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Home My WebLink AboutIPS Services Inc; 1993-07-30; U/M 93-2Y, A I hli a April 21, 1993 ADDENDUM NO. 1 BID/PROJECT NO.U/M 93-2 -- 1991-92 CHIP SEAL PROGRAM Please include the attached addendum in the Nolice to Bidder/Request for Bids you havc for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid whei your bid is submitted. 7r& -9 -7 -s--- - 0 Purchasing Rw Officer RF:m Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 * 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E * , - e May 11, 1993 ADDENDUM NO. 2 BID/PROJECT NO.U/M-92-93-STREET CHIP SEX PROGRAM Please include the attached addendum in the Notice to Bidder/Request for Bids you hav for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid whe your bid is submitted. *-mmL o RUTH FLETCHER Purchasing Officer RF:m Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 * 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28( TABLE OF CONTENTS Itern Pag, NOTICE INVITING BIDS ............................................ CONTRACTOR’S PROPOSAL d BIDDER’S BOND TO ACCOMPANY PROPOSAL ........................... i DESIGNATION OF SUBCONTRACTORS ............................... 1i BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................. 1: BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .......... 1 . ........................................ NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .............................. 15 CONTRACT . PUBLIC WORKS ...................................... 1 LABOR AND MATERIALS BOND .................................... 2 PERFORMANCEBOND ........................................... 2 REPRESENTATION AND CERTIFICATION ............................. 2 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION ................................. 2 RELEASEFORM ............................................... 3 a SPECK PROVISIONS I . SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ............................ 3 I1 . SPECIFICATIONS FOR THE 1991-92 STREET CHIP SEAL PROGRAM ....... 4 I11 . STREET LISTING FOR THE 1991-92 STREET CHIP SEAL PROGRAM ....... 5 IV . CHIP SEAL LEGEND SCHEDULE ................................. 5 V . CHIP SEAL STRIPING SCHEDULE ................................ 5 VI . CHIP SEAL LOCATION MAPS ................................... 5 a B.\93CNTSWLH93019.CNT 2/25/ CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 12C Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on tl: twenty-sixth day of m, 1993, at which time they will be opened and read, for perforrrk the work as follows: 9 CONTRACT NO. U/M 93-2 1991-92 STREET CHIP SEAL, PROGRAM The work shall be performed in strict conformity with the specifications as approved by tI City Council of the City of Carlsbad on file with Utilities & Maintenance Department. TI specifications for the work include the Standard Specifications of Public Worl Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate "SSPWC", as issued by the Southern California Chapter of the American Public Work Association and as amended by the special provisions sections of this contract. Referenc 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-owe businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators an contractors to utilize recycled and recyclable materials when available and wher appropriate. No bid will be received unless it is made on a proposal form furnished by the Purchasin: Department. Each bid must be accompanied by security in a form and amount requirec by law. The bidder's security of the second and third next lowest responsive bidders mq be withheld until the Contract has been fully executed. The security submitted by all othe unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days afte the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectioi 22300), appropriate securities may be substituted for any obligation required by this noticl or for any monies withheld by the City to ensure performance under this Contract. Sectioi 22300 of the Public Contract Code requires monies or securities to be deposited with tht City or a state or federally chartered bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: a 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit All bids will be compared on the basis of the Street Maintenance Supervisor's estimate. The estimated quantities are approximate and serve solely as a basis for the cornparisor of bids. The work is anticipated to take place during the months of June and July, 1993. It is estimated to take twenty-five (25) workdays to fully complete all aspects of the project including sweeping B .\93CNTS\HLH930 19.CNT 2/25/9: The Street Maintenance Supervisor's estimate is $350,000. a The Contractor's attention is directed to Section 6-7 "Time of Completion", Section 6- "Liquidated Damages", of the 1991 Edition of the Standard Specifications, de& responsibility with regard to completing work within the time specified. In the event th the scope of work including all conditions and requirements of the contract are n completed within the number of working days specified above, (25 workdays) liquidatc damages of two hundred fifty ($250.00) dollars for each and every calendar day require to finish the work in excess of the specified number of working days shall be paid to ti City of Carlsbad. No bid shall be accepted from a contractor who is not licensed in accordance with tl provisions of Califomia state law. The contractor shall state their license numb€ expiration date and classification in the proposal, under penalty of perjury, pursuant Business and Professions Code Section 7028.15. The following classifications a acceptable for this contract: A, C-12, or C32, in accordance with the provisions of star law. If the Contractor intends to utilize the escrow agreement included in the contrac documents in lieu of the usual 10% retention from each payment, these documents mu: be completed and submitted with the signed contract. The escrow agreement may not t substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at th Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue: Carlsbad, California, for a non-refundable fee of $10.00 per set. If plans and specification 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 mino irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute thi Contract shall be those as determined by the Director of Industrial Relations pursuant tc the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 o the Labor Code, a current copy of applicable wage rates is on file in the Office of thc Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay les than the said specified prevailing rates of wages to all workers employed by him or her ir the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions ol Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 172C shall apply to the Contract for work. A pre-bid meeting will be held on Wednesday, May 5, 1993, at 1O:OO a.m. at the Utilities and Maintenance Administration Conference Room, 2075 Las Palmas Drive, Carlsbad, California. A tour of the project sites should be made prior to the pre-bid * a a meeting. 13 \93CNTS\HLH93019 CNT 2/25/93 All bids are to be computed on the basis of the given estimated quantities of work, a indicated in this proposal, times the unit price as submitted by the bidder. In case of discrepancy between words and figures, the words shall prevail. In case of an error in th extension of a unit price, the corrected extension shall be calculated and the bids will b computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out an typed or written in with ink and must be initialed in ink by a person authorized to sign fc the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric to bidding. Submission of bids without acknowledgment of addenda may be cause c rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of laborer and materials suppliers, in an amount equal to one hundred percent (100%) and fift percent (SO%), respectively, of the Contract price will be required for work on this projeci These bonds shall be kept in full force and effect during the course of this project, and sha extend in full force and effect and be retained by the City until they are released as state in the Special Provisions section of this contract. Bonds and insurance are to be placed with insurers that have (1) a rating in the mo5 recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business i the State of California, and (3) are listed in the official publication of the Department c Insurance of the State of California. Auto policies offered to meet the specification of thj contract must: (1) meet the conditions stated above for all insurance companies and (2 cover any vehicle used in the performance of the contract, used onsite or offsite, whethe owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insuranc certificate must state the coverage is for "any auto" and cannot be limited in any mannei Workers' compensation insurance required under this contract must be offered by company meeting the above standards with the exception that the Best's rating conditio is waived. The City does accept policies issued by the State Compensation Fund meetin the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. An additional cost of said insurance shall be included in the bid price. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 93-92 , adopted on the thirteenth day of April , 1993. * e dq#d lq. L973 -4- Dad Aletha L. Rautenkranz, City Clerk 0 I3 \93CNTSVlLH93019.CNT 2/25/! + 7 CITY OF CARLSBAD 1 . *’4 . I CONTRACT NO. U/M 9 3-2 CONTRACTOR’S PROPOSAL P City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read tl- Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnis all labor, materials, equipment, transportation, and services required to do all the work 1 complete Contract No. U/M 93-2 for the 1991-92 Chip Seal Program in accordance wit the Plans and Specifications of the City of Carlsbad, and the Special Provisions and th; he/she will take in full payment therefor the following unit prices for each item completl I I I I I to wit: 1 I. I 1 I I I I Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price in Words and Unit Price Total 1. Chip Seal complete in place -q. $ at Mo dollars and yds. SWWTy-SiKbNi Mkents per square yard. 2. Layout and replace traffic Lump sum q765 $ 2L/2)37~ 3\~,va6 stripes and pavement 6 Y7,aoo markings, compl te in place FB”s& *V~N f’’qo1lars 5 and 0 cents. Total amount of bid in words: Ti-JO iJo@D/zm 4 G764fTYfi1~d TWwAmo, Z%E& I+A Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). f ’?L(B[~ 2. proposal. Odc 00u435 4 R6/f rJ wf Nc caJg 2S9,37/. cy has/have been received and is/are included in th G??@@d 4.l) f&, B:\93CNTSWLH93019.CNT kG9944 Y25/ ;. I 2z , t . The Undersigned has checked carefully all of the above figures and understands that ti City will not be responsible for any error or omission on the part of the Undersigned 1 I preparing this bid. The Undersigned agrees that in case of default in executing the required Contract wit necessary bonds and insurance policies within twenty (20) days from the date of award ( Contract by the City Council of the City of Carlsbad, the proceeds of the check or bon accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that the undersigned is license to do business or act in the capacity of a contractor within the State of California, valid; which expire licensed under license number 421528 , classification A,B on 4-30-94 , and that this statement is true and correct and has the legal effect c I= I I I I II. I I 1 1 I 1 1 an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuaI; to the Business and Professions Code shall be considered nonresponsive and shall b rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, n bid submitted shall be invalidated by the failure of the bidder to be licensed in accordancc with California law. However, at the time the contract is awarded, the contractor shal be properly licensed. Public Contract Code 5 20104. The Undersigned bidder hereby represents as follows: I 1. That no Council member, officer agent, or employee of the City of Carlsbad i personally interested, directly or indirectly, in this Contract, or the compensation tc be paid hereunder; that no representation, oral or in writing, of the City Council its officers, agents, or employees has inducted him/her to enter into this Contract. excepting only those contained in this form of Contract and the papers made a parr hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporatior making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is A BIDDERS BOND (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. ..*. B.\93CNTS\HLH93019.CNT 2/25/93 ;. I I. < t I 1 I I I 1 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articlc 2, relative to the general prevailing rate of wages for each craft or type of worker needec to execute the Contract and agrees to comply with its provisions. 0 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I (1 1 Name under which business is conducted (2) (3) Place of Business Signature (given and surname) of proprietor (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: I (1) Name under which business is conducted I. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) I I I I I (3) Place of Business I (Street and Number) City and State Zip Code Telephone No. B.\93CNTSWLH93019 CNT 2/25/93 ;. i i ) SS. ; STATE OF CALIFGiiNIA f COUNTY OF San Bernardino i Public i f i J i I I? q qq ? \q '7 3 before me, Brian G. Douglas, Not On personally appexed Dennis c - Rieger (here inserl name and Wle i , personally known to me (or provec the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscri' within instrument and acknowledged to me that heisheithey executed the same in his or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official se r ! t authorized capacrty(ies), and that by hisiherltheir signature@) on the instrument the [ i I ! ! i (Seal) CKNOWiEDG4EIENT-Ail Purpose--Wolcons Form 237CA-Rev 1-91 $,199t WOLCO~S. INC. (pnce class 8-21 '1 .. ; < IF A COWORATION, SIGN HERE: (1) Name under which business is conducted IPS SERVICES, INC- I. 1 c P< (2) !%?--P-qz.i e" /dY$/t\A--- ..-- n--- Ill I Signature (J PGFS/C€O .5- 20 --q3 I Title Impress Corporate Seal hei I i PI I. I! 1 I I' I- I (3) Incorporated under the laws of the State of CALIFORNIA (4) Place of Business 1199 OPAL AVE (Street and Number) -- MENTONE, CA I City and State (5) Zip Code 92359 Telephone No. (909 1 794-2101 NOTAEUAL. ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST B AITACHED I' * List below names of president, vice president, secretary and assistant secretary, if corporation; if a partnership, list names of all general partners, and managing partners DENNIS C. RIEGER, PRES/CEO e STEVE C. RIEGER, V.P 1 JOHN W. JENNINGS, V.P BRENT C. RIEGER, SECRETARY B.\93CNTS\HLH93019 CNT 2/25/5 1. -___ - ~ C' ' l'KhMLUM '-NLL- c * 'WOW ALL PERSONS BY THESE PRESENTS: (. That we, IPS SERVICES, INC. , as Principal, and VIGI.. INSURANCE COMPANY , as Surety are held and My bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, finnzy by these presents. THE CONDITION OF THE FOREGOING 03LlGATION IS SUCH that if the proposal of the abovebounden Principal for 1992-9 3 Street Chip Sed Program, Contmct U/M 93-2, in the City of Carlsbad, k accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies Within W~QI (20) days from the date of award of Contract by the City Councif of the City of Carlsbad, being , duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and temain in full force and effect, and the amount specified herein shall be forfeited to the said City. TEN PERCENT OF THE AMOUNT BID (10%) ..** .... ..** e ..+. ... t +... I..* ..e. ..*e ..,I .... *e*. .... .... 0 B,9~~930,9.cNT 2//25/ . .____ ....m *- _. JY -CALWOWNlA ALLPURPOSE ACKNOWLEDGMENT State of CAL~FWA County of RIVERSIDE CAPACITY CLAIMED BY I Though statute does not require the fill in the data below, doing so n invaluable lo persons relying on the c 0 CORPORATE OFFICER($ TITLE(S) NAME(S) OF SIGNER(S) personally appeared ELKE H- HAGEN or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTI WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES; OPTIONAL SECTDON THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES . DATE OF DOCUMENT ) ss. STATE OF CALIFORNIA COUNTY OF --Sari Sernardino On y\ WbI .z4 before me,Brian G. Douglas, Not (here inseit name and mle Public personally appexed Dennis c * Rieger , personally known to me (or prove1 the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscri within instrument and acknowledged to me that heisheithey executed the same in hi; authorized capacity(ies), and that by his/heritheir signatuie(s) on the instrument the 1 ai the entltj upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se (Seal) L2KNOWLEDGMENT-AII Purpose-MicoRs Form 237tA-Rev 1-9: Z 1991 WDLCOTS. INC. (price class 8-2) ' ' rq the event Principal executed this bond as an individual, it is agreed that the death c . Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL rhk 20T~ day of Executed by SUmW this 20TH day of e MAY ,1993. MAY ,1993. v PRINCIPAL: SURETY: _- IPS SERVICESJ INC. VIGILANT INSURANCE COMPANY (Name of Principal) By: (Name ai Surety) .. 15 MOUNTAIN VIEW ROAD 4 (Address of Surety) WARREN, NEW JERSEY 07061 bmn 1s G .R\.(?-. @A? (201) 967-9400 . (print name here) (Telephone Number of Surety) ?(?e? 1p 5 SQeV? CfS in?,. By: (title and organization of signatory) By: ELKE H. HAGEN (sign here) (print name here) (title and organization of signatory) printed name of Attorney-h-Fact (attach corporate resolution showir current power of attorney) 0 t s q (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be amched.) (President or vice-president and secretary or assistant secretary must sign for coqorations. If only 01 officer signs, the corporation must attach a resolution cemfied by the secretary or assistant secretary unZ COXpOt.dti5 seal empowering that officer to bind the corporach.) I APPROVED AS TO FORM: RONALD R. BALL , City Attorney 4 BY&%(& 1.1-.& 1 N J, HERATA Deputy City Attorney 1.. ~\93CNTSVILH93019.CNT 2/25 .+ . POWER OF ATTORNEY Know all wen by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Y William R. Friis, Mark E. Shreckengast and Elk 1 tio;,has cqnstituted and appointed, and does hereby constitute and appoint of Rive,rside, California-------------------------------------------------------------------------------------. a each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percer final estimates. In Witness Whereof, the said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws. caused these presents to be signed by its Vice-president and Assistant Secretary and its COI hereto affixed this 19th dayof November 19 92 VIGILANT INSUR CE COMPANY By Geo M e McClellan Vice-President ] ss. STATEOFNEWJERSEY County of Somerset On this 19th dayof Koverher 19 92 , before me personally came Richard D. O’Connor to me known and by me known to be Assistant Secretary of th SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O’Connor being by me duly sworn, did depose and say that he is As! of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authorit! of said Gompany, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and know him to be thi of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by Acknowledged and Sworn to before me ll Notary Public CERTIFICATION JANET A. SCAVOYB NOt8q hhk, State of 1&a Jergcy KO. 9363520 Commisricta Ex?ircs ~ao’hr 2, 1994 1 ss. STATE OF NEW JERSEY County of Somerset I. the undersigned, Assistant Secretary of the VIGILANT INSURANCE COMPANY. do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Bc on June 13, 1974 and most recently amended March 3, 1986 and that this By-Law is in full force and effect. “ARTICLE XV Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it IS authorized by law or its charter to execute. may and shall t in the name and on behalf of the Company either by the Chairman or the Vice-chairman or the President or a Vice-President, jointly with the Secretary or an Assistant Secretary, under theil designations, except that any one or more officers or attorneys-in-tact designated in any resolution of the Board oi Directors or the Executive Committee, or in any power of attorney executed I for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice-chairman or the Preside President or an Vice-president. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lihographed. The signa of the following officers: Chairman, Vice Chairman, President, any Vice President. any Vice President, any Saretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile ti of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-fact for purposes only of executing and attesting bonds and undertakins and other writings obligatory I thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by su signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.” I further certify that said VlGlLANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of CALIFORNIA , and is al! to becomesolesurety on bonds, undertakings, etc. permitted or required by the lawsof the United States. And1 furthercertifythatthe foregoing Powerof Attorney isnow infullforceandeffect. Given under my hand and the seal of said Company at Warren, N.J., this ’e day of MAY 2 OTH I../r’ Corporate Seal . i p&&&-f/ Assistant Secretary e Form 21 -1 0-0355 (Rev. 1 1 DESIGNATION OF SUBCONTRACTORS The Contractor certifies he/she has used the sub-bids of the following listed Contractoi in making up his/her bid and that the sub-contractors listed will be used for the work fc which they bid, subject to the approval of the City Engineer, and in accordance wit applicable provisions of the specifications and Section 4100 et seq. of the Public Contraci Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made i these subcontractors except upon the prior approval of the Utilities and Maintenanc Director of the City of Carlsbad. The following information is required for each sul contractor. Additional pages can be attached if required: I i 1 1 I I 1 1. 1 1 I I i I I 1 R* 1 QO&'L Items of Complete Address Phone No. Work Full Company Name with Zip Code with Area Code B \93CNTS\HLH93019 CNT 2/25/ I* i 1 I I 1 I I 1 1 1. S I I 1 1 1 1 b AMOUNT OF SUBCONTRACTORS' BIDS The bidder is to provide the following information on the subbids of all the liste subcontractors as part of the sealed bid submission. Additional pages can be attached, required. Type of State Contracting Carlsbad Business Amount of Bid I. Full Company Name License & No. License No." .I$ or %I *- Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 2/25/5 B.\93CNTSWLH93019 CNT a@ 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY D- B I I I 1 I I 1. I I I I I I 1 I Bidder submits herewith a statement of financial responsibility. r" 8 7 f B \93CNTS\HLH93019 CNT 2/25/ P IPS SERVICES INCORPORATED BALANCE SHEET * -__---- December 31, 1992 ASSETS CURRENT ASSETS Cash $ 7 , 26 Certificate of deposit 150 I 00 Accounts receivable 1,948,54 Notes receivable 15,93 Employee receivables 4/09 Other receivables 96/37 Earned revenue in excess of billings 412,35 Supply inventories 226,71 Prepaid taxes 3/41 Prepaid experses 219,33 TOTAL CUEZNT ASSETS 3,084.00 PROPERTY AND EQUIPMENT, at cost less accumulated depreciation 2,542,55 Deposits 54,81 TOTAL ASSETS S5,708,15 OTHER ASSETS 0 Goodwill, less accumulated zmortization of $8,187 26/81 TOTAL OTHEii ASSETS ai,6> The accompanying notes are an integral part of these statemer See Independent Accountants' Report -2- a IPS SERVICES INCORPORATED BALANCE SHEET * ------- December 31, 1592 LIABILITIES $1,517,424 Accounts payable 140,189 Accrued expenses Contracts payable - 4 136,629 Billings in excess of earned revenue 56,456 Custoner deposits 5,074 470,000 Line of credit Current portion of long-term debt 564 , 128 Deferred income taxes 65,957 TOTAL CXJXRENT LIABILITIES 2,955,857 CURRENT LIABILITIES rr LONG-TERM LIABILITIES Long-term debt, less current portion above 601,703 TOTAL LONG-TERM LIABILITIES 01,703 0 S T 0 C K H 0 L D E R S' EOUITY - CAPITAL STOCK, authorized 75,000 shares 2,778 shares issued and outstanding 336,971 ADDITIONAL PAID-IN CAPITAL 1,776,058 RETAINED EARNINGS 37,601 TOTAL STOCKHOLDERS' EQUITY 2,150,630 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $5,708,190 The accompanying notes are an integral part of these statement See Independent Accountants' Report -3- 0 Date Name and Phone Amount Completed of the Employer to Contract Work Contract Contract Name and Address No. of Person Type of of 1 1 JANUARY 93 CITY OF IRVINE CHARLES KNOWLES SLURRY SEAL 615,337.31 P.0, BOX 19575 (714) 724-7678 TRVTm PA 99711 D- 8 I 1 I 1 1 I I i 1 I I 1 1 1L NON-COLLUSION AFFIDAVIT TO BE mCUTED BY BIDDER AND SUBMITIID WIl3-I BID State of California 1 County of SAN ~rn-1~0 ) -p)4nn ;s c- 2\f'cw, being first duly sworn, deposes and says that he or she is f ) ss. TOF 5 ,'i>FM 4- (Name of Bidded (Title) Of IPS SERVICES, INC. (Name of Firm) the party making the foregoing bid; that the bid is not made in the interest of, or on behal of, any undisclosed person, partnership, company, association, organization, or corporation that the bid is genuine and not collusive or sham; that the bidder has not directly 01 indirectly induced or solicited any other bidder to put in a false or sham bid, and has no directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyont shall refrain from bidding that the bidder has not in any manner, directly or indirectly sought by agreement communication, or conference with anyone to fix the bid price, or o that of any other bidder, or to fix any overhead, profit, or cost element of advantagt against the public body awarding the contract of anyone interested in the proposec contract; that all statements contained in the bid are true; and further, that the bidder ha: not, directly or indirectly submitted his or her bid price or any breakdown thereof, or thc contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any corporation, partnership, company association, organization, bid depository or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that thii I. affidavit was executed on the - day of , 19-D (59 J2A.*d.- - c /&5-*9/2- /-/ 0 Signature of Bidder I (NOTARY SEAL) B:\93CNTSWLH93019 CNT 2/25/9 f 1 CONTRACT - PUBLIC WORKS e 19z by and between the Cit whose principal place of busine: of Carlsbad, California, a municipal corp ati This agreement is made this&-*day of (hereinafter called "City"), and * I PS Services I ncorpsrated is P.O. Box 10458. San Bernardno. CA 93473 - 0458 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contrac documents for the 1991-92 Street Chip Seal Program, Contract No. U/M 93-2 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, material: tools, equipment, and personnel to perform the work specified by the Contrac Documents. Contract Documents. The Contract Documents consist of this Contract, Notic Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation c Subcontractors, Bidder's Statements of Financial Responsibility and Technic: Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans an Specifications, the Special Provisions, and all proper amendments and change made thereto in accordance with this Contract or the Plans and Specification: and all bonds for the project; all of which are incorporated herein by thj reference. Contractor, her/his subcontractors, and materials suppliers shall provide an install the work as indicated, specified, and implied by the Contract Document! Any items of work not indicated or specified, but which are essential to th completion of the work, shall be provided at the Contractor's expense to fulfi the intent of said documents. In all instances through the life of the Contrac the City will be the interpreter of the intent of the Contract Documents, and th City's decision relative to said intent will be final and binding. Failure of th Contractor to apprise subcontractors and materials suppliers of this condition c the Contract will not relieve responsibility of compliance. Payment. For all compensation for Contractor's performance of work under thj Contract, City shall make payment to the Contractor per Section 9-3 of th Standard Specifications for Public Works Construction (SSPWC) 1991 Editior and the latest supplement, hereinafter designated "SSPWC", as issued by th Southern California Chapter of the American Public Works Association, and a amended by the Special Provisions section of this contract. The closure date fa each monthly invoice will be the 30th of each month. invoices from th B \93CNTSWLH93019.CNT 2/25/5 2. 3. e 4. * 1t Contractor shall be submitted according to the required City format to the City': assigned project manager no later than the 5th day of each month. Payment: will be delayed if invoices are received after the 5th of each month. The fina retention amount shall not be released until the expiration of thirty-five (35: days following the recording of the Notice of Completion pursuant to Californi: Civil Code Section 3184. Public Contract Code section 20104.50 requires a summary of its contents to bc set forth in the terms of the contract. Below is such a summary. However contractor should refer to Public Contract Code section 20104.50 for a completc statement of the law. The city shall make progress payments within 30 days after receipt of ai undisputed and properly submitted payment request from a contractor on i construction contract. If payment is not made within 30 days after receipt of ar undisputed and properly submitted payment request, then the city shall pal interest to the contractor equivalent to the legal rate set forth in subdivision (a: of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable aftei receipt, determine whether the payment request is a proper payment request. I the city determines that the payment request is not proper, then the request shal be returned to the contractor as soon as practicable but not later than seven (7: days after receipt. The returned request shall be accompanied by a documen setting forth in writing the reasons why the payment request was not proper. If the city fails to return the denied request within the seven (7) day time limit then the number of days available to the city to make payment without incumnj interest shall be reduced by the number of days by which the city exceeds thc seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion oi the final payment designated by the contract as "retention earnings". Independent Investigation. Contractor has made an independent investigation oi the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contraci price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. hj information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated Contractor is satisfied with all job conditions, including underground condition: and has not relied on information furnished by City. 0 0 5. e f3 \93CNTSWLH93019.CNT 2/25/9: 1 6. Contractor Responsible for Unforeseen Conditions. Contractor shall 1 responsible for all loss or damage arising out of the nature of the work or fro: the action of the elements or from any unforeseen difficulties which may arise ( be encountered in the prosecution of the work until its acceptance by the Cit Contractor shall also be responsible for expenses incurred in the suspension ( discontinuance of the work. However, Contractor shall not be responsible fc reasonable delays in the completion of the work caused by acts of God, storm weather, extra work, or matters which the specifications expressly stipulate wi be borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves diggin trenches or other excavations that extend deeper than four feet below the surfac Contractor shall promptly, and before the following conditions are disturbec notify City, in writing, of any: A. Material that Contractor believes may be material that is hazardous wastc as defined in Section 251 17 of the Health and Safety Code, that is require to be removed to a Class I, Class 11, or Class 111 disposal site in accordanc with provisions of existing law. Subsurface or latent physical conditions at the site differing from thos indicated. Unknown physical conditions at the site of any unusual nature, differen materially from those ordinarily encountered and generally recognized a inherent in work of the character provided for in the contract. a 7. B. C. a City shall promptly investigate the conditions, and if it finds that the condition do materially so differ, or do involve hazardous waste, and cause a decrease o increase in contractor's costs of, or the time required for, performance of any par of the work shall issue a change order under the procedures described in thi: contract. In the event that a dispute arises between City and Contractor whether thc conditions materially differ, or involve hazardous waste, or cause a decrease o increase in the contractor's cost of, or time required for, performance of any par of the work, contractor shall not be excused from any scheduled completion datf provided for by the contract, but shall proceed with all work to be performec under the contract. Contractor shall retain any and all rights provided either b! contract or by law which pertain to the resolution of disputes and protest, between the contracting parties. a U.\93CNTSVILH93019.CNT 2/25/9: 1 Change Orders. City may, without affecting the validity of the Contract, ordt changes, modifications and extra work by issuance of written change order Contractor shall make no change in the work without the issuance of a writte change order, and Contractor shall not be entitled to compensation for any extr Work performed unless the City has issued a written change order designating i advance the amount of additional compensation to be paid for the work. If change order deletes any work, the Contract price shall be reduced by a fair an reasonable amount. If the parties are unable to agree on the amount ( reduction, the work shall nevertheless proceed and the amount shall b determined by litigation. The only person authorized to order changes or extr work is the Project Manager. The written change order must be executed by th City Manager or the City Council pursuant to Carlsbad Municipal Code Sectio 3.28.1 72. Immination Reform and Control Act. Contractor certifies he is aware of th requirements of the Immigration Reform and Control Act of 1986 (8 US1 Sections 1 101-152S) and has complied and will comply with these requirement: including, but not limited to, verifying the eligibility for employment of a agents, employees, subcontractors, and consultants that are included in tli Contract. Prevailing Wage. Pursuant to the California Labor Code, the director of th Department of Industrial Relations has determined the general prevailing rate o per diem wages in accordance with California Labor Code, Section 1773 and i copy of a schedule of said general prevailing wage rates is on file in the office o the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant tc California Labor Code, Section 1775, Contractor shall pay prevailing wages Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses o defense, and indemnify and hold harmless the City, and its officers an( employees, from all claims, loss, damage, injury and liability of every kind, naturc and description, directly or indirectly arising from or in connection with thc performance of the Contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations includini those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss. damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees foI litigation, arbitration, or other dispute resolution method. 8. a 9. 10. e 11. e B:\93CNTSWLH93019.CNT 2/25/9: 1' Insurance. Contractor shall procure and maintain for the duration of the contrac insurance against claims for injuries to persons or damage to property which mq arise from or in connection with the performance of the work hereunder by thl Contractor, his agents, representatives, employees or subcontractors. Saic insurance shall meet the City's policy for insurance as stated in Resolution Nc 12. a 91-403. (A) COVERAGES AND LIMITS - Contractor shall maintain the types c coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injur and property damage. separate aggregate in the amounts specified shall be established fo the risks for which the City or its agents, officers or employees arc additional insureds. If the policy has an aggregate limit, 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury ani property damage. In addition, the auto policy must cover g~ vehicle used in the performance of the contract, used onsite o offsite, whether owned, non-owned or hired, and whethe scheduled or non-scheduled. The auto insurance certificate mus state the coverage is for "any auto" and cannot be limited in an manner. Workers' Compensation and Emplovers' Liability Insurance: Workers' compensation limits as required by the Labor Code of th State of California and Employers' Liability limits of $1,000,000 pe incident. Workers' compensation offered by the Stat Compensation Insurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies c insurance required under this agreement contain, or are endorsed tc contain, the following provisions. General Liability and Automobil Liability Coverages: 1. e 3. The City, its officials, employees and volunteers are to be coverec as additional insureds as respects: liability arising out of activitie performed by or on behalf of the Contractor; products anc completed operations of the contractor; premises owned, leased hired or borrowed by the contractor. The coverage shall contaii no special limitations on the scope of protection afforded to th City, its officials, employees or volunteers. a B:\93CNTSWLH93019.CNT 2/25/F 2( The Contractor's insurance coverage shall be primary insurance a respects the City, its officials, employees and volunteers. Ary insurance or self-insurance maintained by the City, its officials employees or volunteers shall be in excess of the contractor' insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shal not affect coverage provided to the City, its officials, employees o volunteers. Coverage shall state that the contractor's insurance shall appl, separately to each insured against whom claim is made or suit i brought, except with respect to the limits of the insurer's liabili5 "CLAIMS MADE" POLICIES - If the insurance is provided on a klaims made basis, coverage shall be maintained for a period of three years following thj date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by thi agreement shall be endorsed to state that coverage shall not be suspended voided, canceled, or reduced in coverage or limits except after thirty (30 days' prior written notice has been given to the City by certified mail return receipt requested. 2. a 3. 4. (C) (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - An: deductibles or self-insured retention levels must be declared to anc approved by the City. At the option of the City, either: the insurer shal reduce or eliminate such deductibles or self-insured retention levels a respects the City, its officials and employees; or the contractor shall procurl a bond guaranteeing payment of losses and related investigation, clain administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required under thi agreement shall contain a waiver of all rights of subrogation the insure may have or may acquire against the Ciry or any of its officials o employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements fo each subcontractor. Coverages for subcontractors shall be subject to all o the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer that have a rating in Best's Key Rating Guide of at least A-:V, and art authorized to do business within the State of California and are included ii the official publication of the Department of Insurance of the State o California as allowed under the standards specified in by the City Councj Resolution No. 91-403 . e (F) 0 B:\93CNTS\HLH93019.CNT 2/25/9 2 VERIFICATION OF COVERAGE - Contractor shall furnish the City Wit certificates of insurance and original endorsements affecting coverag required by this clause. The certificates and endorsements for eac insurance policy are to be signed by a person authorized by that insurer t bind coverage on its behalf. The certificates and endorsements are to be i forms approved by the City and are to be received and approved by the Cit before work commences. COST OF INSURANCE - The Cost of all insurance required under th agreement shall be included in the Contractor's bid. (I) e (J) 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall t resolved in accordance with the provisions in the Public Contract Code, Divisic 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which ai incorporated by reference. The contractor shall initially submit all claims ow $375,000 to the city using the informal dispute resolution process described j Public Contract Code subsections 20104.2 (a), (c), (d). Notwithstanding tl provisions of this section of the contract, all claims shall comply with tl Government Tort Claims Act (section 900 et seq of the California Governmei Code) for any claim or cause of action for money or damages prior to filing ar lawsuit for breach of this agreement. Maintenance of Records. Contractor shall maintain and make available at no co to the City, upon request, records in accordance with Sections 1776 and 1812 1 Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does nl maintain the records at Contractor's principal place of business as specific above, Contractor shall so inform the City by certified letter accompanying tl return of this Contract. Contractor shall notify the City by certified mail of ai change of address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wi Section 1720 of the Labor Code are incorporated herein by reference. Security. Securities in the form of cash, cashier's check, or certified check m< be substituted for any monies withheld by the City to secure performance of tl: contract for any obligation established by this contract. Any other security th is mutually agreed to by the Contractor and the City may be substituted f monies withheld to ensure performance under this Contract. Provisions Required bv Law Deemed Inserted. Each and every provision of li and clause required by law to be inserted in this Contract shall be deemed to inserted herein and included herein, and if, through mistake or otherwise, a such provision is not inserted, or is not correctly inserted, then upon applicatii of either party, the Contract shall forthwith be physically amended to make su insertion or correction. 14. a 15. 16. 17. 0 .... B:\93CNTS\HLH93019,CNT 2/25 __ r-m---__L=_i__l WITNESS my hand and official seal. / -y s, 1 L.d.>&/Abk %,fi&’ 27 Li,&lJQ _L----=-_----I- -----_a - 2 Additional Provisions. Any additional provisions of this agreement are set fort in the "General Provisions" or "Special Provisions" attached hereto and made 113. * part hereof. 7-19--9 3 IP\S S€Rq\e,InL* __ 3&mTsrrs Red pB 6 [&>A49 // /-I/&/ v NOTARIAL ACKNOWLEDGEMENT OF Contractor EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) Print Name of Signatory / Sbature of Signatory APPROVED TO AS TO FORM: RONALD R. BALL City Attorney a By: +%& 4 Title - KAREN J. HIRATA Deputy City Attorney d "cl ATTEST: * B \93CNTS\HLH93019 CNT 2/25 L CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT -- CALIFORNIA - OPTIONAL SECTlOl Though statute does not require the fill in the data below doing so n invaluable to persons relying on the i CAPACITY CLAIMED BY RIVERSIDE c] CORPORATE OFFICER($ ELKE H. HAGEN TITLE(S) NAME(S) OF SIGNER(S) personally appeared capacity(ies), and that by h,s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and officiai seal SlGNER IS REPRESENTI NAME OF PERSON(S) OR ENTITY(IES THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT ------ -- __ ____ - __ .-. -- . ,n ----= -- =_= _si-- - - __ -__ ___-___ --I_____. - STATE OF l?$ kc i 11"-11. E! I\ i 1% COMM. H54111 Rotary PublioCaiifornia SAN BERNARDINO COUNTY WITNESS my hand and official seal. ' Signature ! I I c d , w In the event rhaq Cantractor is an individual, it is agreed that the death of any SUI Contractor shail riot exonerate the Surety from its obligations under this bond. ' Executed by CONTRACTOR txs f3 7 ??' Executed by SURETY this 9T$ day.of I da,y of re, , 19s JULY ,11993. i ! I I CONTMCTOR: i SURETY: j i !. j (~amg of Contractor) (Name of Surety) 1 ! IPS SERVICES, SNC. VIGILANT INSURANCE COMPANY , - I 15 MOUNTAIN VIEW ROAD WARREN, NEW JERSEY 07061-j615 I -- By: (Address of Surery) ! ._I Sfi.w\iESJ-J i&€D ' (201) 967-9400 (p.rint name here): (Telephone Number of Surety) I I 1 ! I I g\.G hc 3,- pssswl&s,k; j lp Primed name of Attorney-in-pact j I - cBGrut c W€qEJ?- (atrach corporate resolution showir I (title and organization of signatory) , I I , By: ELKE H. HAGEN -. I I I (p:6nt name here): current power of attorney) 1 c Ldbcr.E w- IPS Swvl~s\~nC (tide and organizafion of signatory) i ! !* j (Proper notarial acknpwledge of execution by CONTWCTOR and SURETY rnus bo atrachedil (President or vice-prbsident and secretary or assistant secretary must sign for corporations; If only 01 offktr signs, the carpbm&~ muse attach a resolution terrified by the secretary or assistant sekerary und ,. I' i I I corporate seal ernpo&ring that officer to bind the corporation.) I I APPROVED AS TO FORM: RCINALD R. BALL' City Attorney : ! ! 9, IbJB- By: . ICAREN $. HIRATA i i I Deputy $;ty ~ttomey br ! I B:\W!NSWLH930 19.CNT 2/29 L ! EXECUTED IN ONE COUNTERPART BOND NO. 89400403 2 PREMIUM $3,394.00 ~ FAITHFUL PEW0WCW-m BOND ' *J < q)- WEIEW, the Cik Council of the City of Carl&ad, State of California, by Resbiution Nc (hereinafter designated as the "Principal"), a Contract forth 1992-93 Streer Chp Seal Prdgram, Contract No. W/M 93-2, in the City of <adsbad, j Document5 now on file in the Office of rhe City Clerk of the City of Carlsbad, all of whic are incorporated herein by this reference. WHEREAS, Principal has executed or is &our to execute said Contract and the tern thereof require thk furnishing of a bond for the faithful performance and warranty of saj Contract; ! NOW, THEREFORE, WE, 1ps SERxcES' INC4,. , as Principz i 1 -m., , ,. . . j , as Surery, are held and firmly bound un10 the City of Cadsbad, in tl sum of Two Hundred 6 ,Eighty Nine Thousand Three Hundred Seventy one ant I i - ag/ioo ), said sum being equal to one hundred percc: (1130%) of the. estimated amounr of the Contract, to be paid to City or its certain attome ! its successors and assigns; for which payment, well and truly to be made, we bix i i ! ourselves, our h&, executors and administrators, successors or assigns, jointly ar ' THE CONDITION /OF THIS OBLIGATION IS SUCH that if the above bowden Contractc their heirs, executors, administrators, successors or assigns, shall in all things stand to ai abide by, and we14 and truly keep and perfom rhe covenants, conditions, and agreemen in the Contract and any alreration thereof made as therein provided an their part, to 1 kepr and performed at the time and in xhe manner therein specified, and in all respec according to their :true inrent and meaning, and shall indemnify and save handess the Ci of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligatic Ai a part: of the dbligation secured hereby and in addition IO the face amount specifi therefor, there shall be included costs and reasonable expenses and feed,, includf reasonable atromefs fees, incurred by the City in successfully enforcing suchi obligatic all to be taxed as ~COS~S and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to t tems of the Conkact, or to the work to be performed thereunder or the speciAcatio accompanying thd same shall affect its obligaiions on this bond, and it does hereby wai notice of any chadge, extension of time, alterations or addition to the tems of the contr; or to the work orjto the specifications. 93-190, -- adopted j Ju1.y 6, 1993 ? has awarded to IPS 5ERVICFS INC. I strict conformity with the contract, rhe drahngs and specifications, and orher Contra{ l I .. i 1 i ! ~ ! (hereinafter desighared as the "Contractor"), and VIGILANT INSURANCE COMPANY 1 Dollars($ 289,371 39 \ 1 ; severally, firmly by these presents. 1. . .._ i i 1 1 ! .- ~ i i' I I i k i j i ! shall become null'and void; otherwise it shall remain in full force and effecr. .. I r I 1 I I ! i 1 I I t.' ,. I : I I i zm I ! i R:'\93CNTS\HLH93019CW i COUNTY OF23wr8k-N e6?0; @e WITNESS my hand and official seal - -- - _-__ ---- __--_--- -_____ -__. -~ _<-----v__ CALIFORNIA - OPTIONAL SECTIO CAPACITY CLAIMED BY Though statute does not require th fill in the data below doing so invaluable to persons relying on the RIVERSIDE ELKE H. HAGEN CORPORATE OFFICER( TITLE(S) personally appeared NAME(S) OF SIGNER(S) capacity(ies), and that by '?*=/heritheir srgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNER IS REPRESENT NAME OF PERSON(S) OR ENTITY(IE' - PE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT c 4 1 m .i. In rhe event that Contractor is an. individual, it is agreed that the death Qf any suc Contractor shall hot exonerate the Surety from its obligarions under this bond. Executed by.CO$TM?OR rhis a'lt7' Executed by SURETY rhis 9Ti day of da~y ,of J9: , 19 w JULY ,1993/. f I 1 I CONTRACTOR: ' SURETY: ~ IPS SERVICES, jINC. VIGILANT INSURANCE COMPANT - (~ame of Contrabtor) (Name of Surety) I 15 MOUNTAIN VIEW ROAD WARREN, NEW JERSEY 07061-1615 I__- By: - %iwO.v #4 6) (201) 967-9400 i (print name here] (Address of Surety) (Telephone of Surety) i By- Aayj; %&&& ! - IPS s&(cg 5, In@ ' ,,.,,_., (title and organiiation of signarmy) Signature of Attorney -Facr ELKE H. HAGEN I . -.,,.: Printed name of Atrorney-in-$act (arrach corporate resolution showir I # current power of attorney) i 0: I mtzu - a ECRS: (title and organidation bf signatory) (Proper notarial acgowiedge of execution by CONTRACTOR and SURETY must be attached-) (President or vice-president and secretary or assistant secretary must sign for corporadon$ If only 61 officer signs, the corF\oration nust attach a resolution certified by thcsccretary vr assistant s+crecary und 4- I ,. i 1 Y t a corporate seal ernpo+ehg hat officer to bind the corporation.) APPROVED AS TO FORM: FICINALD R, BALG ! City Attorney ' 1 1 ! ! By: 2 Id, I REN b. MIRATA Deputy ciry Attorney I I ! ! I i i 1 r i 1 I 0 , B:\$3CNTSVIW93019.CNT i 2/=/ I ------ -. -. I.._. _.._ 'Y, . i .. . ._ - ..__ .. , .__ . _... EXECUTE3 IN ONE COUNTERPART BOND NO. 89400403 PREMIUM -NIL- ,MOR AND MATERIpaLs BOND re a WHEREAS, the City Council of the Ciry of Carlsbad, State of California, by Resolution A 91.-190 , adopted .,July 6, 1993 , has awarded to c IPS SERVICES - (hereinafter designated as the "PrincipaZ"), Contract for the 1 992-93 Stxcer Chip Seal. Program, Contracr No. U/M 93-2, in &e City Carlsbad, in strict conformity with the drawings and specifications, and other Con&- Documents now on Ne in the Office of rhe City Clerk of the City of Catlsbad and all which are hccxporated herein by this reference. WHEW, Principal has executed or is about to execute said Contract and the ten: rhereof require the furnishing of a bond, providing that if Principal or any of tht subconrractors shall fail ro pay for any materials, provisions, provender or other suppIi or teams used in, upon or about the performance of the work agreed to be done, or for ai work or labor done thereon of any kind, the Surety on this bond will pay the same to tl extent hereinafter set forth. NOW, TMEmFORE, WE, Principal, (hereinafter designared as rhe "Contractor"), and !IG1LANT INSURANCE CoMPA - as Surety, are held firmly bound unto the Civ of Carlsbad in the sum L (he Hundrgd Forty Four Thousand Six Hundred Eighty Five and 95llOO D<>llas ($ 1, said sum being fifty percent (50%) of the estirnatc amount payabIe by the City of Carlsbad under the terms of the Coneact, for whiic payment well and truly IO be made we bind ourselves, our heirs, executors ar administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLfGATION IS SUCH that if the person or b.k/hc sui3coniractox-s fail to pay for any rnateriaIs, provisions, provender, supplies, or teams USE work or labor thereon of any kind, or for amounts due under the Unemployment Isuranc Code with respecr to such work or labor, or for any amounts required to be deductec ~ehheld, and paid over to the Employment Development Department from the wages t employees of rhe contracmr and subcontractors pursuant to Section 13020 of tP Unemployment Insurance Code with respect 10 such work and labor that the Surety wi pa:y for the same, not to exceed the sum specified in the bond, and, also, in case suit brought upon the bond, costs and reasonable expenses and fees, including neasonab attorney's fees, tu be fixed by the court, as required by the provisions of Section 3248 ( IPS SERVtCEs INC. J 144,: 685 4 95 0 I in, upon, for, or about rhe perfomance of the work contramd to be done, or for any othc i I i 1 I I 8 the California Civil Code. i / 1 I wii:h Sechion 3082). This bond shall inure to the benefit of any and ail persons, companies and corporatior i eniitled to file claims under Title 1.5 of Pan 4 of Division 3 of the Chd Code (comencin I i i i I 2/25/' 8:\93CN~ILH93019.CNT L I POWER OF ATTORNEY Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain Vlew Road, Warren, New Jersey, a New I tion, has copituted and appointed, and does hereby constitute and appoint William R. Friis, Mark E- Shreckengast and Elke of Rive;side, California------------------------------------------------------------------------------------- * each its true and lawful Attorney-in-Fact to execute under such designatlon In its name and to affix Its corporate seal to and dellver for and on surety thereon or otherwise, bonds or obligations given or executed in the course of its busmess, and consents for the release of retalned percer final estimates In Wltness Whercmf, the said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws. caused these presents to be signed by its Vice-President and Assistant Secretary and its cc hereto affixed this 19th dayof November 19 92 VIGILANT INSUR CE COMPANY By Geo B e Mdlellan Vlce-President *, Asshint ecretary s } ss. STATE OF NEW JERSEY County of Somerset Onthis 19th dayof Koversber 19 92 , before me personally came Richard D O'Connor to me known and by me known to be Assistant Secretary of SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D O'Connor being by me duly sworn, did depose and say that he IS A of the VIGILANT INSURANICE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by author d Company. and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority and that he IS acquainted with George McClellan and knows him to be t Company, and that the Signature of said George McClellan Subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed b) a s and in deponent': presence Notarial Sem Gg i, yg2T@"5?y& Acknowledged and Sworn to before me 2 e -. p3mG i/ Notary Public @&q JE& CERTIFICATION JANET A. SCAVONE! Notary Public, State of I+~CW Jersey Carmission Expircs Ocrow 2, 1994 STATE OF NEW JERSEY ] ss. County of Somerset I%. 2365520 I, the undersigned, Assislant Secretary of the VIGILANT INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its I on June 13, 1974 and most recently amended March 3, 1986 and that this By-Law is in full force and effect "ARTICLE XV Section 2 All bonds, undertakings contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall in the name and on behalf Of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President, jointly with the Secretary or an Assistant Secretary under thl designations except tm any one or more officers or attorneys-in-fact designated In any resolution of the Board of Directors or the Executive Committee. or in any power of attorney execute1 for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney Section 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice-Chairman or the Presic President or an Vice-Pre sident, Jointly with the Secretary or an Assstant Secretary. under their respective designations The signature of such officers may be engraved, printed or lithographed The slgi of the following officers Chairman. Vice Chairman. President. any Vice President. any Vice President. any Secretary. any Assistant Secretary and the seal of the Company may be affixed by facsimilf of attorney or toany certificate relating thereto appointing Assistant Secretaries or Attorneys-in-fact for purposesonlyof executing and attesting bonds and undertakins and otherwritings obligaton thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any sJch power so executed and certified by I signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it IS attached " I further certify that said VIIGILANT INSURANCE COWANI IS duly licensed to transact fidelity and surety business in the State of cAL IF'RN1A , and is to become sole surety on bonds. undertakings, etc perrn,tleo or rGquired by the laws of the United States And 1 furthercertifythattheforegoing Pw~i~fRnorney~snowinfullfo~eandeffect 'e JULY day of GivenundermyhandandthesealofsaidComoanyatWarr~o N J ,this 9 TH ,A * 4g4<# Assistant Secretary Beall Insurance Services 308 UV. State St., Suite 1 B COMPANIES AFFORDING COVERAGE ............................................................................................. ._. ... .......... ................................................................ IPS Services, Inc. P.O. DOX 10458 San Eiernardino, Ca. ........................................................................ POLICY NUMBER LIMITS j EACHOCCURRENCE BODILY INJURY (Per person) PROPERTY DAMAGE 1 UMBRELLA FORM EMPLOYERS’ LIABILITY STREET CHIP SEAL PROGRAM CARLSBAD PROJECT # U/M-92-93 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlL- MAILL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CARLSBAD LEFT,~WX~W~~~~K~ 1200 CARLSBAD VILLAGE DR. ~~~~~~~~ CARISBAD, CA 92008-1 989 NMIED INSURED: IPS SERVICES, INC. PO 1-1 CY N U M BE R CGL49 6 7 8 19 COMMERCIAL GENERAL L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR 0 CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Naime of Person or Organization: CITY OF CARLSBAD (If no entry appears above information required to complete this endorsement will be shown in the Dec as applicable to this endorsement ) WklO IS AN INSURED (Section II) is amended to include as an insured the person or organization sho Schedule. but only with respect to liability arising out of your work' for that insured by or for you 0 e CG 20 10 11 85 Copyright Insurance Services Office Inc 1984 IbYU'W.~clLA~~~~ w m Not Vdid' Unless Signed By A Duly Authorized Represcnkve of The Company. Endorsement Nc Gentsraf Accident Insurance a The Camden Fire 0 Pennsylvania General Potomac Ins 0 Company of America Insurance Association Insurance Company Company of Place af issue Endorsement effective (standard time) Month Day Year Amending policy no. Hour l2 : O1 Issued PO State code Agent code Agent name The above information is not required when this endorsement is issued with the policy. This endorsement is subject 10 all the agreements, conditions, and exclusions of the policy. The policy is as indicated by typewritten entry below. - .. Date of issue TUSTIN, CA. 6/29/93 I 10 1 01 __I 92 BAO 1091 I IPS SERVICESy INC. 04 , 791102 , BEALL FINANCIAL & INSURANCE SERVICES, INC. - COPIMERCZAL AUTOMOBILE AIIDITIQHAL INSURED ENDORSEMEMT OIJNER &/OR CONTRACTOR FOR WHOM THE INSURED DOES WORK XT IS AGREED THAT SUCH COVERAGE AS IS PROVIDED BY TIIE ABOVE FOLTCY FOR LIABILITY FOR BODILY INJURY OR PROPERTY DAIIAGE SHAI APPLY TO COVER CITY OF CARLSBAD PIS AH ADDITIONAL INSURED, BUT ONLY WITH RESPECT TO THEIR I,IABI ~~fllICIl DERIVES FROM OR ARISES OUT OF THE NAMED INSURED'S USE OE V'E€IICLE(S) WICH ARE COVERED UNDER THIS POLICY. ..,.,.9 - Return premium 0 Additional Premium Signa ~1 2 C-7$04 A Rev 7 86 I) - - -- City of Carisbad Purchasing Department e Representation and Certification The following representation and certification are to be completed, signed and returned with proposa REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that: (Check appropriate Ethnic Business Type) I am currently certified by: Certification #: CERTIFICATION OF BUSINESS R EPRES EN TA TI0 N(S) : Mark all applicable blanks. This offeror re( as a part of this offer that: This firm is , is not a mi business. This firm is , is not a w( owned business. i" Native- Asian4 DEFINITIONS: MINO RI'N 8 USINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled 0 by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is awned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). C ER TI FI CA TION: The information furnished is certified to be factual and correct as of the date submitted. WOMAN-OWNED BUSINESS: A woma business is a business of which at least 51 is owned, controlled and operated by a w women. Controlled is defined as exerci power to make policy decisions. Ope defined as actually involved in the dz management. COMPANY NAME NAME ADDRESS TITLE CITY, STATE AND ZIP SIGNATURE a TELEPHONE NUMBER DATE B:\93CNTSVlLH93019 CNT 2/25 21 0 OPTIONAL, ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Tllis Escrow Agreement is made and entered into by and between the City of Carlsba whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaftc called "City" and whos address is -- hereinafter called "Contractor" and - whose address is - hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agre as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of Califormi: the contractor has the option to deposit securities with the Escrow Agent as substitute for retention earnings required to be withheld by the City pursuant t the Construction Contract entered into between the City and Contractor for dated (hereinafter referred to as the "Contract"). Alternatively, o written request of the contractor, the owner shall make payments of the retentio earnings directly to the escrow agent. When the Contractor deposits tE securities as a substitute for Contract earnings, the Escrow Agent shall notify tE City within 10 days of the deposit. The market value of the securities at the tilr of the substitution shall be a least equal to the cash amount then required to t withheld as retention under the terms of the contract between the City an Contractor. Securities shall be held in the name of the , and sha designate the Contractor as the beneficial owner. The City shall make progress payments to the Contractor for such funds whic otherwise would be withheld from progress payments pursuant to the Contra1 provisions, provided that the Escrow Agent holds securities in the form ar amount specified above. in the amount of a 2. a B \93CNTSWLH93019 CNT 2/z/ 2' When the City makes payment of retentions earned directly t0 the escrow agenl the escrow agent shall hold them for the benefit of the contractor until such tim as the escrow created under this contract is terminated. The contractor ma direct the investment of the payments into securities. All terms and condition of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. The contractor shall be responsible for paying all fees for the expenses incurre by the Escrow Agent in administering the Escrow Account and all expenses of th of the City. These expenses and payment terms shall be determined by the Ciq Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held i escrow and all interest earned on that interest shall be for the sole account ( Contractor and shall be subject to withdrawal by Contractor at any time and fro1 time to time without notice to the City. Contractor shall have the right to withdraw all or any part of the principal in tE Escrow Account only by written notice to Escrow Agent accompanied by writte authorization from City to the Escrow Agent that City consents to the withdraw< of the amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default 1 the Contractor. Upon seven days' written notice to the Escrow Agent from tl City of the default, the Escrow Agent shall immediately convert the securities 1 cash and shall distribute the cash as instructed by the City. Upon receipt of written notification from the City certifying that the Contract final and complete and that the Contractor has complied with all requiremen and procedures applicable to the Contract, the Escrow Agent shall release 1 Contractor all securities and interest on deposit less escrow fees and charges 1 the Escrow Account. The escrow shall be closed immediately upon disbursemei of all moneys and securities on deposit and payments of fees and charges. The Escrow Agent shall rely on the written notifications from the City and tl contractor pursuant to Sections (4) to (6), inclusive, of this agreement and tl City and Contractor shall hold Escrow Agent harmless from Escrow Ageni release, conversion and disbursement of the securities and interest as set for above. 3. a 4. -1. E 6. 7. e 8. !? . .... .... .... .... .... e B \93CNTSWLH93019 CNT 2/25, a 31 The names of the persons who are authorized to give written notices or t receive written notice on behalf of the City and on behalf of Contractor i connection with the foregoing, and exemplars of their respective signatures ar as follows: For City: Title 10. 0 Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address e a B \93CNTS\HLH93019 CNT YX 3 At the time the Escrow Account is opened, the City and Contractor shall deliver to th Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper office] on the date first set forth above. e For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title 0 Name Signature Address 0 I3 \93CNTSVILH93019 CNT 2/25 3: RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full for all compensatioi of whatever nature due the Contractor for all labor and materials furnished and for a1 work performed on the above-referenced project for the period specified above with th exception of contract retention amounts and disputed claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ a DISPUTED CLAIMS - DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and releases any claim the Contractor may ham of whatever type or nature, for the period specified which is not shown as a retentio amount of a disputed claim on this form. This release and waiver has been mad voluntarily by Contractor without any fraud, duress or undue influence by any person c entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, an work due Subcontractors for the specified period have been paid in full and that the partic signing below on behalf of Contractor have express authority to execute this release. DATED: 0 PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By: Title: By: Title: a B \93CNTS\HLH93019 CNT 2/25/ 3 SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCI'ION a - 1-1 TEWS To Section 1-1, add: A. Reference to Drawings: Where words ''shown,'' "indicated," "detailed," "noted," "scheduled," or words of sirnil: import are used, it shall be understood that reference is made to the plans accompanyir these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, shall be understood that the direction, designation or selection of the Engineer is intendec unless stated otherwise. The word "required" and words of similar import shall E: understood to mean "as required to properly complete the work as required and i approved by the City Engineer," unless stated otherwise. e C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar imp0 are used, it shall be understood such words are followed by the expression "in the opinic of the Engineer," unless otherwise stated. Where the words "approved," "approval "acceptance," or words of similar import are used, it shall be understood that the approv; acceptance, or similar import of the Engineer is intended. D . Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expens shall perform all operations, labor, tools and equipment, and further, including tl fiirnishing and installing of materials that are indicated, specified or required to mean th the Contractor, at her/his expense, shall furnish and install the work, complete in place a1 ready to use, including furnishing of necessary labor, materials, tools, equipment, a1 transportation. a I3 \93CNTS\HLH93019.CNT 2/25) 3 - 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative - 24 CONTRACTBONDS Delete the third sentence of the first paragraph having to do with a surety being listed 1 the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bor (labor and materials bond) for this contract. The faithful performance/warranty bond shz be in the amount of 100 percent of the contract price and the payment bond shall be the amount of 50 percent of the contract price. Both bonds shall extend in full force ar effect and be retained by the city during the course of this project until they are releast according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the origin amount 35 days after recordation of the Notice of Completion and will remain in full forc and effect for the one year warranty period and until all warranty repairs are complett to the satisfaction of the city engineer. The payment bond shall be released six months plus 35 days after recordation of the Noti of Completion if all claims have been paid. Add the following: All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide at least A-:V and are authorized to conduct business in the state of California and are listc in the official publication of the Department of Insurance of the State of California. e 0 - 2,-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General) add: The specifications for the work include the Standard Specifications for Public Wor - Construction, (SSPWC), 1991 Edition, and the latest supplement) hereinafter designatc "SSPWC", as issued by the Southern California Chapter of the American Public Wor Pissociation, and as amended by the Special Provisions section of this contract. e B.\93CNTSWLH93019.CNT 2/25, 3 The Construction Plans consist of a location listing and map delineating the work area which are further detailed herein. The standard drawings utilized for this project are th latest edition of the San DieKO Area ReRional Standard Drawings, hereinafter designate SIIRS, as issued by the San Diego County Department of Public Works, together with th Ci,ty of Carlsbad Supplemental Standard Drawings. To Section 2-5.3, Shop Drawings, add: Were installation of work is required in accordance with the product manufacturer direction, the Contractor shall obtain and distribute the necessary copies of suc instruction, including two (2) copies to the City. To Section 2-5, add: - 2 -5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set ( transparent sepias, which shall be corrected daily and show every change from the origin; d.rawings and specifications and the exact "as-built" locations, sizes and kinds of equipmen underground piping, valves, and all other work not visible at surface grade. Prints for th purpose may be obtained from the City at cost. This set of drawings shall be kept on tf job and shall be used only as a record set and shall be delivered to the Engineer upc completion of the work. 0 - 3-5 DISPUTED WORK To Section 3-5, Disputed Work, add: All claims by the contractor for $375,000 or less shall be resolved in accordance with tl procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1 (commencing with Section 20104) which is set forth below: a ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS 3 20104. Application of article; inclusion of article in plans and specifications (a) (I) This article applies to all public works claims of three hundred seventy-fi7 thousand dollars ($375,000) or less which arise between a contractor and a local agenc (2) This article shall not apply to any claims resulting from a contract between contractor and a public agency when the public agency has elected to resolve any disputl pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work' has the same meaning as in Sections 3100 and 3106 of the CiJ Code, except that "public work" does not include any work or improvement contracted fi by the state or the Regents of the University of California. B \93CNTSWLH93019.CNT 2/25, 3 (2) "Claim" means a separate demand by the contractor for (A) a time extension, (E payment of money or damages arising from work done by or on behalf of the contractc pursuant to the contract for a public work and payment of which is not otherwise express] provided for or the claimant is not otherwise entitled to, or (C) an amount the paper of which is disputed by the local agency. 0 (c) The provisions of this article or a summary thereof shall be set forth in the plans ( specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 5 20106.2, Claims; requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate ti claim. Claims must be filed on or before the date of final payment. Nothing in th subdivision is intended to extend the time limit or supersede notice requirements otherwi: provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($SO,OOO), the local agency shz respond in writing to any written claim within 45 days of receipt of the claim, or m: request, in writing, within 30 days of receipt of the claim, any additional documentatic supporting the claim or relating to defenses or claims the local agency may have again the claimant. (2) If additional information is thereafter required, it shall be requested and providc pursuant to this subdivision, upon mutual agreement of the local agency and the claiman (3) The local agency's written response to the claim, as further documented, shall 1 s*Jbmitted to the claimant within 15 days after receipt of the further documentation ( within a period of time no greater than that taken by the claimant in producing tl additional information, whichever is greater. 0 (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thrc hundred seventy-five thousand dollars ($375,000), the local agency shall respond writing to all written claims within 60 days of receipt of the claim, or may request, writing, within 30 days of receipt of the claim, any additional documentation supportit the claim or relating to defenses or claims the local agency may have against the claimar (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claiman (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, 1 within a period of time no greater than that taken by the claimant in producing tl additional infomation or requested documentation, whichever is greater. a U \93CNTS\HLH93019,CNT 2/25, 3 (d) If the claimant disputes the local agency’s written response, or the local agency fai to respond within the time prescribed, the claimant may so notify the local agency, i writing, either within 15 days of receipt of the local agency’s response or within 15 daj of the local agency’s failure to respond within the time prescribed, respectively, an demand an informal conference to meet and confer for settlement of the issues in disputc Upon a demand, the local agency shall schedule a meet and confer conference within 3 days for settlement of the dispute. 0 (e) If following the meet and confer conference the claim or any portion remains I dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Sectic 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 ( the Government Code. For purposes of those provisions, the running of the period of tin within which a claim must be filed shall be tolled from the time the claimant submits h or her written claim pursuant to subdivision (a) until the time the claim is denie including any period of time utilized by the meet and confer conference. 2 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subje to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsi7 pleadings, the court shall submit the matter to nonbinding mediation unless waived 1 mutual stipulation of both parties. The mediation process shall provide for the selectic within 15 days by both parties of a disinterested third person as mediator, shall 1 commenced within 30 days of the submittal, and shall be concluded within 15 days fro the commencement of the mediation unless a time requirement is extended upon a go( cause showing to the court. 0 (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratic pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of tl Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Cii Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under ti subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced construction law, and (B) any party appealing an arbitration award who does not obtz a more favorable judgment shall, in addition to payment of costs and fees under tE chapter, also pay the attorney’s fees on appeal of the other party. {i 20104.6. arbitration award or judgment Payment by local agency of undisputed portion of claim; interest on (a) No local agency shall fail to pay money as to any portion of a claim which undisputed except as otherwise provided in the contract. a I$.\93CNTS\HLH93019.CNT 2/25 c1 u (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg rate on any arbitration award or judgment. The interest shall begin to accrue on the da the suit is filed in a court of law. 5 20104.8. Duration of article; application of article to contracts between Jan. 1,195 a and Jan. 1, 1994 (a) This article shall remain in effect only until January 1, 1994, and as of that date repealed, unless a later enacted statute, which is enacted before January 1, 1994, deleti or extends that date. (b) As stated in subdivision (c) of Section 20104, any contract entered into betwef January 1, 1991, and January 1,1994, which is subject to this article shall incorporate th article. To that end, these contracts shall be subject to this article even if this article repealed pursuant to subdivision (a). - 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: PJ1 work shall be under the observation of the Engineer or his appointed representatik The Engineer shall have free access to any or all parts of work at any time. Contract shall furnish Engineer with such information as may be necessary to keep her/him ful informed regarding progress and manner of work and character of materials. Inspectic of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: E-xcept as specified in these Special Provisions, the Agency will bear the cost of testii materials and/or workmanship where the results of such tests meet or exceed tl requirements indicated in the Standard Specifications and the Special Provisions. The cc of all other tests shall be borne by the Contractors. Pit the option of the Engineer, the source of supply of each of he materials shall ' approved by him before the delivery is started. All materials proposed for use may ' inspected or tested at any time during their preparation and use. If, after trial, it is foul that sources of supply which have been approved do not furnish a uniform product, or the product from any source proves unacceptable at any time, the Contractor shall furni approved material from other approved sources. After improper storage, handling or ai other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans ai the SSPWC. Compaction tests may be made by the City and all costs for tests that me or exceed the requirements of the specifications shall be borne by the City. a 0 D \93CNTS\HLH93019.CNT 2/25 3 Said tests may be made at any place along the work as deemed necessary by the Enghee T'he costs of any retests made necessary by noncompliance with the specifications shall b borne by the Contractor. Add the following section: 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans ( specifications upon written order by the Engineer. Any cost caused by reason of th nonconforming work shall be borne by the Contractor. e - 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known record endeavored to locate and indicate on the Plans, all utilities which exist within the limi of the work. However, the accuracy of completeness of the utilities indicated on the Plai is not guaranteed. - 54 RELOCATION A.dd: The temporary or permanent relocation or alteration of utilities, including servii connection, desired by the Contractor for his/her own convenience shall be the Contractoi own responsibility, and he/she shall make all arrangements regarding such work at no co to the City. If delays occur due to utilities relocations which were not shown on the Plar it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties relocate utilities which interfere with the construction, the Contractor, upon request to tl City, may be permitted to temporarily omit the portion of work affected by the utility. TI portion thus omitted shall be constructed by the Contractor immediately following tl relocation of the utility involved unless otherwise directed by the City. a - 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at the time of the project preconstruction meeting a detailed critical path method (CPM) project schedule. This schedule is subject to the review and approval of the City. e B \93CNTSWLH93019 CNT 2/25 L 2. The schedule shall show a complete sequence of construction activities, identifylng work for the complete project in addition to work requiring separate stages, as well as any other logically grouped activities. The schedule shall indicate the early and late start, early and late finish, 5o0/o and 90% completion, and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with the original schedule. The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous version of the schedule. * 3. 4. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, to withhold up to 10% of the monthly progress payment otherwise due and payable to the contractor until the schedule has been submitted by the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. 5. 0 No changes shall be made to the construction schedule without the prior written approv clf the Engineer. Any progress payments made after the scheduled completion date shi not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflictii utilities shall be requirements prior to commencement of work by the Contractor. - 61-7 TIME OF COMPLETION The Contractor shall begin work within five (5) calendar days after receipt of the "Noti to Proceed" and shall diligently prosecute the work to completion within twenty-five (2 consecutive days after the date of the Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. ai sunset, from Mondays through Fridays. The contractor shall obtain the approval of tl Elngineer if he/she desires to work outside the hours state herein. e B .\93CNTSWLH93019.CNT 2/25) 4 Contractor may work during Saturdays and holidays only with the written permission c the Engineer. This written permission must be obtained at least 48 hours prior to sucl work. The Contractor shall pay the inspection costs of such work. - 6-8 COMPLETION AND ACCEPTANCE Add the following: Pill work shall be guaranteed for one (1) year after the filing of a "Notice of Completior and any faulty work or materials discovered during the guarantee period shall be repaire or replaced by the Contractor, at his expense. Twenty-five percent of the faithft performance bond shall be retained as a warranty bond for the one year warranty perioc - 6-9 LIQUIDATED DAMAGES Modify rhis section as follows: If the completion date is not met, the contractor will be assessed the sum of $ per da for each day beyond the completion date as liquidated damages for the delay. An progress payments made after the specified completion date shall not constitute a waivt of this paragraph or of any damages. - 7-3 LIABILITY INSURANCE Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide ( al: least A-:V and are authorized to conduct business in the state of California and are list€ in the official publication of the Department of Insurance of the State of California. - 74 WORKERS' COMPENSATION INSURANCE Add the following: Ad1 insurance is to be placed with insurers that are authorized to conduct business in tl state of California and are listed in the official publication of the Department of Insurani of the State of California. Policies issued by the State Compensation Fund meet tl requirement for workers' compensation insurance. a e B \93CNTS\HLH93019 CNT 2/25) L - 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-wa grading, and building permits necessary to perform work for this contract on City propert in streets, highways (except State highway right-of-way), railways or other rights-of-wa Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. - 7-8 PROJECT AND SIlT MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working da at the City's request. Add the following to Section 7-8: - 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with muffle in good repair when in use on the project with special attention to City Noise Contr Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. a - 7-10 PUBLIC CONVENIENCE AND SAFETY Pdd the following to Section 7-10.4, Public Safety: - 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the wo and shall comply with all applicable provisions of Federal, State and Municipal safety la\ and building codes to prevent accidents or injury to persons on, about, or adjacent to tl premises where the work is being performed. He/she shall erect and properly maintain all time, as required by the conditions and progress of the work, all necessary safeguar for the protection of workers and public, and shall use danger signs warning again hazards created by such features of construction as protruding nails, hoists, well holes, ai falling materials. e B \93CNTS\HLH93019 CNT 2/25, 4 - 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation an Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel bed: far use in the proposed construction project which would be subject to Section 1601 c Section 1603 of the Fish and Game Code, such conditions or modifications establishe piirsuant to Section 1601 of the Fish and Game Code shall become conditions of th contract. - 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. e - 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amoui o F retention. - 18 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perfor necessary surveying for this project. Requirements of the Contractor pertaining to this ite are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveyir service within appropriate items of proposal. No separate payment will be made. Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 5 intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, header sewers, storm drains, and structures (4 corners min.). Rough grade as required to satis cut of fill to finished grade (or flowline) as indicated on a grade sheet. Contractor shall transfer grade hubs for construction and inspection purposes to crown lii base grade of streets as required by Engineer. C:ontractor shall protect in place or replace all obliterated survey monuments as per Sectic 8771 of the Business and Professional Code. Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencii construction of surveyed item. a e 13 \93CNTS\HLH93019.CNT 2/25, 4 - 1'1 WATER FOR CONSTRUCITON T'he Contractor shall obtain a construction meter for water utilized during the constructio under this contract. The Contractor shall contact the appropriate water agency fc requirements. The contractor shall include the cost of water and meter rental withi appropriate items of the proposal. No separate payment will be made. a e a D \93CNTSVILH93019.CNT 2/x/ 4 IV. SPECIFICATIONS FOR 1991-92 STREET CHIP SEAL e 1. The work to be done consists of furnishing all labor, equipment and materials an performing all operations necessary to complete the chip seal work on the streets a specified herein. Traffic control measures including street closures, detours and barricades will be E required in Section 7-5, "Permits", of the Supplementary General Provisions to Standar Specifications for Public Works Construction and in accordance with the approve Traffic Control Plan. No street closures will be permitted without prior approval of tl: Traffic Engineer. The Contractor shall cooperate with local authorities relative to handling traffic throug the area and shall make his own arrangements relative to keeping the working arc clear of parked vehicles. The Contractor shall provide the "No Parking - Tow Aws Zone" signs that are to be posted 72 hours in advance of work. The Contractor sha notify the Carlsbad Police Department at 931-2197 to validate posting of the sip immediately upon placement of the temporary "No Parking" signs. During construction and until the SS-1H seal coat is applied, vehicle speed shall 1 posted at 25 M.P.H. by the Contractor using C17 signs. Full compensation for all work involved in dust control, the traffic control plan, tl furnishing, installation and removal of temporary barricades, construction sign warning signs or any device for the temporary control of traffic or safety of the worker including flaggers, shall be considered as included in the contract price for the varioi bid items in the Bid Proposal and no additional allowance will be made therefore. Where screenings are being spread on a traffic lane, C6 "Loose Gravel" and C17 Y M.P.H." signs shall be placed adjacent to the outside edge of the traveled way neare to the lane being worked on by the Contractor. The first C6 sign shall be placed whe the screenings begin with respect to the direction of travel on that lane. The signs sh: be placed at maximum 300' intervals on residential streets and 500' on major stree along the edge of traveled way and at on-ramps and public roads or streets entering tl chip seal area as directed by the Utilities and Maintenance Director and as indicated ( the approved Traffic Control Plan. 2. 3. 4. 5. 6. 0 D \93CNTSWLH93019.CNT U/M Rev. 4/19) 4 7. The C6 and C17 signs shall be maintained in place at each location until final sweepir or brooming of the seal coat surface at that location is performed and traffic stripe in place. The C6 and C17 signs shall conform to the latest edition of the Caltrar Manual of Traffic Controls. The signs may be set on temporary portable supports wil the speed sign below the C6 or on barricades with the speed sign alternating the C sign. 8. Full compensation for furnishing, placing, maintaining, and removing C6 and C17 sigr and temporary supports or barricades for the signs shall be considered as included the contract prices paid for the chip seal and no separate payment will be ma( therefore. Before spreading any binder that would obliterate existing lane delineation, tl Contractor shall place temporary plastic reflective markers on the existing delineatio The markers shall be placed not more that 48 feet apart on tangents and not more thz 24 feet apart on curves. Temporary delineation shall be placed only so far in advanc of seal coat operations as may be required for each day's work. Temporary plastic reflective markers shall be Davidson Products Co., "Temporary La1 Line Markers", or an approved equal. Markers shall be yellow or white as directed E the Traffic Engineer. Installation shall be accomplished by removing the cover from the adhesive, placing tl marker on the existing lane lines, and applying foot pressure to the marker to ensu complete contact between the adhesive and existing surfacing. 12. When traffic lanes on both side of the marker have been sealed or at the end of tl day's work, the covering of the reflector shall be completely removed and disposed c The temporary marker shall be maintained in place and clearly visible from bo directions of traffic until permanent lane delineation is placed. The contract lump sum price paid for temporary markers shall include full compensatic for furnishing all labor, materials, tools, equipment, and incidentals, and for doing : the work involved in placing temporary plastic reflective markers, complete in plac and no addition compensation will be allowed therefore. The Contractor will be required to supply the following materials and services as pa of this project: A. materials, labor and equipment necessary to accomplish the application and rolh 0 9. 10. 1 1. 13. 14. of the chip seal coat as specified herein a B \93CNTSWLH93019.CNT U/M Rev. 4/19) 4; B. labor and equipment necessary to accomplish total sweeping of loose chips from thc project streets in accordance with the following sweeping schedule: - The 1st sweeping shall commence the day of the application of oil. - The 2nd sweeping shall commence twenty-four (24) hours after the firs sweeping. The 3rd sweeping shall commence forty-eight (48) hours after the seconc sweeping. - The 4th and final sweeping shall commence seven (7) calendar days after thi application of oil. At that time, the SS1-H seal coat shall be applied. This wil require re-posting of the temporary "No Parking - Tow Away Zone" signs. Care shall be taken to maintain a surface free of loose screening, yet sweeping shall no be performed in such a manner that screening set in the binder will be displaced. 16. All Excess screening removed from the project streets will be hauled and disposed of b the Contractor at no additional/separate cost to the City. All curb returns at intersections shall be chip sealed at the time that the street is chi sealed. Contractor will be responsible for keeping the sidewalks and driveway approaches frc of loose chips in the construction area until seal coat is applied. Asphaltic emulsion shall be Type RS-2 grade with a liquid rubber latex additive. Seal coat (rubber latex) shall be medium fine (5/16" x No. 8 size of screening) an shall conform to Section 37-1, "Seal Coats", of the Caltrans Standard Specifications an the special provisions of this document. The liquid rubber latex additive shall conform to the following requirements whe sampled and tested in accordance with ASTM Designations: Dl416 and D1417: a - 15. 17. 0 18. 19. 20. 21. Asphaltic Emulsion Grade Used ........ RS2 Type of Latex ................. Anionic Monomer Ration, Butadiene/StyrenZ3 ? 5/27? 5 Solids Content, Min. O/o ............... 67 Solids Content, Min. lbs./gal. ......... 5.0 Caoglum on 80 mesh screen, Max. Yo .... 0.1 pH of latex .................. 9.4-10.5 Surface Tension, dynes/cm. ......... 28-42 Brookfield Viscosity, cps (Max.) ....... 2000 0 B \93CNTS\HLH93019.CNT urn Rev. 4/19, 4 The liquid rubber latex shall be added to the asphaltic emulsion in accordance with on of the following: - At the source where the asphaltic emulsion is manufactured - By injecting liquid rubber latex into the line used to transfer asphaltic emulsion fro1 the storage tank to the distribution truck - The injection system shall contain metering device capable of volumetric measurement. 22. e 23. Immediately following the application of the bituminous binder, it shall be covered wit dampened screenings. The chip spreader shall be a minimum of ten (10) feet, but new more than fifty (50) feet behind the bituminous binder distribution truck. 24. The Contractor shall furnish a minimum of 2 rubber-coated vibratory drum rollei conforming to Dynapac CA 25AR or approved equal. An operator shall be provided fc each piece of equipment. The Contractor shall also furnish one pneumatic-tired roller conforming to tk provisions of Section 39-5.02, "Compacting Equipment", of the Caltrans Standar Specifications. An operator shall be provided for the piece of equipment. Rolling shall consist of three (3) complete coverages with rubber-coated vibratory dm: rollers and shall begin immediately behind the spreader. The initial roller shall close follow and never be more than fifty (50) feet behind the chip spreader when chips ai being spread. All trucks hauling chips shall be equipped with a permanent hitch that will fit tl pulling device on the self-propelled chip spreader. As part of project clean-up, the Contractor will be required to sweep the project stree according to the schedule. The Contractor will then be responsible for removing exce screening from the streets and sidewalks. The excess chips obtained from the sweepir operations will be the property of the Contractor, who will be required to dispose 1 them. Payment for chip seal will be paid for at the contract price per square yard, except th no addition payment will be made for salvaging the excess screenings and hauling the to a designated dump site, and any costs associated with the chip seal operation shou be included in the unit bid price of the work. 25. 26. a 27. 28. 29. e I3 \93CNTS\HLH93019CNT UfM Rev. 4/19) 4! Before delivery of materials, certified copies in triplicate of the reports of all require( tests shall be submitted to and approved by the Utilities and Maintenance Director. Thl testing shall have been performed where indicated in this specification at th ContractoJs expense by an independent laboratory approved by the Utilities an1 Maintenance Director. Materials shall be delivered to the site in an undamaged condition. The materials sha be protected against damage and stored in a location approved by the Utilities an Maintenance Director. Defective or damaged materials shall be replaced by th Contractor at no expense to the City. The chip seal shall be applied only when the existing surface is clean and free of visibl moisture. Chip seal shall be applied only when the pavement is above 60" F and risin unless otherwise directed. The chip seal shall have a homogeneous appearance, fill a surface voids and penetrate cracks, adhere firmly to the surface, have skid-resistar texture and be clear of loose chips. The cover aggregate shall consist of crushed stone, or gravel or both. It shall E thoroughly clean and free from deleterious matter. It should be essentially one sizc sharp, and mostly conform to the following gradation requirements as determined E California Test Method No. 205: 30. a 31. 32. 33. a A. Sieve Size Percentane Passing Medium 5/16 x No. 8 3/8" 100 No. 4 30-60 No. 8 0-1 5 No. 16 0-5 No. 30 0-3 No. 200 0-2 U/h¶ Rev- 4/19) e I3 \93CNTS\HLH93019.CNT 5( The percentage passing the #200 sieve shall be as close to 0 as feasible tc mitigate dust after application. Screenings shall be non-cubical in nature an( shall also conform to the following quality requirements: B. a California Test 1. Test Method No. Requirement Loss in L.A. Rattler Test (After 100 Rev.) 211 10% Max. (After 500 Rev.) 21 1 40% Max. Film Stripping 302 25% Max. Cleanliness Value 22 7 75% Max. 2. The Contractor shall, upon being notified of selection to do the work, subrri a ten-pound sample of screenings proposed to be supplied to the Utilities an Maintenance Director. Samples which, in the opinion of the Utilities an Maintenance Director, would result in excessive stripping shall be rejectec The bituminous binder shall be asphaltic emulsion high velocity, Type RS-2 conforming to ASTMS D977-69, or AASHO M-140, with latex rubber additivf The approximate rate of application of the combined asphaltic emulsion an latex rubber additive shall be 0.30 gallons per square yard and cover aggregat shall be approximately 22 pounds per square yard. The temperature at the time of application shall be not less than 150" F nc more than 180" F. The emulsion shall be SS-1H Anionic Emulsion Seal Coat and shall be mixed o a one part to one part ratio. The emulsion shall be applied at a rate of .1 gallons per square yard. The emulsion shall not be applied until a minimum of one week has passe since the application of the oil or at the direction of the Inspector. Before applying the emulsion, the street shall be swept again to insure that a loose aggregate possible has been removed. The temperature at the time of application shall be not less than 100" F nc more than 190" F. 34. A. B. e C. 35. A. B. C. D. e I3 \93CNTS\I<LH93019.CNT U/M Rev. 4/19/ K c 36. The second posting of "No Parking - Tow Away Zone" signs and the second sweepiI are considered as incidental to the work and no additional payment shall be ma( for these items. A. a 37. The latex rubber additive, ultrapave 70 latex, as manufactured by Texti Rubber & Chemical Co., 14241 E. Alondra Boulevard, La Mirada, Californ 10638, or approved equal shall be used. The percentage of latex to be added to the emulsion shall be approximately 2 percent of the emulsion by volume (25 gallons of latex to 1,000 gallons emulsion). Mixing requirements shall comply with recommendation of lat manufacturer. Latex rubber additive shall be added to distributor not more than one hour pri to time of application. In the asphaltic emulsion binder distributor truck, at the time the rubber lat is added, the temperature of the emulsion shall be between 150" F and 180" and the recirculating pump shall be running. The mixing shall continue for least 20 minutes or as directed by the manufacturer. B. C. D. 37. All work shall be done in accordance with the Contract documents, Spec Provisions and these specifications. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee tk the entire work will meet all requirements of this Contract as to the quality materials, equipment, and workmanship. The Contractor, at no cost to the Cii shall make any repairs or replacements made necessary by defects in materia equipment, or workmanship that become evident within one (1) year after the dz of recordation of the Notice of Completion. Within this one (1) year period, t Contractor shall also restore to full compliance with the requirements of tl Contract any portion of the work which is found to not meet those requiremen The Contractor shall hold the City harmless from claims of any kind arising frc damages due to said defects or non-compliance. Materials and equipment shall be so stored as to insure the preservation of thi quality and fitness for the project. incorporated in the project shall be located so as to facilitate inspection. The Contractor shall make all repairs, replacements, and restoration within ten (1 work days after the date of notice by the Utilities and Maintenance Director. Fail1 to comply could result in forfeiture of the Performance Bond. 38. 39. Stored materials and equipment to 40. a fl.\93CNTS\HLH93019.CNT U/M Rev. 4/19 5: Before ordering any materials or doing any work, the Contractor shall verify a1 measurements, dimensions, elevations, and quantities. No extra charge o compensations over and above payment for the actual quantities of the various item of work will be allowed because of difference between actual measurements dimensions, elevations, and quantities and those indicated in the specifications; o if certain items of work have not been included in the Bid Proposal. Any differenc therein shall be submitted to the Utilities and Maintenance Director for consideratioi before proceeding with the work. A. 41. a 42. The Contractor will provide and install "Tow Away No Parking" constructio signs, #TC-R 30-S, for use in posting streets in advance of work. Signs shall b placed at least 72 hours prior to commencement of work. Signs shall be pose at intervals of not more than 100 feet on both sides of the block affected by th work. Tow-away of any vehicles in violation of the "No Parking" signs will be handle by the Carlsbad Police Department. The City assumes no liability in connectic with movement of vehicles by the Contractor. Temporary signing shall be removed as soon as the streets are ready to receii traffic and are accepted by the Utilities and Maintenance Director. Notwithstanding any other or concurrent notification by the City of pavir operations, the Contractor will notify residences and businesses of street closui utilizing a notification method approved by the Utilities and Maintenant Director. Notices shall be left on or at the front door of each dwelling or commercial un abutting the street to be surfaced. This shall be done two (2) days prior 1 placement of "NO Parking" signs. The Contractor shall be required to inse dates and estimated times of closing and reopening streets to local traffic. If tl work is delayed or rescheduled for any reason after placement of "No Parkin signs or distribution of notifications letters, the Contractor shall re-date the sig affected and redistribute notifications letters. B. C. ' 43. A. B. 44. Payment for the placement of the "No Parking" signs and notices shall be consider1 included in the bid price paid for chip seal and no additional payment will be mal therefore. a 13 \93CNTS\HLH93019.CNT U/M Rev- 4/19, 5 All manholes, water valves and monument covers shall receive a heavy coating of parting agent prior to the application. After the screening has been applied an cured, the Contractor shall remove all material attached to the covers. The Contractor shall be responsible for the removal of all existing raised pavemer markers in the work ares. Full compensation for the removal shall be considered i the Contract price paid for the chip seal work and no separate payment will be mad therefore. TRAFFIC STRIPES AND PAVEMENT MARKINGS 1 e 45. e 46. 1. Standard Specifications referred to regarding traffic stripes and paveme1 markings are those in the latest edition of the Caltrans Standard Specificatior and any changes thereto. Painting traffic stripes (traffic lines) and pavement markings (legend) sha conform to Section 84-1, "General", and Section 84-3, "Painted Traffic Strip( and Pavement Markings", of the Standard Specifications and these specification Control of alignment and layout shall be the responsibility of the Contractor an subject to approval by the City Traffic Engineer. Layout for striping and tf symbol of the pavement marking (legend) on resurfaced roads shall be based o existing striping and pavement legends or revisions supplied by the Traff Engineer at the Preconstruction Meeting. All pavement marking (legend) sha match the Carlsbad Streets Department stencils. (Caltrans standai specification) Section 84-3.02, "Materials", of the Standard Specification is amended to rea( Paint for traffic stripes and pavement markings shall conform to the followir State Specifications: PAINT STATE 2. 3. e 4. SPECIFICATION NUMBER Rapid Dry Water Borne - White and Yellow 801 0-61 G-30 5. 6. Glass beads shall conform to State Specification No. 8010-51j-22 (Type 11). Copies of State Specifications for traffic paint and glass beads may be obtain€ from the Transportation Laboratory, P.O. Box 19128, Sacramento, CA 9581' (916) 739-2400. 7. The use of solvent borne paint shall be prohibited. a I3.\93CNTS\HLH93019.CNT U/hl Rev. 4/19/ 5 8. 9. Thinning of paint will not be allowed. Paint shall be tested prior to use or the manufacturer shall provide the Utilitic and Maintenance Director with a Certificate of Compliance in accordance Wit the provisions of Section 6-1.07, "Certificates of Compliance", of the Standai Specifications. Said certificate shall certify that the paint complies with tl specifications and that paint manufactured to the same formulation and procei has previously passed State testing. A list of manufacturers that have producc paint meeting State specifications is available from the Transportatic Laboratory. (Material supplied by manufacturers other than those that ha1 manufactured approved paint will require complete testing. All costs associatt with material testing shall be borne by the Contractor.) a 10. The first coat of paint for traffic striping and pavement markings shall 1 applied after the seal coat is applied. The second coat shall be completed I later than 4:OO p.m. the following day. 11. The Contractor will not be required to paint the 3-inch wide black stri] between the two 4-inch yellow stripes of a double traffic stripe. 12. The Contractor shall be responsible for maintaining safe traffic operatic through the work area. e U/h4 Rev. 4/19, a f3 \93CNTS\HLH93019.CNT 5.' STREET LISTING for 1991-92 STREETS CHIP SEAL PROGRAM * Estimated Qua Ss. Yds. TO I 1 - STREET FROM EL CAMINO REAL La Costa Ave Palomar Airport Rd 141,453 1,2 ALGA RD El Camino Real Melrose Dr 89,128 81 PI0 PIC0 DW Tamarack Ave Las Flores Dr 27,578 28 CARLSBAD BLVD* Palomar Airport Rd south City limits 58,667 - 5, TOTAL: 316,826 2,8 * southbound #1 & #2 traffic lanes only a U/M Rev. 4/19) * D \93CNTS\HLH93019.CNT NOOjcoOr-OO~OCOO omCDcD0 co r CON -16 bN iL*F-r-7 co- F- cui N cui p r Y- Od e krn mmmoCOwmoco~ooo 7- *lo N l- 5; z!? L' --lc Ill +W -1 7- 0 0 0 N d. d. 0 7-0000 b Lo? n a crl aa >wa v) '1 1 I J nL am m5 3 w 3: 32 0 a a n 2 crl h c3 as a GI W v3 a 3r 0: ah2 2 l i 1 l a 0 I 1i 5, 3 I Oil/ v)l I I I n Ilil ! VI 0 vim o OIN oio~o ooocoo 71 a 2 I a ox 0 2 am v) a "k u) 0s- 1 ! I 0 LL a - ~ - Et- 5 -1 < a N (D (D 0 0 -4- co 0 d.oo-4-0 a 7 * -1 I a I, > nz U m - 1 sf? a L I11 ij aEg $ I so az 2 i m as - 2 i m :: NT-N m w (D 0 0 d co o 0 ~0000 m 0 n1 0 -1 + :I 2 L a5 I 0' 3 02 Ok a zs- a a L - 5: -I W a I1 ~'II I 1:'l I :I $1 ~lil~ 1' 1 I! I a EiYl I l5bw !I 1 z a g3 '111 11 l 1 llbl i a' 1 I I1I E zI W 0 hIa rL 2 1, =I nl- 131 1; LE a UY g2 a121- v)=nY) -1- .c 1l xv)~w~a WZ~O zo4 0 ?le e (3 x 13 w cf arw z 1;v) v) ZI~ (I) LL OZ-~OF 1 G 02 a t-i y- 1 n ezcp t-w 6: 2;g = n aa 31 r E 01 g, - mi .L 2 2 a ni .- m0 cn a 01 a cn ctl cl 3 Dl 3: 0 r3 z a 2s a, Y a: nk ox 0 2 d 05 - b m - am cn ai W m al -la: o 5 ai 2 2 32 n U m W Y 0 U- m - 2, I- E -1 52 a .- 2 ULg E 0 a$ - 9 Yo 2 H -l z &JJ 0 l-i crz cc c 0.2 a, Zm3g HI g ai o 01 (j i:l 2 e nz N m aE I m m z - 0 oommmcoooo 0 aarm dm CVr 7 m 43 a- meom0 cua ujcu" d +cu"dco" 000000000 m70a om mrmr om cur m* CO, I J! 6 cui c\icu'o-d b la 000000000 Lo Lo b -7-a-N 0- m-oo Lo- a- Lo I y 1 ll! 7 7 Ill I 11 I ill I I 01 I l I ! b- 1 g1 O/ O! O !*I 1 1 I 00000 I' 0 0 0 0,g g 0 010 0 Lo om cu_ 1 a! 0- :' 1 Gi c\l Lo- 1 ;- 7- b- iz j I II a,' I I I' I 01 oIg oIg $010 01 OI a I1 z io ~i ;I :ii!ll I Hi I Q ?I 51 y1 2 rl l"1 wcn-lw ~ 61 Ll 2 gI El 21 1 1 I 4 t- w Y /I 111 I !I I liii~ $ 3 I1 I 2; 3 A>355b I &la > 0 w=ILLJ= > m 3,aa3w3w3-J OY3- Y= IO acncn;tmcoGNcn a a a U/M Rev. 4/15 NOSCALE AREA UF CHIPSEAL 1991-92 CHIP SEAL u/M Rev. w191 Now a e U/M Rev. 4/1 - June 20, 1994 IPS Services, Inc. P.0. Box 10458 Sari Bernardino, CA 92423-0458 Re: Bond Release - 1992-93 Street Chip Seal Program - Contract No. U/M 93-2 The Notice of Completion for the above-referenced project has recorded. Therefore, we art hereby reducing the FaiW Performance Bond to 25% of the original amount. Pleasf consider this letter as your notification that Vigilant Insurance Company Faithfu Performance Bond No. 89400403 is hereby reduced from $289,371.89 to $72,342.97. A copy of the recorded Notice of Completion is enclosed for your records. Enc. C: Heidi, Oak Vigilant Ins. Co. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 e Recording requested by: When irecorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 CITY OF CARLSBAD 1088 Space above for Recorder's Use @ e v - , .,,24;:..* 2X’ b‘ c *.,I 6 .$h<, _.