Loading...
HomeMy WebLinkAboutJC Baldwin Construction; 1994-09-15; 3385of Carlsbac April 13, 1995 J.C. Baldwin Construction Company 1561 Neptune Avenue Leucadia, CA 92024 Re: Bond Release - Contract No. 3385 - Buena Vista Creek Concrc Channel Repair (East of El Camino Real) The Notice of Completion for the above-referenced project 1 recorded. Therefore, we are releasing 75% of the Performance Bor Please consider this letter as your notification that $77,889.; of First National Insurance Co. of America Performance Bond 1 5784823 is hereby released. A copy of the recorded Notice of Completion is enclosed for yc records. &x+ / Assistant Ci Clerk Enc. c: Rita, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2 --- 6 I* L Recording requested by: ) 1 CITY OF CARLSBAD ) ) 1 City Clerk ) City of Carlsbad ) Carlsbad, CA 92008 1 When recorded mail to: ) 1200 Carlsbad Village Dr. ) Space above for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafl described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, CA, 920C The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed t November 16, 1994. The name of the contractor, if any, for such work of improvement is J.C. Baldwin. The property on which said work of improvement was completed is in the City Carlsbad, County of San Diego, State of California, and is described as follows: Bue Vista Creek Channel Repair. The street address of said property is H 8. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbl , 19s accepted. California, 92008; the City Council of said City on JA~Ju C1RV above described work as completed and ordered that a Notice of Completion be filed. 2 4 I declare under penalty of perjury that the foregoing is true and correct. Executed on &-LUIW 25 , 19 ?*-at Carlsbad, California. CITY OF CARLSBAD ALETHA L. RAUTENKRANZ \ City Clerk IT I I I I I 1 I I I I I 0 1 I I I I CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR REPAIR OF BUENA VISTA CREEK CONCRETE CHANNEL EASTOFELCAMINOREAL I CONTRACT NO. 3385 I 02/16, TABLE OF CONTENTS I’ 4 s 1 I II I I 8 Itern Pac NOTICE INVITING BIDS ........................................... I CONTRACTOR’SPROPOSAL ........................................ BIDDER’S BOND TO ACCOMPANY PROPOSAL .......................... 1 DESIGNATION OF SUBCONTRACTORS 1 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................. 1 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .......... 1 ............................... P NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .............................. 1 CONTRACT . PUBLIC WORKS ...................................... 1 LABOR AND MATERIALS BOND 2 PERFORMANCEBOND ........................................... 2 REPRESENTATION AND CERTIFICATION 3 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION ................................. 3 RELEASEFORM 3 .................................... ............................. ............................................... I SPECIAL PROVISIONS I 1 I I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ............................ 3 11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTION FOR CONSTRUCTION MATERIALS ................... 4 111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTION FOR CONSTRUCTION METHODS .................... 4 CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMENT REGARDING PROPOSED STREAM APPENDIX 1: OR LAKE ALTERATION 1-1 THROUGH 1- I I 1 I .................. 02/16/5 @ 1 K-7 I' 1 I I I 1 I I I I 1 I B 8 1 I 1 1 @ CITY OF CARLSBAD, CALIFORNIA I NOTICE J"G 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 30th day of June, 1994, at which time they will be opened and read, for performing t1 work as follows: REF'AlR OF BUFNA VISTA CREEK CONCRETE 0HA"EL EAST OF EL CAMMO REAL CONTRACT NO. 3385 The work shall be performed in strict conformity with the specifications as approved by tl City Council of the City of Carlsbad on file with the Engineering 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 Worl 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-own€ businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators ar- 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 require by law. The bidder's security of the second and third next lowest responsive bidders ma be withheld until the Contract has been fully executed. The security submitted by all othc unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aftf the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectio 22300), appropriate securities may be substituted for any obligation required by this notic or for any monies withheld by the City to ensure performance under this Contract. Sectio 22300 of the Public Contract Code requires monies or securities to be deposited with tE 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: 1 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit U16P L All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1 12,680. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: Soils Grouting, Slurry Trench Cut-Off Wall, Soil Stabilization Contractor, "C61/D43" License, in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 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 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will be held at the project site, at 9:OO a.m., on June 16, 1994. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. 2/16/94 @ 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 fo 1. 1 the Contractor. I Bidders are advised to verify the issuance of all addenda and receipt thereof one day prio to bidding. Submission of bids without acknowledgment of addenda may be cause o 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 (50%), respectively, of the Contract price will be required for work on this projeci These bonds shall be kept in N1 force and effect during the course of this project, and shal extend in full force and effect and be retained by the City until they are released as statec in the Special Provisions section of this contract. All bonds are to be placed with a sure? insurance carrier admitted and authorized to transact the business of insurance i~ California and whose assets exceed their liabilities in an amount equal to or in excess o the amount of the bond. The bonds are to contain the following documents: 1) I I 1 1 I i 1 8 1 An original, or a certified copy, of the unrevoked appointment, power of attorney by laws, or other instrument entitling or authorizing the person who executed thc bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurancc commissioner. 2) If the bid is accepted, the City may require a financial statement of the assets and liabilitie of the insurer at the end of the quarter calendar year prior to 30 days next preceding thc date of the execution of the bond. The financial statement shall be made by an officer' certificate as defined in Section 173 of the Corporations Code. In the case of a foreigr insurer, the financial statement may be verified by the oath of the principal officer o manager residing within the United States. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke: Rating Guide of at least A-:V, and (2) are authorized to transact the business of insurancc in the State of California by the Insurance Commissioner. Auto policies offered to meet thc specification of this contract must: (1) meet the conditions stated above for all insuranct companies and (2) cover any vehicle used in the performance of the contract, used onsitf or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled The auto insurance certificate must state the coverage is for "any autott and cannot bf limited in any manner. Workers' compensation insurance required under this contract must be offered by i company meeting the above standards with the exception that the Best's rating conditio1 is waived. The City does accept policies issued by the State Compensation Fund meetint the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. A~J additional cost of said insurance shall be included in the bid price. 1 8 t 8 I I 64 I 2/16/9~ 4 The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 94-116 , adopted on the 26 day of April ,1994. &A4 Date 2/16194 83 CITY OF WBAD REPAIR OF BUENA VISTA CREEK CONCRETE CHANNEL EAST OF EL CAMIN0 REAL CONTRACT NO. 3385 CONTRACI'OR'S PROPOSAL I. H 8 I I 1 8 I I E i I 2 Clearing & Grubbing at 1LS I I 8 1c 1 69 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 th 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 t complete Contract No. 3385 in accordance with the Plans and Specifications of the City c Carlsbad, and the Special Provisions and that he/she will take in N1 payment therefor th following unit prices for each item complete, to wit: - -- Item 2Zn%- Price Unit - No. Description and Unit , 1 Mobilization and Preparatory Work 1LS 3 Steel Sheet Piling 1,512 SF 1 (Final Quantity in Place) at P 4 Concrete Anchors at 60 EA 2J1619 ir a vc v: C;@v ,f-J.- &2 r/: Addendum(a) No(s). proposal. The Undersigned has checked carefully all of the above figures and understands that thi City will not be responsible for any error or omission on the part of the Undersigned ii i preparing this bid. has/have been received and is/are included in thi I' 1 1 I I 8 I t R I I 1 I I 1 I 69 The Undersigned agrees that in case of default in executing the required Contract wit1 necessary bonds and insurance policies within twenty (20) days from the date of award o Contract by the City Council of the City of Carlsbad, the proceeds of the check or bonc accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensec to do business or act in the capacity of a contractor within the State of California, valid licensed under license number classification b+ which expire e and correct and has the legal effect c and that t A bid submitted to the City by a Contractor who is not licensed as a contractor pursuan to the Business and Professions Code shall be considered nonresponsive and shall bc rejected by the City. 9 7028.15(e). In all contracts where federal funds are involved, nc 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 9 20104. The Undersigned bidder hereby represents as follows: li 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 par 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 (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. 1 2/16/94 U The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) (2) Name under which business is conducted Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State Zip Code Telephone No. 2/16/94 @ State of CALIFORNLA SAN DIEGO JOHN G. MALONEY, NOTARY PUBLIC YAME TITLE OF OFFICER E C, aANE DOE NOTARY PUBLIC JAMES C. BALDWIN I - PRE ST DENT personally appeared >! Q personai~y known to me - OR - proved to me on tile basis of satisfactory evidence to be the person(s) whose narne(s) $dare : subscribeci .c tne within i~strurnen~ and ac- b Ll ~~.TTOWMY-~PJ-FACT knowiedgec: to me that /~e/si~e/tne\r executed 1 2 TRUSTEEISI the saqe IP his/her/fheir authorized ; c ~~A~,CI,~,\I:CO~\IE~\ 1 2 o-rHm capac!?y:iesj, and [hat by hisiheritheir signature(s) on the instrument the person(sj, 1 or the enilly u~on behalf of wllich the I perso;.(sj acied, executed ihe instrument ! hAMF(S) OF SIGZEH S TITLE~S I r DA9TNE:?(S) 3 LIh 7 GE I-! i -*.&-%LA5 _-__ --___-______ __ - ______ __._ ~ - __ ___. TIHE DOCUMENT DESCRIBED AT RIGHT ~~UMBEH OF PAGES DATE OF ~OCUTE~- IF A CORPORATION, SIGN HERE: I' I 1 i 1 1 1 I I 1 1 I I I 1 1 8 @ ch business is conducted Impress Corporate Sed her 1 (4) Place of Business UW ~dd;-sS 25'69 -Z*p/q &v f-4 &u/ 04 ?2ooB 6/ 9- 4 sq- NOTARIAL ACKNOWLEDGEMENT OF EZEXUTION BY ALL SIGNATORIES MUST B 1 ATTACHED I List below names of president, vice president, secretary and assistant secretary, if' 2/16/5 1u BIDDER'S BOND TO ACCOMPANY PROPOSAL, KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and 2 as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, OUT heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bovnden Principal for: REPAIR OF BUENA VISTA CREEK CONCRETE CHANNEL EAST OF EL CAMIN0 REAL CONTRACT NO. 3385 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. .... .... I .... i L .... .... .... .... .... .... .... ' ir .ts .... 2/16/94 @ + x. BKDDER’S BOND TO ACCOMPANY PROP.0SA.L KNOW ALL PERSONS BY THESE PRESENTS: That we, CONSTRUCTION COMPANY , as Principal, and COMPANY OF AMERIC as Surety arc held and firmly bound unto the City of Carlsbad, California, in an amount 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 E admitlistrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOlNG OBLIGAl’ION IS SUCH that if the proposal of 1 above-bounden Principal for: J.C. BALDWIN FIRST NATIONAL IN TEN PERCENT OF GREATER AMOUNT BID------------------ ( 10% ) - REPNR OF BUENA VISTA CREEK CONCRETE CHANNEL FkX OF EL C’XMINO REAL CONTR(\CT NO. 3385 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly en into and execute a Contract including required bonds and insurance policies within twei (203 days from the date of award of Contract by thc City Council of the City of Carlsb, being duly notified of said award, thcn this obligation shall become null and va otherwise, it shall be and remain in full force and effect, and the amount specified hen shall be forfeited to the said City. -... .... .... ..*. ..., ..__ ,... .... .... .... .*.. 2/16 @ -. L- - 1 .- c -___ state of CALIFORNIA County of SAN DIEGO NAME -1T.E OF OFFICER E G JANE DOE NOTARY PUBLIC ”! COPPOWTE GFFlCi peisonaily appeared- JAMES C . BALDWIN, HELEN MALONEY - PRESIDENT personally known to me - OW - proved io me on t~le basis of szils+aCtoiy evidence 2 13 be the oerson(s) wnose name(s) is/arz 1 subscribed to the w:ihin instrgrnent and ac- i ,I C& hAMEIS) OF SIGZER SI TITLEfS, I z z PPRTW‘I(S) c i’l c GI 2 ATTORNEY-IN =ACT capacityjies), and that by his/ner/:i?slr signa?ure(s) on the !ns’rrurnent the persorl(s), or the entity upon behalf of which [he 1 person(s) acled, execurea the instrument iOblP--2Ar-e27ilFCI _____ 3 __ _~- __ --_- NUVIBER 0s PAGES DATE GF DOCUMENT E? TtJ-’AN N4VED ABOVE &w-q.x- * 21 -A In the event Principal executed this bond as an individual, it is agreed that the death o Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 29TH day of Executed by SURETY this 29TH day of JUNE , 1994-. JUNE ,19 94,. PRINCIPAL: SURETY: J.C. BALDWIN FIRST NATIONAL INSURANCE CONSTRUCTION COMPANY COMPANY OF AMERICA (Name of Principal) (Name of Surety) P.O. BOX C-25150 B SANTA ANA, CA 92799-5150 (Address of Surety) JAMES C. BALDWIN, PRESIDENT (71 4) 437-3052 -__ .___ (print name here) (Teiephane Number of Sizrery) hw%u4di! Signature of Attorney-i +- -Fact By: [title and organization of signatory) HELEN MALONEY By: - (sign here) printed name of Attorney-in-Fact -- (attach corporate resolution showin (print name here.) current power of attorney) b ' * L (title and organization of signatory) * (Proper notarial acknowledge of execution by PRINCIPAL and SUWW must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only or officer signs, the carporation must attach a resolution certified by rhe secretary or assistant secretary und corporate seal empowering thar dffificcr to bind the corpmtior!.) APPROVED AS TO FORM: RONALD R, BAI.1, City Attorney /.' By: KaC-bii- \k< - I T-... I - -A, ; -DegtKy City Attorney AT># V I t W16/ *' I a9 * -_ 1 In 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 this day of Executed by SURETY this day of I 1 1 1 1 R 1 a / 1 1 / 0 I I 8 8 I 1 69 ,19 -* ,19 -- PRINCIPAL: SURETY: (Name of Principal) (Name of Surety) By: (sign here) (Address of Surety) I (print name here) (Telephone Number of Surety) By: (title and organization of signatory) / Signature of Attorney-in-Fact By: (sign here) J printed name of Attorney-in-Fact (attach corporate resolution showin (print name here) / current power of attorney) (title and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only or officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary undc corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL ' City Attorney By: KAREN J. HIRATA Deputy City Attorney 2/16/5 12 DESIGNATION OF SUBCONTRACTORS The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each sub-contractor. Additional pages can be attached if required: Items of Complete Address Phone No. Work Full ComDanv Name with ZiD Code with Area Code 2/16/94 @ I. 1 R I 1 1 t e&p:/&&/,(,M I I 1 I I I I I 8 1 I I @ 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 submi s n. Additional pages can be attached, I required. b,%ch 1 oJ;$; Type of State l?.: Contracting CarIsbad Business Amount of Bid Full Company Name License & No. License No.* I$ or Oh1 c. \ * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 2/16/94 I1 BIDDER’S STATEMENT OF FINANCIAL. RESPONSIBILITY Bidder submits herewith a statement of financial responsibility. 2\16/94 69 m g 8 r-w fl r-rhdrjrrn I+ or- =Pa d Nt-4 car4 m (3 -r ri t-4 32 tia # r( 2 UAtXfl H uxmm g8E: 5 I gqi 2 d& < Gq !3 I rnd r- -? b/ vim * QoJ ma (1N ==r n2m da) .. -f rl hq m r-3 I c3 * *- 1 '* BIDDER'S STATEMENT OF "ICAL ABILITY AND EXPERIENCE 1. 1 B 1 1 I 1 I 1 1 I I I 1 I I 1 I I 49 The Bidder is required to state what work of a similar character to that included in t€ proposed Contract he/she has successfully performed and give references, with telephor numbers, which will enable the City to judge his/her responsibility, experience and ski An attachment can be used. 2i16/9 r c 4' * 16 NON-COLLUSION AFmDAVIT TO BE EXECUTED BY BIDDER AND SUBMITIED WITH BID State of California 1 County of 1 1 ss. and says that he or she is the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone 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 of that of any other bidder, or to fix any overhead, profit, or cost element of advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury t affidavit was executed on the= da 1 I' I. P I * Subscribed and sworn to before me on the day of (NOTARY SEAL) ,19-. Signature of Notary '* 2/16/94 @ SAY DIEGO on 6-30-94 before me, JQBN G. NALONEY, NOTARY P'JELLC E INDIVlrIUAL , ; DATE hAME T TLE OF OFFICER E G JANE DOE NOTARY PJaLIC 1 E CORPORATE OFFIC personally appeared- JAMES c . 3ALDWIN 1i PRESIDENT - gpersonally known to me - OW - 0 proved to xe oi?. the basis of satisfactory evidence 1 PARTI\'E7(S) k 'I QG D ATTOR~EY-"~F*CT NAME S OF S GUER(S) TI-LE(SI to be the person(sj whose nameis) islare j subscribed Lo the within instrurneni and ac- I capacity(ies), and that by his/her/therr signa?ure(s) on the instrument the person(s), i I NAVE OF JERSON(S) OR E\TIT W-NESS my Iiand and official seal - ______ rt+E DOCUMENT DESCRIBED AT ~IGHT NUVBER OF PAGES DATE OF DOCUQtERT *-.-,-----r-.-- ...--k-e< r f 7 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 1994 DATE COMPLETED COUNTY OF ORANGE 300 n. FLOWER ST. RM. 509 FRANCISCO ALONSO 714-834-2606 FLOOD CONTROL CHANNEL $1,700,000.00 1993 CITY OF DANA PT. 33282 GOLDEN LANTERN, DANA PT., CA. DENNIS JUE 714-248-9890 TIEBACK/SLOPE STABILIZATION $987,000.00 1992 CITY OF ENCINITAS 505 S. WLCAN, ENCINITAS, CA JESSE TENCH 619-2746 SEAWALL/TIEBACKS $700,000.00 1992 CITY OF SAN DIEGO, 4077 N. HARBOR DR. SAN DIEGO, CA BERNIE PENERA 619-221-8744 TIEBACKS/SLOPE STABILIZATION $2,400,000.00 1991 CITY OF DEL MAR, 1050 CAMINO DEL MAR, DEL MAR, CA MONICA TUCHSCHER 619-755-9313 SHEET PILE SEAWALL $1,000,000.00 1, 1 I 1 I 1 I 1 I 1 I II I I I I 43 CONTRACT - PUBLIC WORKS 19 &> by and between the cj after called "City"), and whose principal place of busin€ z;T This agreement is made this /z day of of Carlsbad, California, a municipal corp JC BALDWIN CONSTRUCTION is 1561 NEPTUNE AVE., LEUCADIA, CA 92024 1 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Descrbtion of Work. Contractor shall perform all work specified in the Contrz documents for: REPAIR OF BUENA VISTA CREEK CONCRETE CHANNEL EAST OF EL WINO REAL CONTRAm NO. 3385 1 (hereinafter called "proj ec tt I) Provisions of Labor and Materials. Contractor shall provide all labor, materiaj tools, equipment, and personnel to perform the work specified by the Contra Documents. Contract Documents. The Contract Documents consist of this Contract, Noti1 Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation Subcontractors, Bidder's Statements of Financial Responsibility and Technic Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans ar Specifications, the Special Provisions, and all proper amendments and changl 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 th reference. Contractor, her/his subcontractors, and materials suppliers shall provide ar 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 tl completion of the work, shall be provided at the Contractor's expense to fulfj 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 tl City's decision relative to said intent will be final and binding. Failure of tf Contractor to apprise subcontractors and materials suppliers of this condition ( the Contract will not relieve responsibility of compliance. 2. 3. 1 2/16/! 18 Payment. For all compensation for ContractoJs performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction (SSPWC) 1991 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. Public Contract Code section 20104.50 requires a summary of its contents to be 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 complete statement of the law. The city shall make progress payments within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If payment is not made within 30 days after receipt of an undisputed and properly submitted payment request, then the city shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable after receipt, determine whether the payment request is a proper payment request. If the city determines that the payment request is not proper, then the request shall be returned to the contractor as soon as practicable but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the 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 incurring interest shall be reduced by the number of days by which the city exceeds the seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion of the final payment designated by the contract as "retention earnings". 4. 2/16/94 @ 12 1 1 I 1 1 1 1 1 i 1 1 I i I 8 I a @ 5. Independent Investigation. Contractor has made an independent investigation c the jobsite, the soil conditions at the jobsite, and all other conditions that migk affect the progress of the work, and is aware of those conditions. The Contra( price includes payment for all work that may be done by Contractor, whethc anticipated or not, in order to overcome underground conditions. An information that may have been furnished to Contractor by City aboL underground conditions or other job conditions is for Contractor's convenienc only, and City does not warrant that the conditions are as thus indicatec Contractor is satisfied with all job conditions, including underground condition and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall b responsible for all loss or damage arising out of the nature of the work or fro1 the action of the elements or from any unforeseen difficulties which may arise c be encountered in the prosecution of the work until its acceptance by the Ciq Contractor shall also be responsible for expenses incurred in the suspension c 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 1 be borne by City. 7. 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 disturbed notify City, in writing, of any: A. Material that Contractor believes may be material that is hazardous waste as defined in Section 251 17 of the Health and Safety Code, that is require1 to be removed to a Class I, Class TI, 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. B. C. 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 1 contract . 211619~ 20 In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Channe Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Project Manager. The written change order must be executed by the City Manager or the City Council pursuant to Carlsbad Municipal Code Section 3.28.1 72. Imminration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Prevailinn WaEe. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of 8. 9. 10. 11. 2/16/94 69 I, I 2 R 8 1 I 1 8 1 8 I 1 I 1 It Contractor to comply with any applicable law, rules or regulations includinj those relating to safety and health; except for loss or damage which was cause( 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, resultin1 directly or indirectly from the nature of the work covered by the Contract, unlesr 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. Insurance. Contractor shall procure and maintain for the duration of the contraci insurance against claims for injuries to persons or damage to property which maj arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91403. (A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages and minimum limits indicted herein: 1. ComDrehensive General Liability Insurance: 1 12. $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. 2. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any I manner. 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. I - - 2/16/94 - ~ @ 3 - 22 (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. The ContractoJs insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insureis liability. "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. 2. 3. 4. (C) (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. 2/16/94 @ 1. 2 1 1 1 1 I B I 8 I I I 1 1 I B 1 @ (F) WAIVER OF SUBROGATION - All policies of insurance required under thj agreement shall contain a waiver of all rights of subrogation the insure may have or may acquire against the City or any of its officials c employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors as insure under its policies or shall hrnish separate certificates and endorsements fc each subcontractor. Coverages for subcontractors shall be subject to all c 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 ar authorized to transact the business of insurance by the Insuranc Commissioner under the standards specified in by the City Council i Resolution No. 91-403 . VERIFICATION OF COVERAGE - Contractor shall furnish the City wit1 certificates of insurance and original endorsements affecting coveragc required by this clause. The certificates and endorsements for eacl insurance policy are to be signed by a person authorized by that irisurer tc bind coverage on its behalf. The certificates and endorsements are to be h 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 thi agreement shall be included in the Contractois bid. (I) (J) 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claim Act (Section 900 et seq of the California Government Code) for any claim o cause of action for money or damages prior to filing any lawsuit for breach o I this agreement. 14. Maintenance of Records. Contractor shall maintain and make available at no cos to the City, upon request, records in accordance with Sections 1776 and 1812 o Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does no1 maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of an) change of address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing witE Section 1720 of the Labor Code are incorporated herein by reference. - Secu~. Securities in the form of cash, cashier's check, or certified check maj be substituted for any monies withheld by the City to secure performance of thi: contract for any obligation established by this contract. Any other security that 15. 16. t 2/16/94 t 24' is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. 17. 18. NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Contractor (CCJWBR*ATE SEAL) APPROVED TO AS TO FORM: Print Name of Signatory RONALD R. BALL City Attorney By: Signature of Signatory Title Dep? City Attorney &< F ATTEST: 2/16/94 @ ‘CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT to be the person(s) whose name(s) is/ subscribed to the within instrument and knowledged to me that he/she/they execu the same in his/her/their authoriz the instrument the person upon behalf of which . hand and official seal. Though the data below IS not required by law, it may prove valuable to persons relying on the document and could prc fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 CORPORATE OFFICER TITLE(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CP BOND NO. 5784823 2s LhBoFs, A1J D m BOW WHEREAS, the City Council of the City of Carlsbad, State of Califo~xia, by Resolution No. (hereinafter designated as the "Phcipg'), 3 94-219 , adopted AUGUST 2, 1994 CONSTRUCTION COMPANY , has awarded to J*c* BALDWIN Contract for: REPAlR OF BUENA VISTA CREEK CONCRETE (2H.A"~ JUST OF EL WINO FU9U CON??ZACT NO. 3385 in the City of Carlsbad, in strict confornuty with the hwings and specificatioi~, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporared herein by this reference. WHEWS, Principal has executed or is about to execute said Contract and the rem thereof require the furnishing of a bond, providing that if Prhcipd or X~Y of their subcontracrors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, at for my work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set fonh. NOW, THEREFORE, WE, J .C, BALDWIN CONSTRUCTION COMPANY , as Principal, (hereinafter designated as the "Contractor"), and .FIRST NATIONAL INSURWGEX OF AMERICA , . as Surety, are held firmly bound unto the City of Carlsbad in the sum of Dollars ($ !! ,926.50, ), said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the tern of the Contract, for which paynienr well and truly to be made we bind ourselves, our heirs, executors and admiristratai-s, successors, or assigns, jointly and severally, firnlly by these presents. THE CONDITION OF THIS OBLIGATlON IS SUCH that if the person or hidher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted ro be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Irxurarice Code wirh respect to such work or labor, or for any amounts 1-equired io be deducted, withheld, and paid over to the Employment Development Deparrment from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemp1o)ment Insurance Code with respect to such work and labor that the Swety will pay for the same, not to exceed the sum specified in the bond, and, also, in case stit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of Section 3248 of the California Civil Code. FIFTY ONE THOUSAND NINE HUNDRED TWENTY SIX AND 50/l00 21 16/33 @ I This bond shall hure to the benefit of any and all persons, comydes and cotpoi-atio enticled to file claims under Title 25 of Part 4 of Division 3 of the Civil Code (commencb with Section 3052). Surety stipulates and agrees that no change, exrension of time, alteration or addition to t tern of the Contract, or to the work to be performed thereunder or the specificatio accompanying the same shaU affect its obligations on this bond, and it does hereby \mi notice of any change, extension of time, alterations or addition to the term of the contr: or to the work or to the specifications. ... ... ... ... ... .,. -.. ... **. ... ... ... ... ... ,.. ... ... ..e 2/16/ @ SAN DIEGO NAME. TITLE 3: OiC8CE4 E G , "JANE DOE, I.ICTARY FLIBL:C" PRESIDENT personally appeared TiTLE(S) zawG*:w -______ NUMBER OF PAGES 27 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonemate the Surety from its obligatiow under this bond. Executed by CONTRACTOR this _1orH Executed by SURETY rkis I o~~day of day of AUGUST 3 19 94.. AUGUST , 199L. CONTRACTOR: SURETY: J.C. BALDWIN CONSTRUCTION COMPANY FIRST NATIONAL INSURANCE COMPI (Name of Contractor) (Name of Surety) AMERl - - P.0, BOX C-25150 SANTA ANA, CA 92799-5150 (Address of Surety) (71 4) 437-3043 - JAMES C. BALDWIN (print name here) (Telephone Number of Surety) PRESIDENT By: h-, (title and organization of signatory) BY: L - signature of ~ttornepid~act HELEN MALONEY (sign here) Printed name of Attorney-in-Fact (attach corporate resolution showing t (print name here) current power of attozney) b ' (title and organization of sigrlatory) (Proper notarial acknowledge of execution by CONTRACTOR and SWrY must be artached.) CPresid~t 011 vice-president ar~d secretary or assistant secretary must sign for coiporations. if only one officer signs, the copmation must attach a resolution certified by the secretaiy or assisrant secretary under corporate seal empowering that oficer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL .@. : z 2/16/94 w' @ DULVU LVU. 3lOktOL ib PREMIUM: $2,558, 1 FAITHmJL FEWORMANCWfiW BOND WHEREAS, the City Council of rhe City of Carlsbad, State of California, by Resolution t-4 c94-219, ado ted AUGUST 2, 1994 CONSTRUCT1 B N COMPANY , (hereinafter designated as the “Principal”), a Contract f( , has awarded to . J c- BALDWIN REPAIR OF BUENA VISA CREEK CONWm CI-I.A”EL W OF EL WINO REAL CONTRACT NO. 3385 in the City of Carlsbad, in strict conformity with the contract, the drawings a] specifications, and other Contract Documents now on file in the Office of the City Clerk the City of Carfsbad, all of which ae incorporated herein by this reference. WHEREAS, Piincipal has executed or is about to execute said Contract and the ten thereof iequire the furnishing of a bond for the faithful performance and warranty of s:: Contract; , as Princip, NOW, THEREFORE, WE, 3. C, BALDWIN CONSTRUClION COMPANY (hereinafter designated as the “Contractor”), and FIRST NATTO~, _TNSI~BBKCE co OF AMERICA 1 as Surety, are held and firmly bound unto the City of Carisbad, in tl SWn Of ONE HUNDRED THREE THOUSAND. .EIGHT .HUNDRED FIFTY THREE AND 00/100 ), said sum being equal to one hundred perce (100%) of the estimated amount of the Contract, to be paid to City or its certain attomf its SUCC~SSO~S and assigns; for which payment, well and truly to be made, we bi ourselves, our heirs, executors and administrators, successors or assigns, jointly a, severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contract( their heirs, executors, adnunistrators, successors or assigns, shall in all things stand to ai abide by, and well and truly keep and perform the covenants, conditions, and agreemen in the Contract and any alteration thereof made as therein provided on their part, to 1 kept and perforriled at the time and in the manner therein specified, and in all respec according to their true intent and meaning, and shall indemnify and save hadess the Ci of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligatic: shall become null and void; otherwise it shall remain in full force and effect. AS a part of the obligation secured hereby and in addition to the face amount spec& therefor, there shall be included costs and reasonable expenses and fees, includir reasonable attorney’s fees, incun-ed by the City in successfully enforcing such obligatio all to be taxed as cosrs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to tk f~~s of the Contract, 01 to the work to be pelformed thereunder or the specificatior accompanying the same shall affect its obligations on this bond, and it does hereby wail ,~ollars($ 103,853.00 2/16/1 @ Countyof SAN DIEGO 7 iN3IV1DUAL JOHN G. MALONEY, NOTARY PUBLIC NAME. TITLE 3F OFFICE::. E GI "JANE DOE. hOTkW PUBLIC" 811 0194 before me, personally appeared JAMES C . BALDWIN, HELEN MALONEY NALLE(S) OF S!GNER(S) TITLE(S) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AS RIGHT: TITLE DF? TYPE OF DQCUtviENT.. NUMBER OF PAGES - QA-E sF 3c>i;(j(v;ENT __ f-3 t - - 2 notice of any change, extension of time, alterations or addition to rhc rems of the contra{ or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any SUC Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTMCXOR this ..A 4 1 OTH Executed by SURETY this 1 OTH day of - day of AUGUST , 1994. AUGUST J 19%. CONTRACTOR: SURETY: - J.C. BALDWIN CONSTRUCTION COMPANY FIRST NATIONAL INSURANCE COMPl AMER: (Name of Contractor) (Name of Surev) - P.O. BOX C-25150 SANTA ANA, CA 92799-5150 - (Address of Surety) JAMES C. BALDWIN 171 4 1 437-30.43 - (Telephone of Surety} (print nme here) - PRESIDENT By: (title and organization of signatory) Signature of Attornefln-Fact - # By: HELEN MALONEY I (sigrt here) Printed name of Attorney-in-Fact * (attach corporate resolution showir I (print name here) current power of attorney) - (title and organization of signatory) PWer n0tark.l acknowledge of execution by COhWCTOR and SWTY must be artcached.) (President or vice-president and secretaiy or assistant secretary must sign for coiporations, If only 01 officer signs, the corporation must attach a resolution certified by the secretaiy or assistant secretary und corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By; - c - q 43 >q q 1i , i ,?ijLdd. -4. $.+-.J"/; '**'-w& +) I Beppty City Attom3y &? :,f . - r 2/16) I CEB City of Carlsbad Purchasing Department Representation and Certification The following representation and certification are to be completed, signed and returned with prapos 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 REPRESENTATION(S) : Mark all applicable blanks. This offeror repres part of this offer that: This firm is , is not am business. , This firm is , is not aw owned business. WOMAN-OWNED BUSINESS: A wornl DEFINITIONS: MINORITY BUSINESS ENTERPRISE: 'Minority Business' is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case -of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minortty 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 (Le., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. business is a business of which at least 51 I owned, controlled and operated by a woman c Controlled is defined as exercising the powei policy decisions. Operation is defined as involved in the day-to-day management. COMPANY NAME NAME ADDRESS TITLE CITY,STATE AND ZIP SIGNATURE TELEPHONE NUMBER DATE 2116~9 @ ....................................... Westland' ~n~urance Brokers P. 0- Row 85481 Sari Diego, CA 92186-5481 COMPANIES AFFORDING COVERAGE , (619) 584-6400 ................................. ................ ........................................ ....................................................................................................... NBUWCE COMPANY 3. c. Baldwin Constructian co. 24.69 Impala Drive Carisbad, CA 92069 -NT, TERM OR COIW THE IlrjSURsNCE kF 'E?: ... )r!M!TE !HOWJN TWE OF INWRANCE WUCY WWW urns cl 151H221 MAW (Aoy gog fge) iS acws WBiLrrf MRFWyeRS LUEIU?Y IN3URED FEn ADDXTXBNAL IN%UR ~HOUI n ANV OF WF ARWF DFWRIRF~ PD! ICIPS AE CANCELLED BEFOF EXPIRATION DAE MEREOF, THE ISSUING COMPANY WILL BRXE MblL 3 DAYS WFIIWRI UMlW TO lHF CFRTlFlCATF Hh! DER NAME CITY OF CARLSBAD AWN; PTCR COOK, ENCINEERTNC DEFT. 1208 CARLSBAD VILLAGE DRIVE CkZgLSDAD Ch 92408 1 THIS ENDORSEMENT CHANGES YOUR POLICY PLEASE READ IT CAREFULLY AMENDATORY ENDORSEMENT - ADDITIONAL INSURED This endorsement modifies insurance provided under the followins Commercial General Liability Coverage Part It is agreed that the insurance afforded to the Additional Insui is primary insurance. If, however, the Additional Insured has other insurance which is applicable to the loss, the said other insurance is excess over any other valid and collectible insurance providing coverage. The Company's limits of liability under this policy shall not be reduced by the existence of such other insurance. Additional Insured: City of Carlsbad Regarding: Contract No. 3385 Attaches to policy number: C1 15196221 Insured : J.C. Baldwin Construction Co. Policy Period: 6-03-94 to 7-01-95 Date typed: 8-11-94 f zar/ - 1 K-LIMED INSURED: J.C. BALDWIN CONSTRUCTION COMpAhT EFFECTIVE: 6-03-94/7-01 POLICY NUMBER: C1 15196221 COMPANY: . CNA INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG20101185 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE CITY OF CARLSBAD ATTN: DICK COOK, ENGINEERING DEPT. 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 RE: CONTRACT NO. 3385 Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Dec applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization st Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. fzar/8-11-94 4 - / -* /--*a fr&~ -GZ;&+. Copyright. Insurance Services Office. Inc . 1984 *#WAF- E$$AlI~Camrn~~U%~~ 4 b ' THIS ENDORSEMENT CHANG€S THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED THIS ENDORSEMENT MODfFlES INSURANCE 'PROVIDED UNDER THE FOLLOWIN BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDUE RE . c':Y- /- Name CITY OF CARLSBAD .Location . ULUTRACT NO. 3385 WHO 1s AN lNSURED (Secifon It) is amended io lncfude as an Insured the person(s) or organization in the schedule but only with respet5to their llabifity arising out of; a) b) for cfalms arising out of operalfon, maintenance, or use of a covered auto, This fnsutance shall be ghaw Insurance over any other insurance auallable to the scheduled inst your work for the additlanai lnsured(s) at the location. designated, or ads or omissions of the additfonal Insured(s) In clsnnectjon with thafr general supewlsion of *) at the facation shown in the schedule .. . . . ..- .. -. .... I . - .. .. .. - .. INSURED: J.C. BALDWIN CONSTRUCTION CO. POLICY NUMBER:' C115454527 .. EFSECTI-VE DATES.: 6-3-94/7-1-95 ' COMPANY: CONTINENTAL CASUALTY (CNA) e DATE TYPED: 9-9-94 NA ,* I. .. ..6 .. . : .. .. . . .. -. .. . . . . . . . . . . f. -. . .. -. . .. . . .~ 1 - *+-= -7- - -_ - - \ ._ * Jgoai' - -- .. UCA 229 ..-.;e - * - .- .. --.,. . , .. . .-, . - , .- . .-- .- ,. .A-M_ _. --'-% --*-------,..*--. c -----. .. - -. . ____..____________I____.-__-- -.__. -- LICENSE rwsT ti~ PCMED LEUCADIA, CA 6 19-436-660 BUSINESS PREMISES TO CONDUCT THE (BUSIN GENERAL CONTRAC NOTIFY BUSINESS LLCENC,E IF YOU CHANGE LOCATION I: BALDWJN, 3.C. OPERATION. LOCATED AT (BUSINESS 1561 NEPTUNE A LECICADIA, CA FROM: 0 3/ 0 I I, 1 U B OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN EU OF REENTION I This Escrow Agreement is made and entered into by and between the City of Carlsb; whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaft called "City" and who! address is hereinafter called "Contractor" and whose address is I hereinafter called "Escrow Agent." I as follows: For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrc 1. Pursuant to Section 22300 of the Public Contract Code of the State of Californi, 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 i 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 th securities as a substitute for Contract earnings, the Escrow Agent shall notify th City within 10 days of the deposit. The market value of the securities at the tim of the substitution shall be a least equal to the cash amount then required to b 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 Contrac provisions, provided that the Escrow Agent holds securities in the form an U I I I I I I 1 I I @ in the amount of e 2. I amount specified above. 3. When the City makes payment of retentions earned directly to 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. 2/1619 32 The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 4. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 6. 7. 8. 9. .... .... .... .... .... .... .... 2/16/94 @ 10. The names of the persons who are authorized to give written notices or receive written notice on behalf of the City and on behalf of Contractor connection with the foregoing, and exemplars of their respective signatures B as foUclWs: For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address _. 2/16r @ 34 At the time the Escrow Account is opened, the City and Contractor shall deliver to thf Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer on the date fixst set forth above. For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address -- 7 -- .- - -- -- - 2/16 @ I. I 8 I I I D 1 I I I 1 I 1 @ RELEASE FORM THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL C 1 MONTHLY PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTI0N:Repairs of Buena Vista Creek Concrete Channl. Contract No. 33t I PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges upon payment in the full amoul specified all compensation of whatever nature due the Contractor for all labor ar materials furnished and for all work performed on the above-referenced project for tl period specified above with the exception of contract retention amounts and disputed wo or claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ I DISPUTED WOWCLAIMS DESCRIPTION OF DISPUTED WOWCLAIM The Contractor further expressly waives and releases any claim the Contractor may hav of whatever type or nature, for the period specified which is not shown as disputc work/claim on this form. This release and waiver has been made voluntarily by Contract( without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, ar work due Subcontractors for the specified period will be paid according to Public Contra1 Code Section 20104.50 and Business and Professions Code Section 7108.5 and that tk parties signing below on behalf of Contractor have express authority to execute th release. DATED: AMOUNT CLAIMED _(OR ESTIMATE1 PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, I Corporation, etc.) By: Title: 8 By: Title: 21166 "V SPEW PROWSIONS 1. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT1[ON 1-1 TERMS Add the following: A. Reference to Drawings: Where words "shown," "indicated," "detailed," 'hoted," "scheduled," or words of similar import are used, it shall be understood that reference is made to the Plans accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the Work as required and as approved by the City Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at her/his expense, shall furnish 'and install the Work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 5 2/16/94 @ 3 1-2 DEFINITIONS I. I I I I I I 8 I ! i I I I 1 @ 1 Modify as follows: Agency - the City of Carlsbad, California Engineer - the City Engineer for the City of Carlsbad or his approved representative I Add the following: Owner Operator - Any person who operates equipment or tools used in completing tE Work who is employed by neither the Contractor nor a Subcontractor and is neither a agent or employee of the Agency or a public utility. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who at hired, directed, supervised and paid by the Contractor to accomplish the completion of th Work. Further, such employees have their employment taxes, State disability insuranc payments, State and Federal income taxes paid and administered, as applicable, by th Contractor. When used in Section 2-3.1 - Construction equipment that the Contract0 owns or leases and uses to accomplish the Work. Equipment that is owner operated is no part of the Contractor's Own Organization and will not be included for the purpose o compliance with Section 2-3.1 of these contract documents. SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2-3.1 General, modify eighth paragraph as follows: Except as specified in this section, the Contractor shall perform, with its own organization Contract Work amounting to at least 50 percent of the Contract price. Within the meanin; of this section, Contract Work shall include all of the elements used to complete thc construction of discrete portions of the Work. A discrete portion of the Work is a singlc bid item and all of the costs associated with the labor, equipment, and materials used tc construct or install the bid item. The individual components of labor, equipment, o materials that are used to construct or install a bid item are not severable. For determininl the percentage of Work performed, the value of a bid item shall be the contract unit pric~ extended by the quantity of units completed. The performance of the actual labor involved in the installation or construction of an item is the principal indicator of what force the Work is performed by. As an example, the individual cost of a material cannot be separated from the cost of the labor necessary to construct or install the material wher computing the percentage of Contract Work performed by the Contractor's own forces. Add the following: 2-3.3 Subcontractor Items of Work. Where a bid item or any portion of a bid item of the Work is subcontracted, the amounf of the subcontract shall include all labor, materials, and equipment required to complete the subcontracted bid item or portion of the item designated. Where only a portion of a I 2/16/94 vv bid item is subcontracted, the Bidder shall stipulate in the bid documents what portion of ' the Work required to complete the bid item is to be performed by subcontract and what portion the Bidder proposes to perform. The value of material incorporated in any subcontracted bid item that is supplied by the Contractor shall not be included as any part of the portion of the Work that the Contractor is required to perform with its own forces. 2-3.4 Penalties and Remedies. Should the Contractor fail to adhere to the provisions of Section 2-3.3 preceding the City may at its sole option elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the Work performed in contravention of said sections from payments that would otherwise be due to the Contractor all in accordance with section 4110 of the California Public Contracts Code. 24 CONTRACI'BONDS Delete the third sentence of the first paragraph having to do with a surety being listed in 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 bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during the course of this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original mount 35 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 35 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2/16/94 69 3 A certified copy of the certificate of authority of the insurer issued by th insurance commissioner. 2) 4. I 1 1 I I I I 1 I I u If the bid is accepted, the Agency may require a financial statement of the assets an liabilities of the insurer at the end of the quarter calendar year prior to 30 days ne] preceding the date of the execution of the bond. The financial statement shall be made b an officer's certificate as defined in Section 173 of the Corporations Code. In the case ( a foreign insurer, the financial statement may be verified by the oath of the princip; officer or manager residing within the United States. I 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. Add the following: The Specifications for the Work include the Standard Specifications for Public Work 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 section of this contract. The construction Plans consist of two (2) sheet(s) designated as City of Carlsbad Drawin No. 335-9. The standard drawings utilized for this project are the latest edition of the & Dieno Area Re~onal Standard Drawinm, hereinafter designated SDRS, as issued by the Sa Diego County Department of Public Works, together with the City of Carlsba Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed wit these documents. The California Department of Fish and Game Agreement Regarding Proposed Stream a Lake Alteration, included in Appendix 1 of these documents, are a part of the Speck Provisions. The Contractor shall keep fully informed of all conditions listed in sail Agreement which in any manner affect the materials used in the Work or in any way affec the conduct of the Work. The Contractor shall at all times observe and comply with a. I such conditions. 2-5.3 Shop Drawings. Add the following: Where installation of Work is required in accordance with the product manufacturer' direction, the Contractor shall obtain and distribute the necessary copies of sucl instruction, including two (2) copies to the City. Add the following: 2-5.4 Record DrawinEs. The Contractor shall provide and keep up-to-date a complete "as-built" record set o transparent sepias, which shall be corrected daily and show every change from the origina drawings and Specifications and the exact "as-built" locations, sizes and kinds of equipment underground piping, valves, and all other Work not visible at surface grade. Prints for thi purpose may be obtained from the Agency at cost. This set of drawings shall be kept 01 I 1 l 211619, i I @ .- the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the Work. 2-6 WORK TO BE DONE. Add the following: Materials, supplies, or equipment to be incorporated into the Work shall not be purchased by the Contractor or the Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Whenever under this Contract it is provided that the Contractor shall furnish materials or manufactured articles, or shall do Work for which no detailed Specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the Work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the Work as a whole or in part. All equipment, materials, and supplies to be incorporated in the Work shall be new, unless otherwise specified. 2-9 SURVFr?NG 2-9.3 Survey Service. Modify as follows: The Contractor will perform surveying services as required for the construction of this project at no additional cost to the Agency. 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements. 4-1.3.1 General. Add the following: All Work shall be under the observation of the Engineer or his appointed representative. The Engineer shall have free access to any or all parts of Work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of Work and character of materials. Inspection of Work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials. Modify as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractors. 2/16/94 69 At the option of the Engineer, the source of supply of each of the 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 Eunzi approved material from other approved sources. After improper storage, handling or a] other reason that may compromise the quality of the materials, the materials shall rejected. All backfill and subgrade shall be compacted in accordance with the notes on the Plans a] the SSPWC. Compaction tests may be made by the Agency and all costs for tests that me or exceed the requirements of the Specifications shall be borne by the Agency. Said tests may be made at any place along the Work as deemed necessary by the Enginee The costs of any retests made necessary by noncompliance with the Specifications shall t borne by the Contractor. Add the following: 4-1.9 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. I I 1 I I I I R I I I 1 I 1 1 I I @ i 1 5-1 LOCATION Add the following: The Agency and affected utility companies have, by a search of known records, endeavorel to locate and indicate on the Plans, all utilities which exist within the limits of the Work However, the accuracy of completeness of the utilities indicated on the Plans is nc guaranteed. The Contractor shall notify the following agencies forty-eight (48) hours prio to construction: San Diego Gas & Electric (619) 438-620( Pacific Telephone (619) 489-344 Underground Service Alert 1-800-422-413: Carlsbad Municipal Water District (619) 438-336: - Wastewater Division (619) 726-79& - Sanitation Engineer (619) 726-134C Vista Public Works Department (~3620: 2/16/94 4L 54 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for his/her own convenience shall be the ContractoJs own responsibility, and he/she shall make all arrangements regarding such Work at no cost to the Agency. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the EngheeJs option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of Work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 6-1 CONSTRUCTION SCHEDULE Modifl 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 Engineer. 2. The schedule shall show a complete sequence of construction activities, identifymg 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, 50% 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 Engineer 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 identlfylng 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. 2/16/94 @ L . 5. The failure of the prime Contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable Engineer, at his 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 Engineer as to completeness and conformance with the aforementioned provisions. 1. 1 I 1 l I 1 1 I 1 1 1 I 8 I 1 @ No changes shall be made to the construction schedule without the prior written approv of the Engineer. Any progress payments made after the scheduled completion date sh not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflictir utilities shall be requirements prior to commencement of Work by the Contractor. 1 6-5 TERMINATTON OF CONTRACT Add the following: Grounds for termination of the contract by the Agency include failure of the Agency c Contractor to obtain necessary permits from other governmental agencies, or unreasonabl delay caused by enforcement of laws and regulations by other public agencies, includin but not limited to, enforcement of the Endangered Species Act and other similar laws. 6-6.3 Payment for Delays to Contractor Add the following: The Agency shall not be liable for delay caused by the enforcement of laws and regulation by other public agencies, including but not limited to, enforcement of the Endangerec Species Act and other similar laws. 1 I 6-7 TIME OF COMPLETION 6.7.1 General. Add the following: The Contractor shall begin Work within fifteen (15) calendar days after receipt of thc "Notice to Proceed' and shall diligently prosecute the Work to completion within forty (40: working days after the date of the Notice to Proceed. 6-7.2 Workinz Dav. Add the following: Hours of Work - All Work shali normally be performed between the hours of 7:OO a.m. anc sunset, from Mondays through Fridays. The Contractor shall obtain the approval of the Engineer if he/she desires to Work outside the hours state herein. 2/16/94 l-r Contractor may Work during Saturdays and holidays only with the written permission of' the Engineer. This written permission must be obtained at least 48 hours prior to such Work. The Contractor shall pay the inspection costs of such Work. 6-8 COMPLETION AND ACCEFTANCE Add the following: All Work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty Work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the Contractor will be assessed the sum of $500 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 7-3 LIABILITY INSURANCE Add the following: AU insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 74 WORKERS COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS Modify the first sentence to read: The Agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform Work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. 2/16/94 @ I >I, I B I I 1 I 1 t 1 1: I I I 1 @ 1 Add the following: Contractor shall not begin Work until all perrnits incidental to the Work are obtained. I 7-8 PROJECT AND SETE MANAGEMENT 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control shall be executed even on weekends and other non-working da: at the Engineex's request. I Add the following: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflei in good repair when in use on the project with special attention to City Noise Contrc Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10 PUBLIC CONVENJXNCE AND SAFETY 7-10.4 Public Safety. Add the following: 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 Wor, and shall comply with all applicable provisions of Federal, State and Municipal safety law and building codes to prevent accidents or injury to persons on, about, or adjacent to thl premises where the Work is being performed. He/she shall erect and properly maintai at all time, as required by the conditions and progress of the Work, all necessary safeguard for the protection of workers and public, and shall use danger signs warning agains hazards created by such features of construction as protruding nails, hoists, well holes, anc falling materials. I 7-13 LAWS TO BE OBSERVED Add the following: Carlsbad Municipal Code ordinances which affect this Work include Chapter 11.06 Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 01 Section 1603 of the Fish and Game Code, such conditions or modifications established pursuant to Section 1601 of the Fish and Game Code shall become conditions of the contract. l 2/16/94 40 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. 9-3 PAYMENT 9-3.2 Partial and Final Payment. Modify as follows: Delete the second sentence of the third paragraph having to do with reductions in amount of retention. 2/16/94 @ PI. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCITON 8 FOR CONSIXUCIION MATERIALS I a',. D 1 I I 1 I I 1 1 1 I I I 1 I 1 @ Add the following: 201-6 INJECTION GROUT 201-6.1 General. operation to fill voids and to stabilize the soil under the channel slab. Injection grout shall consist of a mixture of portland cement, grout lubricant, gro admixture, and water, in accordance with these provisions. 201-6.2 Materials. No materials with grain sizes larger than portland cement Type I1 sh; be used unless approved by the Engineer. 201-6.2.1 Cement. Cement shall conform to the requirements of Subsection 201-1.2.1 201-6.2.2 Water. Water shall conform to the requirements of Subsection 201-1.2.3. 201-6.2.3 Lubricant. Lubricant shall be a finely powdered material composed essential of compounds of amorphous silica, alumina and iron, which possesses the properties I decreasing segregation, decreasing laitance, improving internal impermeability and acts i a lubricant by reducing interparticle friction. 201 -6.2.4 Admixture. Admixture shall be a compound possessing such characteristics tlx it will inhibit early stiffening of the grout, tend to hold the solid constituents of the groi in colloidal suspension, reduce the water-cement ratio for the same time of efflux an compensate for setting shrinkage during the time of set. Expansion agent shall be of a typ that will not settle out in a fluid grout. 201-6.3 Proportioning. The grout shall be proportioned by volume and shall contain 1 sacks of portland cement per cubic yard of mix, lubricant as required to provide mix c necessary consisrency, admixture as recommended by the manufacturer, and water. Grou efflux time shall be 10 to 16 seconds. 201-6.4 Submittals. Contractor shall submit to the Engineer for approval the following This section specifies the grout to be used in the grout injecti 1 (1) (2) Final mix design. (3) Description of materials, methods and equipment to be used. Independent laboratory test data that indicates the initial set time and thc efflux time as determined by California Test 541, Part D. 2/16/94 YU 201-6.5 Mixing. The grout plant shall consist of a positive displacement cement injection' pump and a high-speed colloidal mixer. The colloidal mixer shall operate between a minimum speed of 800 RPM and a maximum speed of 2000 RPM, and shall be of sufficient capacity to continuously feed the pumping unit at its normal pumping rate. Water shall be introduced into the mixing process through a meter. The equipment shall be maintained in a manner satisfactory to the Engineer so as to insure continuous and efficient performance during any grouting operation. The grout may be held in the grout plant, if agitated continuously, a maximum of two hours at atmospheric temperatures below 70 degrees Fahrenheit, or one hour at higher temperatures. 205-2 SIXELPILES 205-2.1 General. Add the following: Steel sheet piling for the cutoff wall furnished under this Specification shall meet the requirements of the Standard Specification for Steel Sheet Piling, ASTM A328. The sections shall be either: Bethlehem Steel Section PZ-22, or Syro Steel Piling Section SPZ-22, or An approved equal section having the following properties: Section Modulus - Moment of Inertia - 205-2.3 Certification. Add the following: The Contractor shall furnish to the Engineer, certified copies of mill test reports of each heat of steel from which the sheet piling is formed. The certification shall contain the results of chemical and physical tests required by the ASTM Specifications for the material. S 2 18 in3/lineal foot of wall I 2 77 in4/lineal foot of wall 206-1 STRUCTtJRAL SITEL, RIVETS. BOLTS. PINS, AND ANCHOR BOLTS Add the following: 206-1.4.4 Concrete Anchors Concrete anchors for securing steel sheet piling to existing concrete slab shall be: Wej-It Ankr-Tite Stud Anchor, or Hilti Kwik Bolt-I1 concrete anchor,or 0 0 approved equal The size and minimum embedment of the concrete anchors shall be as shown in the Plans. 2/16/94 69 1 207-17 WC PLASTIC PIPE I >I*. I I 1 I I I II I I I I 1 I B R 1 1 @ 1 Add the following: 207-17.7 Weephole Perforated PVC Pipe and Can The perforated PVC pipe for tl weephole plugs shall be manufactured in accordance with ASTM D2729. The end ca shall be perforated by the Contractor. The weephole plugs shall be installed in accordance with Subsection 306-1.2.13 amended by the Supplemental General Provisions. 2/16/91 50 III. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CON§l-RUCXON FOR CONSTRUCIION METHODS SECTI'ON 300 - EARTHWORK Add the following: The Contractor shall confine construction activities to the concrete-lined channel and the portion of the unlined channel 20 feet upstream of the existing concrete cutoff wall. The limits of Work area in the unlined portion of the channel shall be identified by flagging and/or as directed by the Engineer to prevent damage to adjacent riparian habitat. The unlined portion of the channel shall be protected by means of a temporary timber grillage to minimize impacts to vegetation by the equipment. Access to the Work area shall be by means of the existing access ramp adjacent to the south side of the channel at the beginning of the concrete lined channel at Station 113+00. Water flow shall be kept in such a condition that flows will not be substantially changed. Normal care shall be exercised to prevent debris, brush, timber, and soil from being placed in or washed into the stream. 300-1 CLEARING AND GRUBBING. 300-1.1 General. Modify as follows: Clearing and grubbing operations by the Contractor shall be confined to the area from Station 110+00 of the concrete lined channel to the limits of the Work area in the unlined portion of the channel as shown in the Plans and identified at the jobsite. Clearing and grubbing in the unlined portion of the channel shall be limited to the removal of existing rip rap rocks and other material that will interfere with the installation of the steel sheet piling. 3004 UNCLASSIFIED FILL 300-4.1 General. Add the following: Fill material shall be subject to approval of the Engineer. Fill material shall be imported from offsite borrow areas. It shall be predominantly granular, non-expansive soil, free from roots, organic matter and other deleterious substances. It shall contain no rocks. The existing access ramp shall be reconstructed at the end of excavation, sheetpile driving activities. 2/16/94 @ SECTION 303 - CONCRETE AND MASONRY CON!!TRUCTION 1 *'a, II 1 1 I I 1 I 1 8 I 1 1 1 1 I 1 84 I Add the following: 303-7 GROUT INJECTION 303-7.1 General. Attention shall be given to provisions of Subsection 7-8.1 as amended by the Supplemen General Provisions. The grouting operation shall be performed after the sheet piling has been install1 (Subsection 305-1). All injection grouting shall be performed in conformity with the Pla: and Specifications. Grout for use in Work performed under this section shall conform the requirements of Subsection 201 -6. Grouting shall be performed at pressures such that no concrete cracking or slab lifth OCCUTS. 303-7.2 Preparation of Grout Iniection Holes. Holes shall be drilled through the concrete slab to the diameter necessary to accommoda the equipment used for injecting the grout. The location of the holes shall conform to tl configuration shown on the Plans or as directed by the Engineer. Existing vertical weepholes shall also be used as shown on the Plans or as directed by tb Engineer. The weepholes shall be bored to remove sediment, vegetation and/or concrett Injection holes shall be air cleaned with a minimum air pressure of 40 psig just prior t grout injection. I 303-7.3 Injection Equipment. The grout pump shall be a duplex piston type pump capable of pumping the specified grou mix in a continuous flow at any specified pressure up to a maximum of 800 psi. t pressure gage shall be located immediately adjacent to the grout hose supply valve an( shall be positioned so it can be easily monitored by the Engineer. 303-7.4 Submittals. The Contractor shall submit to the Engineer the following: Description of equipment to be used in the pumping and injection operations Equipment shall meet the Engineer's approval. Description of the procedure to be used for each of the two injectior grouting operations. Procedures shall meet the Engineer's approval. (1) (2) 2/16/94 JL L (3) Daily log of operations, including: Date and time Hole location Depth, pressure and duration of injection Quantity of grout Slab movements - Unusual or unanticipated conditions. 303-7.5 Placement. All injection grouting shall be performed per the procedures outlined below. Grouting shall not be performed when the atmospheric or subgrade temperature is below 40°F. or during inclement weather. The Contractor shall furnish and utilize suitable devices to continuously monitor movement of the concrete slab during the grouting operations. At no time shall grouting occur without monitoring movements. No portion of the slab shall be moved or raised more than 0.10-foot as a result of the grouting operations. Grouting shall be stopped when material is observed returning to the ground surface. The Contractor shall submit monitoring records to the Engineer. The Contractor shall take necessary precautions to prevent grout from spilling or being deposited on the channel surface. Excess grout shall not be allowed to harden onto the existing concrete surface of the channel. The Contractor shall remove surplus material from the surface as each hole is filled. 303-7.5.1 Lense Grouting. Lense grouting shall be performed in the area extending from the cutoff wall (Sta 113+00) to 11 feet downstream of the cutoff wall (Sta 112+89) as shown in the Plans, or as directed by the Engineer. Grout injection shall be performed at 1-foot vertical intervals extending to a depth of seven feet or as directed by the Engineer, and shall inject a minimum of one cubic foot of grout at each point. Grouting shall be staged downward through the zone to be grouted at the Contractor's option. Should voids be encountered during the lense grouting operation, such voids shall be filled by grouting under low pressure or gravity flow and shall continue until such voids are filled. Grout shall be injected into only one hole at a time and shall proceed from injection point to injection point in an orderly manner. Grouting at each stage shall proceed without intemption. In the event that grout flow does not occur after seven seconds of sustained 150 psig injection grout pressure and if there is no indication of slab movement, continued injection at that location shall cease. 303-7.5.2 Void Grouting. The void grouting operation shall be performed in the area extending from 11 feet downstream of the cutoff wall (Sta 112+89) to the slab transverse joint approximately 200 feet downstream of the cutoff wall (approximately Sta 111+00) as shown in the Plans, or as directed by the Engineer. Grout injection shall be performed 2/16/94 63 I through the existing vertical weepholes. The existing weepholes shall be prepared p Subsection 303-7.2. Voids shall be filled by grouting under low pressure. Longitudinal a transverse joints shall be temporarily plugged to prevent grout to come up through the1 Grouting shall be monitored from weephole to weephole. 303-7.6 Patching of Drilled Holes. Upon completion of the grouting operation, grout sh be removed from the drilled holes to a depth of not less than four inches below the sli surface. The holes shall be cleaned, filled with cement mortar class C (Subsection 201-5 and finished flush with the concrete slab surface. Weepholes shall be finished per Subsection 306-1.2.13.1. Existing six-inch borings located on the concrete-lined channel as shown on the Plans, sk be cleaned and filled with cement mortar class C (Subsection 201-5) to a depth not le than six inches, and finished flush with the concrete slab surface. 303-7.7 Pavment. Payment for lense and void grouting will be made at the Contract Unit Price as shown c the Bid. The Contract Unit Price for grouting shall include full compensation for prepark the grout injection holes and placing the grout as shown on the Plans or in tE Specifications. Payment for patching of drilled holes and patching of existing six-inch borings will be mad at the Contract Unit Price for each hole or boring patched. The Contract Unit Price fc patching of holes and borings shall include full compensation for cleaning the holes an borings and the placing the mortar as shown on the Plans or in the Specifications. I I.,, t 1 t 1 I I I 1 i 8 I SECTION 305 - PILE DR.MNG AND TIMBER CONSIRUCTION. 305-1 PU DRIVTNG. 305-1.1 General. Delete the second paragraph and add the following: Steel sheet piling shall be driven prior to the grouting operation (Subsection 303-7). Steel sheet piling shall be installed flush against the upstream face of the existing concret cutoff wall as shown on the Plans. Modify the seventh paragraph as follows: Sheet piling shall be driven to the design depth shown on the Plans. 305-1.2 Driving Equipment. Add the following: All driving equipment shall conform to the City of Carlsbad Noise Control Ordinance. I I I 1 I 1 69 1 2/1619~ 34 305-1.4 Driving. Add the following: A rigid guide kame or templet shall be used to ensure adequate alignment of the steel sheet piling. Steel sheet piling shall not be driven closer than one foot of the top of the existing concrete channel slab. The portion of the sheet piling above the channel slab shall be cut off per Subsection 305-1.6. Hard driving through cobbles and dense sand should be anticipated. The Contractor shall reinforce the pile tip ends with plates or shoes at no additional cost to the City. Any material which stops the driving of sheet piling to the design elevation shall be removed by the Contractor as approved by the Engineer. 305-1.8 Payment. Add the following: Steel sheet piling will be paid for at the Contract Unit Price per square foot of the completed, in-place Work. The total area shall be measured from the tip of the piling to the plane of cutoff at the top of the concrete channel slab, and the full width of the channel, including the embankments, as shown in the Plans. Payment shall also include full compensation for all attachments and fittings necessary for the driving operation as required in these Specifications or as ordered by the Engineer. Add the following: 305-1.9 Documentation. The installation of steel sheet piling shall be documented by the Contractor. The documentation shall include a chronological log of the driving operations, the types of equipment used, the initial length of each sheet pile, the general rate of penetration of the piling, and notes regarding driving difficulties and/or obstructions encountered. The documentation shall be delivered to the Engineer at the end of each day that driving operations are performed. 305-1.10 Anchorinn of Steel Sheet Piling. The steel sheet piling shall be anchored to the concrete channel slab as shown on the Plans and in accordance with the manufacturer's recommendations. Payment will be at the Contract Unit Price for each concrete anchor installed. 305-1.11 FillinR of Joint of Slabmall and Sheet Piling. Upon completion of the sheet pile driving operation, the space between the sheet piling and the concrete slab and cutoff wall shall be filled with cement mortar class C (Subsection 205-l), and finished flush with the concrete slab surface. The minimum thickness of the mortar shall be the same as the existing concrete slab. Payment will be made at the Contract Unit Price as shown in the Bid. 2/16/94 49 11't, u C 306-1.2.13 Installation of Plastic Pipe and Fittinns. Add the following: 306-1.2.13.1 Installation of Perforated PVC Pipe PluKs. The perforated PVC pipe plugs shall be installed after the grouting operation has bee i 1 completed (Subsection 303-7). Perforated PVC pipe plugs shall be installed in all vertical and horizontal weepholes i shown on the Plans. Vertical weepholes between Sta. 111+00 and 113+00 shall be cored or drilled, an cleaned. The size of the coring or drilled hole shall be 4 inches in diameter and sha extend to a depth that is the larger of 24 inches or 6 inches below the grouted deptl Horizontal weepholes between Sta. 11 1 +00 and 113+00 shall be cleared of vegetation an loose debris, and excavated to a depth of 24 inches and to a diameter of 4 inches. Perforated PVC pipe for installation in the horizontal and vertical weepholes shall be cu to the proper length to match the hole depths described above. The perforated cap sha be fitted at one end of the pipe. The assembled pipe shall be inserted, capped end firs into the prepared weephole and pushed in to the prescribed depth. The annulus betwee the perforated drainage pipe and the concrete slab shall be sealed using cement mortar o Type "E" Joint Sealant (per Section 201 -3.8 or equivalent). 306-1.2.13.2 Payment. Furnishing of the perforated PVC pipe plugs for installation in the weepholes will be paic at the Contract Unit Price per linear foot of perforated PVC furnished. The Contract Uni Price shall include full compensation for the assembling of the plug as shown on the Plan. 8 1 I 1 1 I 1 1 1 1 8 I 8 I @ 1 or in the Specifications. The installation of the perforated PVC pipe plugs will be paid at the Contract Unit Price fo each plug installed in the vertical and horizontal weepholes as shown in the Plans or in thc Specifications. The Contract Unit Price shall include full compensation for the preparatioi of the weepholes, the placement of the pipe plugs, the sealing of the annulus, and thc grinding of any protruding pipe as shown on the Plans or in the Specifications. 1 2/16/94 APPENDIX 1 CALIFORNIA DEPARTMENT OF FISH AND GAME AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTJXATION 1 I'.* 1 1 I 1 I 1 1 8 1 1 I I I 1 i 8' I I 1-1 @&E c.r :-{ ;-2 FAR 1 8 1934 LLLL 4 hD CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 EtdGisEzfi)gG Notification ~0.5-008-94 Page 1 of 3 D P.A. I? LZ? EN T AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fi: and Game, hereinafter called the Department, and Frank Jimeno of City of Carl: 2075 Las Palmas Dr.: Carlsbad, CA 92009; (619) 438-1161 ext. 4501 , State of California , hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section 1601 of California Fish and Game Code, the Operat on the 10th day of Januarv , 1994, notified the Department that they intend t divert or obstruct the natural flow of, or change the bed, channel, or bank of, use material from the streambed(s) of, the following water(s) : Buena Vista Cree San Diego County, California, Section 32 Township 11s Range 4W . WHEREAS, the Department has determined that such operations may substantially adversely affect existing fish and wildlife resources including: liqht-footed clapper rail, waterfowl and all aauatic resources and wildlife in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlif resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitt to the Department of Fish and Game. Failure to comply with the provisions of th Agreement and with other pertinent code sections, including but not limited to F and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with germits required from 0th agencies. This Aqreement becomes effective the date of Department's siqnature and terminat' February 28, 1995 for project construction only. This Aqreement shall remain in effect €or that time necessary to satisfy the terms/conditions of this Aqreement Page 2 of -3- STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-008-94 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activitic not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to repair the headwall of the concrete-lined channel, impacting 2000 square feet of stream. The project is located just east of El Camino Real in the City of Carlsbad. 3. The agreed work includes activities associated with No. 2 above. The project area is located in Buena Vista Creek in San Diego County. Specific work areas anc mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement. 4. No impacts (eg. removal or crushing) shall occur to vegetation in the stream from March 15 to July 15 to avoid impacts to any nesting birds OR a directed surve shall be conducted immediately prior to the vegetation impacts; if anv nesting bir would be impacted, the Operator shall not proceed with vegetation impacts until th young are fledged. The Operator shall submit the survey(s) to the Department for review and approval prior to initiating impacts to the vegetation. 5. No work shall be conducted from March 1 to October 1 to avoid any impacts to clapper rail OR The Operator shall conduct directed surveys for clapper rail once weekly to ensure NO impacts occur to clapper rail and/or their nests. The Operato shall submit an initial survey to the Department for review and approval prior to initiation of the project, and weekly surveys thereafter. If an active clapper ra nest is within 750 feet of the construction site, all work shall cease immediately and shall not resume until the young have fledged and the Department approves it i writing. 6. If the work requires that the clapper rail be removed, disturbed or otherwise impacted, the Operator shall obtain the appropriate state and federal endangered species permits. 7. The Operator shall not disturb more than 2000 square feet of stream. No other impacts to the stream shall occur. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. 8. Installation of structures shall be such that water flow is not impaired. The structure shall be properly aligned within the stream and otherwise engineered, installed and maintained, to assure resistance to washout, and to erosion of the stream bed, stream banks and/or fill. Water velocity shall be dissipated at the outfall, to reduce erosion. 9. Equipment shall not be operated in wetted areas (including but not limited to ckrrm. Access to the worksite shall be via existing roads and access ramps. ?cofd meGHs 04 A fc-po~ury J;,,,~Q/ y////Gye .Ib ~w/'+v/ t e m,,cfr h veyefHbcl b/ &e e94/,ueem q 10. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 12. The perimeter of the work site shall be adequately flagged or otherwise identified to prevent damage to adjacent riparian habitat. 13. Staging/storage areas for equipment and materials shall be located outside of the stream. g ponded, flowing, or wetland areas) . - - sifzkLinczp?=ed--* 1-2 1 h‘La Page 3 of 3 STREAMBED ALTEMTION CONDITIONS FOR NOTIFICATION NUMBER: 5-008-94 I 1 S 8 1 1 i 1 1 1 1 D 1 14. Structures and associated materials not designed to withstand high water f shall be moved to areas above high water before such flows occur. 15. Raw cement/concrete or washinqs thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could I: hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. of these materials, placed within or where they may enter a stream, by Operator any party working under contract, or with the permission of the Operator, shall removed immediately. 16. If a stream‘s low flow channel, bed or banks have been altered, these shal: returned as nearly as possible to their original configuration and width, withoi creating future erosion problems. 17. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concx or washings thereof, oil or petroleum products or other organic or earthen matex from any construction, or associated activity of whatever nature shall be allow6 enter into or placed where it may be washed by rainfall or runoff into, waters c the State. when operations are completed, any excess materials or debris shall removed from the work area. No rubbish shall be deposited within 150 feet of tk high water mark of any stream. 18. The Operator shall comply with all litter and pollution laws. All contract subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 19. No equipment maintenance shall be done within or near any stream. channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 20. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator’s project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active w and must be presented to any Department personnel, or personnel from another age upon demand. 21. The Department reserves the right to suspend and/or revoke this Agreement i the Department determines that the circumstances warrant. The circumstances tha could require a reevaluation include, but are not limited to, the following: a. Failure to comply with the terrns/conditions of this Agreement. b. The information provided by the Operator in support of the Agreement/Notifi.cation is determined by the Department to be incomplete, or inaccurate. c. When new information becomes available to the Department representative( that was not known when preparing the original terms/conditions of this Agreemen d. The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. I CONCURRENCE (Operator’s name) California Dept. of Fish and Game dJ&Y /4&L (signature) (date) yh!z- (date) fiDjJG 4 LHQzA%-- ( t it‘le 1 (title) Environmental Specialist 111 i &y/fl/&/Y &f&yL%%?/ 8 1-3