTC RETURNS, DRIVEWAYS, ALLEY ENTRANCES, OR ANY OTHER CUF OPENING DEPRESSION SHALL E CURB INLET I------- PLAN\MEET EXISTING PAVEMENT SUMP CONDITk OR STREET GRADE LOCAL DEPRESSION Subsurface Utility Engineerin SAFT-DIG Utility Surveys, Inc. a WBE Firm “ACCURATE’ Non-clestructive soil extraction performed with surgical skill! We designate, Locate and verify actual depths of underground utitihi censes CA-712492 A2108545 March 1 1, I999 I I 1 1 I i 10 I I 1 I 1 1 I I GVP Consultants Attn: Glen K. Van Peski 3506 Chauncey Road Oceanside, CA 92506 RE: Carlsbad Storm Drain Project Dear Glen, Enclosed you will find the Certified Utility Location Report along with Saf-r-Dig’s Terms & Abbreviatior pertaining to the above mention job. Should you have any questions or concerns please feel free to give me a call @ (909) 370-0930, I wil more than happy to answer them. Sheldon Watson is currently out of town, but will be returning bacl work on Monday, March 15, 1999 @ 0800. pleasure doing business with you, do keep us in mind for any up coming project(s) that Enclosures: Certified Utility Location Report Terms & Abbreviations f c, 1 I 1 1 e, c, .r( 2 $k v) mi2 e, 5 BEY$ ; .r( g ooe, w c, 0 g we, 233 suout;: .cgi: &p 112 s amma 0 g 3% Elsa g$"ag.y" 3 5s q22 e,e,oe,og,4: a3 El t $e+oi-.gl 05vg: $8 3.8 ~~~OCFJO 0 0 o* Q) OLSSA Qp&S 8 rUrUk*U 0 0 ossgsss O&td F aaaaaaaaa:a:~~~~~a:a:mmaam~a~a+~~+~>>~s s ozg k 073 cd FJ Q Q) e, Q) 0 oh% B 8 ~~~~~~~daagaaaa~~mwmmmmw~rnWW~~~~'~ OEi oooooa a e* $3 k $4 k k> 0 v 0, k +., Yccco e, e, e, $4 FJOOOk x s' m --0kkc,,c, II II II II II II II II I1 ll II II II II II II II II II II II II II II II II II II II II II II II II ,szz g$*g$zz.s.s-5 E%% -Mooo,~a~+.,.r(oookk MS 7 5 5 0 0) c (be aaacd cd.2 5 @ (d I1 U w E u w~dnKrnJ~ooawmoa B cpn3*, B 1. G .r( 3 d e,a e, a 0 e, cd 3 v) k e, .d 44 .% 2 cd !2 08 e,8 c, 5 ac!Y e, 'i: gg sg E$ a c, me Q %%$ 03Q cdos a: .-J he, me gS3.G 5% 3 e, d m.5 gawa) k .g&jjg.S e, %a &,E, w3g 4jt cddgnsop 8% cza Q) 3 %$.g;pL%ac ZSSS.4 m, w~~~a~~~a~aoo~o~~~~~~~~~~~~a~~zzzzoo( 3 % 3 8 g P k 2 0 0 cd cd cd k cd s k 1 0 e, 0 .d Da 1. 2 la% .r( .!!I ( 0 b' b e, 35% 8rn- 'I 0 v) h3'3cdkMm 2 c.5d 53 0 g gs5a2! 5E ,-la c, pou 2s aa E: .Mat;z -9hdckn a so I1 II II II II II II II II I1 II II II II II II I1 II II II II II II II II II II II II II II II II II II I1 ogo r: we bdsnrwogonnb, bzg ~EZ ~1 Ig ~~~~~~~~~~~ooooooazz~znn~~a~~~~~ ZOO' d e4 Lo 1; k e, g .% c .!2 c, 5 -s a a odt; JE k ya 0 .r( E 1 .!3 s a: os $29 a g .5 gywz e, e, 2 sr, E, '-de, c4 Pp, wss 2 8 E2 2 523Q$ ;; 1 gi Lzli p.BE4o .M E aggse, W p, $1 m.zcaho 5% ig *e a*; o&poo~~ 2 0 5 -5 64% 0 cda 0 E++ 3so mG.5 gz.5 us $!OJ 2g3sc,+.,+4csz> > 44+3*.Yr !$ $252 Q.aA 2 e,$g $l;s;$: e,ce,e,e, c c c 0 Eo) kg33&&+a)SO M+ k I tnj wl~g~*'6bs hiJii E kc, k k rn c.1 E €4 E g2 e EP ao * Mm v) v) 0 cd 7 3 ci e,s 0 e, a,+ 0 0 0 6 0s s-$'E! k,.~ E: Ip t13 OUnog~o e4SWk 0 oi1~3IppabAa~~e0~ gk's3 3~ k u I-.I Oo0M cdM cEEc-., .z 0 - e, 0 e, e, cd 04 F 4.4.442mmmmuoo ooooooooouoooooo~nnnn~~ II II I1 II II II II II II II II II II II II II I1 II II II II II II II II II II II II I1 I1 II II II II 0 EroapP 4~44~IpIpIp~o~o%ooooooooo~oooo~oonnnn~w 1 Project: Client Name: Work Site: 1k-e WH2492 PZ-1OL)yS MI- Carlsbad Storm Drain Project GVP Consultants J Ref[- Intersection of State St. & Laguna Dr. CC - CemenVConaete OR OR Road (Dirt) E -Electrical CIPP- Cast in Place MIH - ManHole IR - lrngatm GIP - Galvanized Iron W - Slde Walk TV -Cable TV GSP - Gahranlzed Steel WM -Water Meter FO ~ F~ber optics PE - POW Ethylene wv -water valve 0 -0iUPetro WC - PolyVinal Chlor SD ~ Storm Main RC - Reinforced Conc. SS - Sandary Sewer SL - Slwry TS -Traffic Signal STLC- Steel Coated W -Water STLW- Steel Wrapped TR - Translte VCP - Vitrified Clay Pipe ABS - Plasbc Pipe ACP - Asbes. Cement CIP - Cast Ira Plpe FIG - Face of Curb FRI - Fire Hydrant IN - Inspeaon Hole G - GasJPetrolLP CAP - Cormgated Alum P/P - PMr Pde 1 1 I il 1 1 I TEL ~ Telephone STL - Steel WD -Wood CommentslRemarks: Encountered heavy ground water possible pipe leakage. Sketch: (not f0 Scale) B S - Lagk,,,a////)( %o p~mXj--a o&H#.t c Pd PHflaO --- ---. dD-MH State St Y~~ Project: Client Name: Work Site: LS~M a712492 aZ lW5 Ny-RnBw P 0 Box 1478 Carlsbad Storm Drain Project GVP Consultants 1 Ref: F5051 Intersection of State St. & Laguna Dr. __ CC - CernenffConcrete OR -Off Road (Dirt) E -El&cal CIPP- Cast in Place MM - ManHole G - Gas/Petro/LP IR ~ lrngation N -CableTV GSP - Galvanized Steel WM -Water Meter FO - Fiber Optics PE -Poly Ethylene WV -Water Valve 0 - OiWetro PVC - PdyVinal Chlw SD - Storm Drain RC -Reinforced Conc SS - Sanitary Sewer SL - Sluw ABS - Plastic Pipe ACP - Asbes Cement CIP - Cast Iron Pipe CAP - Corrugated Alum GIP - Galvanized Iron F/C - Face of Curb FM - Fire Hydrant IN ~ Inspection Hde PIP - Power Pde S/W - Stde Walk I I 1 t 1 ! TEL - Telephone TS -Traffic Signal W -Water STLW- Steel Wrapped STL - Steel STLC- Stel Coated TR -Transite VCP - Vitnfied Clay Pipe WD -Wood CommentslRemarks: Client reguest top & edge of SD Vault, re-fer 1 to drawinglsketch. Sketch: (not to Scale) B s - MH Cover State st. - -_--- . If I 5.95' I4 Project: Client Name: Carlsbad Storm Drain Project GVP Consultants I Ref: v CC - CemenVConcrete F/C - Face of Curb OR - m Road (Dirt) F/H - Fire Hydrant IN - lnspechon Hde E -Eledncal CIPP- Cast in Place hW - ManHde G - GadPetrolLP CAP - Corrugated Alum PIP -Power Pde IR - lrngation GIP - Galvanized Iron S/W - Side Walk TV -CableTV GSP - Galvanized Steel WM -Water Meter FO - Fiber Optics PE - Poly Ethylene WV -Water Valve 0 - OtllPetro PVC - PolyWnal Chlor SD - Storm Drain RC - Reinforced Conc SS -SanitarySewer SL -Slurry TS - TraKtc Signal W water STLW- Steel Wrapped ABS - Plashc Pipe ACP - Asbes Cement CIP - Cast Iron Pipe 1 I 1 I 1 I I TEL -Telephone sn - steel STLC- Steel Coated TR -Transte VCP - Vitnfied Clay Pipe WD -Wood CommentslRemarks: Each Tel Duct had a 2” Concrete Cover above it. Re-fer to drawinglsketch. Sketch: (not f0 Scale) B s - GGG Project: Client Name: Work Site: ~vassr ~712492 AZ iws wwno P 0 Box I478 1. Carlsbad Storm Drain Project GVP Consultants \ Ref: v Intersection of State St. & Laguna Dr. CC - CemenUConcrete ABS - PlasW Plpe OR -OR Road (Dirt) ACP ~ Asbes Cement CIP - Cast Iron Pipe E - Electncal CIPP- Cast in Place MIH - ManHde G - GadPetrolLP CAP - Cormgated Alum IR - lrngation GIP - Galvanzed Iron N ~ Cable TV GSP - Galvanlred Steel FO - Fiber Optics PE - Poly Ethylene 0 - OiUPetro PVC - PolyVinaI Chlor SD - StOm Drain RC - Remforced Conc SS sanitary Sewer SL -Slurry W -Water STLW- Sted Wrapped F/C - Face of Curb FiH - Fire Hydrant IN - Inspection Hole PP - Power Pole SW - Sde Walk WM -Water Meter WV -Water Valve I I 1 I 1 I 1 TEL -Telephone STL - Steel TS - Traffic Signal STLC- Stel Coated TR -Transite VCP - Mnfied Clay Pipe WD -wood CommentslRemarks: Sketch: (not to Scale) B s -