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Orange County Striping Service Inc; 1998-04-01; CS97-7
CITY OF CARLSBAD San Diego County California OPEN MARKET CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR CROSSWALK REMOVAL & REPLACEMENT CONTRACT NO CS97-7 4/8/97 TABLE OF CONTENTS Item Page NOTICE INVITING BIDS 1 CONTRACTOR'S PROPOSAL 4 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 BIDDER'S CERTIFICATE OF INSURANCE 12 BIDDER'S STATEMENT RE: DEBARMENT 13 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 16 CONTRACT - PUBLIC WORKS 17 REPRESENTATION AND CERTIFICATION 24 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION 25 SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION I. ADDITIONAL GENERAL SPECIFICATIONS FOR THERMOPLASTIC REMOVAL & REPLACEMENT III. STANDARD SPECIFICATION FOR HOT APPLIED REFLECTIVE THERMOPLASTIC STRIPING MATERIAL - WHITE, YELLOW, AND BLACK. IV. STANDARD SPECIFICATION FOR PREFORMED THERMOPLASTIC PAVEMENT MARKINGS 4/8/97 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 5:00 P.M. on the 24th day of NOVEMBER -19 97 for performing the work as follows: CROSSWALK REMOVAL & REPLACEMENT OPEN MARKET CONTRACT NO. CS97-7 The work shall be performed in strict conformity with the specifications on file with the Community Services Department. The specifications for the work include the Standard Specifications of Public Works Construction. 1994 Edition, and the 1995 and 1996 supplements thereto, all hereafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 6. Bidder's Statement of Technical Ability and 2. Non-Collusion Affidavit Experience 3. Designation of Subcontractors 7. Bidder's Statement re: Debarment and Amount of Subcontractors 8. Bidder's Disclosure of Discipline Record Bids 9. The Open Market Contract-Public Works 4. Certificate of Insurance 10. Purchasing Department Representation and 5. Bidder's Statement of Financial Certification Responsibility 11. Escrow Agreement for Security Deposits (optional) All bids will be compared on the basis of the total bid price as calculated on the Bidder's Proposal form for the quantities and unit prices indicated thereon. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. In no case shall the cost of this agreement exceed $25,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration CS97-7 -1 - 4/8/97 f- .4 date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: A. C-32. C-33 in accordance with the provisions of state law. A City of Carlsbad Business License is required for all contractors and sub-contractors. 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 Contract documents and special provisions may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, at no cost. If specifications are to be mailed, the cost for postage will be paid by the requester. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770,1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. There will be no pre-bid meeting or tour of the project sites. Bidders should visit the project sites at their leisure prior to submission of their bid. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. CS97-7 -2- 4/8/971^ Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or off-site, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract is contingent upon the Contractor submitting the required insurance as described in the contract, within twenty days. If the contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security may be forfeited. The prime contractor and subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN. Drtnhpr 31. 1QQ7 Date RutnFleXcher, Purchasing Officer CS97-7 -3- 4/8/97 * <• * City of Carlsbad Purchasing Department November 21, 1997 ADDENDUM NO. 1 BID/PROJECT NO. CROSSWALK REMOVAL & REPLACEMENT. CS97-7 C Please include the attached addendum in the Notice to Bidders/Request for Bids you have for the above project. This addendum - receipt acknowledged - must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:hlh Attachment C ACKNOWLEDGE RECEIPT OF ADDENTDUM NO. 1 Bidder's Signature 4/8/97^* 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2803 • FAX (760) 434-1987 CITY OF CARLSBAD, CALIFORNIA CROSSWALK REMOVAL & REPLACEMENT OPEN MARKET CONTRACT NO. CS97-7 ADDENDUM NO. 1 1. Page 1,1f1 CHANGE TO READ: Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, Califorfiia 92008-1989, until 5:00 P.M.. on the 5th day of December , 19 97 . 2. Pages 4-7 REMOVE AND REPLACE WITH THE ATTACHED PAGES 4a - 7a 3. Page 32, fl 2-4 CONTRACT BONDS ELIMINATE SECTION 2-4 "CONTRACT BONDS" - No bonding is necessary for this contract. f^ 4. Page 55, Section IV. CROSSWALK REMOVAL & INSTALLATION, U A 5. CHANGE TO READ: Contractor will completely remove existing crosswalks by grinding or by wet sandblasting no more than five (5) calendar days prior to the installation of thermoplastic. Method of removal will typically be wet sandblasting. At specific sites, based on type of pavement and at the sole discretion of the Public Works Director or his approved representative, grinding shall be allowed. Permanent thermoplastic installation is to be scheduled so that all locations are to be completed prior to the end of the work week in which the existing markings were removed. C 4/8/97 CITY OF CARLSBAD OPEN MARKET CONTRACT NO. CS97-7 FOR CROSSWALK REMOVAL & REPLACEMENT CONTRACTOR'S PROPOSAL City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Contract Documents and Special Provisions, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Open Market Contract No. CS97-7 in accordance with the Contract Documents and Special Provision and the Standard Specifications of the City of Carlsbad and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item Description with Item Unit Price or Lump Sum Approximate Unit No. Price in Words _ Quantity Prira TOTALc^*"r 1. Removal of existing 12" crosswalk/limit line by wet sandblasting, complete in place at dollars and cents per square foot. 7,194 Sq.ft. $_/_: _ $ 9 3^0 &. 2. Removal of existing 12" crosswalk/limit line by grinding, complete in place at (O/v£ • ----- -^ dollars and Ti^tiwry T^O cents per square foot. 1 Sq. ft. $ /> _ $ 3. Removal of existing 8" left turn pocket line by wet sandblasting complete in place at dollars and _ cents per square foot. 1 Sq. ft. $ £. , $ 4. Removal of existing 8" left turn pocket line by grinding complete in place at ' — "" ~- — dollars and A/a — — - -cents per 0 0 square foot. 1 Sq. ft. $ ^ > CS97-7 4a 4/8/97 Item Description with < Item Unit Price or Lump Sum Approximate Unit No. Price in Words Quantity Price TOTAL 5. Installation of 12" yellow painted crosswalk/limit line complete in place at dollars c „•«<-""- and £jX-E=y. — cents per square foot. £^ ^° 1 Sq.ft. 6. Installation of 8" white painted left turn pocket line complete in place at • dollars and ft fry ' cents per ^ square foot. £7 ^, ^° 1 Sq.ft. $ /. $_ 7. Installation of 12" white hot applied thermoplastic crosswalk/limit line complete in place at £W £, " —" dollars and 77*//try f^o^L cents per square foot. 7,194 Sq.ft. $ /. 8. Installation of 12" yellow hot applied thermoplastic crosswalk/limit line complete in place at — dollars and f<o fLT'y '—-"— cents per square foot. 1 Sq. ft. $ /. 9. Installation of 8" white hot applied thermoplastic left pocket line complete in place at dollars and A/0 — 1 Sq. ft. $ X . cents per square foot. 10. Installation of 12" white preformed thermoplastic crosswalk complete in place at S \ X — / / dollars and AsQ — 1 Sq. ft. $ &' $_ cents per square foot. 11. Installation of 12" yellow preformed thermoplastic crosswalk/limit line complete in place at <T/ x -~~~ ""• dollars and A/O cents per -o o square foot. 1 Sq. ft. $ b. $_ CS97-7 5a 4/8/97^ Item Nn 12. 13. Item Description with Unit Price or Lump Sum Price in Words Installation of 8" white preformed thermoplastic left turn pocket line complete in place at S\ y — — dollars and A/ig ' cents per square foot. Minimum payment for work in lieu of adequate quantity of work necessary to meet mobilization costs complete at dollars cents.and /v/o Approximate Quantity Unit Price TOTAL 1 Sq. ft. $$ 1 lump sum. $$ c SPECIAL NOTE: With the exception of items #1 ancL#7, tha.esiFmateidf quantities above are for bid purposes only. The intent of; this contract, is. to, remove ex|st|nig;istriping and replace it with hot applied white thermoplastic at specific locations: Tfte: Qffi^^Bn|K.|isted here would only be requested to supplement our in-house programs: in specifi^|^ses:;vvhich would place undue burden on City staff and/or equipment or forwWcli"City^aewi^^^|ftptcornplete within a timely manner. Should any of these items be necessary, aiseplriKpHrchase order will be issued based on these bid prices. These unit prices sh^lF remain flrmilfe8he?full year following award of this contract. • ' "". ^ This bid will be awarded solely on the sum of the extended bid;j3rfcegfoCTferns#1 and #7 only. Total amount of bid (items #1 and #7 only) in words: Clfrl-fT'iE.gA/ T>H>UiVWA F0 fir Y (c-1 £ U Total amount of bid (items #1 and #7 only) in numbers: $ f S* g 9 £?. Price(s) given above for items #1 and #7 are firm for 90 days after date of bid opening. Prices for all other bid items are firm for one full year after award of the contract. : has/have been received and is/areAddendum(a) No(s). _ included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary [ ] Bonds [applicable only if checked] and insurance policies within twenty (20) days CS97-7 6a 4/8/97 C from the date of award of contract by the City, the City may administratively authorize the award of the contract to the second or third lowest bidder. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 3 H (o O ^ 5" , classification C which expires on riAncu 3( . t*\^^ , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non-responsive and shall be rejected by the City. §7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code §20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer, agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. 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. CS97-7 7a 4/8/97 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) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. C CS97-7 - 8 - IF A CORPORATION. SIGN HERE: ORANGE COUNTY STR1PZNG SERVICE INC. (1) Name under which business is conducted tsm P^LT/ST. ORANGE, CA &2S63 (2) Signature / DOUGLAS A. PATTERSON VICE PRESIDENT Title Impress Corporate Seal hereI (3) Incorporated under the laws of the State of \,: /< £"-*"«. (4) Place of Business ORANGE COUNTY STRIPING ®W« «? Number> .... . _. 183 N. PiXLEY ST.City and State pn»?,r.f r. f.?fiS8 (5) Zip Code Telephone No. (~7"/}6 '.$?- NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation. If a partnership, list names of all general partners, and managing partners: Lt. 7 J <•>. If I- ./'• <• 5. < ;. r/.-.-^- > c. (. ,'. s-./-, 7d" ^ A- / ,"M 6 ^ /c /^.^ ^^S,- CS97-7 -9- 4/8/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 1 r*"w< J**-, ^4 ! ; i !i ' i I '< ii ' '<ii J jjgjggggggggggggggggg^ggggggggsggg ^State of \ix oJjJ C>A/X\JU^ County of P)iA^u-ruQu~ On \\-\c\ -^ before personally appeared VJ QMJLW I^LA 1El personally known to me - OR - D • /^?^\ MARIANNE BUFORD 1 < /t*?£Sk>N COMM. # 1042346 $I « JalaSO Notary Public - CaHfomta > 1 I \Ml&fy ORANGE COUNTY p f ^-^^My Comm. Expires OCT 19, 1998 § Though the data below is not required by law, it ma fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER. UiJ.*»JL Tl AJJ^iJ .fJjL/YvJ" TITLE(S) r— | r— |U PARTNER(S) LJ LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) (9.Q.S.O. ggggggjgjggggjgggggggggggjggjgggSjgjggggggggggi mk>r- M^^R,,>™i^UM ^..UL*. \ NAME, TITLE OF OFFlclp? - E.G., 4JANE DOE, NOTABY PUBLIC" V U } NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ||Zkre subscribed to the within instrument and ac- knowledged to me that (Jae^she/they executed the same in (hjs/*her/their authorized capacity(ies), and that by l^)her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. YTYi AJi £> /YVYxJO MS\_A^J (LfV^ \ SIGNATUfli OF\NOTARY y prove valuable to persons relying on the document and could prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT "t, 3 SIGNER(S) OTHER THAN NAMED ABOVE aoQw«WBeH»W«*w***wa¥»*W»M*«aw»aas!W^ 111i1ll ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal) 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: This project does does not have bid items designated as "SPECIALTY ITEMS." Items of Complete Address Phone No. Work Full Company Name with Zip Code & Area Code - A/QA/£ CS97-7 -10 - 4/8/97 AMOUNT OF SUBCONTRACTORS' BIDS (To Accompany Proposal) The bidder is to provide the following information on the sub-bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ or %) A/cOA//£ Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. CS97-7 -11 -4/8/97^* COMPANY NO. 100 ORANGE COUNTY STRIPING SERVICE,INC. BALANCE SHEET OCTOBER 31, 1997 RUN DATE: 11/07/97 ASSETS CURRENT ASSETS CASH SAVINGS ACCOUNT INVENTORY ACCOUNTS RECEIVABLE, net $ (209,919) 107,182 235,351 2,284,792 TOTAL CURRENT ASSETS FIXED ASSETS VEHICLES EQUIPMENT ACCUMULATED DEPRECIATION 1,666,430 553,105 1,591,597 $ 2,417,407 TOTAL FIXED ASSETS OTHER ASSETS EMPLOYEE RECEIVABLES PRE-PAID ASSETS GOODWILL 4,755 48,709 82,167 627,938 TOTAL OTHER TOTAL ASSETS 135,631 $ 3,180,976 LIABILITIES CURRENT LIABILITIES ACCOUNTS PAYABLE CURRENT PORTION - DEBT $ 619,928 128,567 TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES LONG-TERM PORTION DEBT STOCKHOLDER LOANS 237,209 456,865 $ 748,495 TOTAL LONG-TERM LIABILITIES STOCKHOLDERS' EQUITY COMMON STOCK, par value PAID IN SURPLUS RETAINED EARNINGS CURRENT PERIOD INCOME 694,075 100,000 17,000 1,072,498 548,909 TOTAL STOCKHOLDERS' EQUITY 1,738,407 TOTAL LIABILITIES & EQUITY $ 3,180,976 CERTIFICATE OF LIABILITY INSURANCE.... DO>RANG-1 PRODUCER Smith-Newman & Adamson Insurance Agency, Inc. 285 Imperial Hwy, Suite 104 ullerton CA 92835-1048 DATE (MM/DD/YY) 02/04/98 Suzanne Adams PhoneNo. 714-773-4084 Fax NO. 714-773-5478 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A No. American Capacity Ins. Co INSURED COMPANY B Fireman's Fund Ins. Companies Orange County Striping Services, Inc. 183 N. Pixley St. Orange CA 92868 COMPANYC General Security Ins. Co. COMPANY D COVERAGES THIS I INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY CLAIMS MADE | X | OCCUR OWNER'S & CONTRACTOR'S PROT NAG002103 06/01/97 06/01/98 PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) $2000000 $ 1000000 $1000000 $ 1000000 $50000 $Nil AUTOMOBILE LIABILITY B ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS MXA80170844 06/01/97 06/01/98 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $2000000 UMBRELLA FORM OTHER THAN UMBRELLA FORM UB62048 06/01/97 06/01/98 AGGREGATE $2000000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU-TORY LIMITS OTH-I ER EL EACH ACCIDENT THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Project: All Operations of the named insured. Its agreed The City ofCarslbad is included as additional insured per the attached endorsement. CERTIFICATE HOLDER CARLSBA City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad CA 92008-1989 ACORD Z5-S (1/95) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Suzanne Adams V\MJL ©ACORD CORPORATION 1988 POLICY NUMBER: . COMMERCIAL GENERAL LIABILITY " " '" '• CG 201010 93 NAG002103 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: SCHEDULE Name of Person or Organization: „. _ . . . . ,.-----* "As Required by written contract" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed forthat insured. CG 201010 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 P.O. BOX 420807. SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE . CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 1, 199> r CITY OF CflRLSBflD V'. > 1E«|0 CflRLSBflD VlLLft||. DRIVE CflRLSBflD CflLIFOftltift CERTIFICATE EXPIKES: JOB: RLL OPERATIONS "312-97 UNIT 0315590 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed hereip. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance mgy £8 fssu^d;:pr may pertain^ the Insurance afforded by the policies described herein is subject to all the terVns, exclusions and oorwrtions of such'policies. f -. - ,.: •** AUTHORIZED REPRESENTATIVE EMPLOYER'S LIOBILITY LIMIT INCLUDING PRESlOeNT COSTS: *1,0130,000 Pgtf OCCURRENCE EMPLOYER r ORftNGE COUNTY STRIPING SERVICES, INC; 103 NORTH PIXLEY STREET ORANOE COLIFORNIO 92868 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV. 3-95) T ' T onn? cm 'AJT VU.T am nc ir BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked "CONFIDENTIAL." CS97-7 - 12 - 4/8/97* ,4 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract • Completed QsliJlMvT LUVULtjT (\jJWWV CU/l/tfA/T ciAA&c/irr Name and Address - ofthejEmptoyer • ®\*tJ£& ciry OF QctAA/JiA/L <L»^V oF PowAy Cirv <of Z/^I/IA/£ c^irv OP AA/A^£//-I / CITY <0f AluMJfcTA = Name and Phone No. of Person to Contract Prt-uv_ fAce ^/2AA WTZMLli /tAU*H VMl&flS ALFR^X> y/^L/^A AllKL 6/2-OtfKJ. Type of Work rr/? t/3//^^ •f' 7>ff JZA1Orr^i^/^^ r TH-C/t^-i^ S-ffaPiVt-si& \fiMC- *-run mo ST<L\P\S& <^rnXjCAio Amount of Contract •3^000. SO.OOQ. WO. 000. \>DO bOD. lO.Oofl. , . . CS97-7 -13-4/8/97 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) As a required part of the bidder's proposal the bidder must attach either of the following to this page. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the bidder, will issue to the bidder policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and certificates of insurance to the agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract a must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover any vehicle used in the performance of the contract, used onsite or off-site, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. CS97-7 -14 - BIDDER'S STATEMENT RE: DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? y yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred agency period of debarment party debarred agency period of debarment BY CONTRACT^ COUNT¥ STRIPING SERVICE INC. 183 N. PKLEY ST. _ ORANGE, CA 82»8 (name of Contractor) Bv: X_9y VICE PRESIDENT (print name/title) CS97-7 -15- BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License board, P.O. Box 26000, Sacramento, California 95826. 1. Have you ever had your contractor's license suspended or revoked by the California Contractors State license Board two or more times within an eight year period? X yes no 2. Has the suspension or revocation of your contractor's license ever been stayed? A4- yes no 3. Have any subcontractors that you propose to perform any portion of the work ever had their contractor's license suspended or revoked by the California Contractors State License Board two or more times within an eight year period? yes no 4. Has the suspension or revocation of the license of any subcontractors that you propose to perform any portion of the Work ever been stayed? yes no 5. If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) CS97-7 -16- 4/8/97 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. /I/A (Attach additional sheets if necessary) BY CONTRACTOR: CHANGE ^ ORANGE, CA S2663 (name of Contractor) By: ^KC PATTERSON VICE PRESIDENT (print name/title) CS97-7 -17 - State of California County of /O .. ^- /a > A (Mame of Bidder) and says NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 ) ) ss. '^--- being first duly sworn, deposes that \\e> or she is I// of (Title) -j ,> /- ./-y., (Name ofFirm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the / % '" day of /!<,,.,;. -l-<-~ _ , 19J2_Z- Signature of-Bidder Subscribed and sworn to before me on the f '^ QL day of v \/»uiYn.iA \ , 1 9_3j_ (NOTARY SEAL) CS97-7 MARIANNE BUFORD COMM.* 1042846 Notary Public - California ORANGE COUNTY . Expire* OCT19.1998 on <5iinatiirp of NnteruSignature of Notary -18-4/8/97^% OPEN MARKET CONTRACT - PUBLIC WORKS This agreement is made this lst day of April , 19 98 . by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ORANGE COUNTY STRIPING SERVICE. INC. whose principal place of business is 183 NORTH PIXLEY STREET. ORANGE. CA 92868 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Open Market Contract documents for Crosswalk Removal & Replacement, Contract No. CS97-7 (hereinafter called "project"). 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Open Market Contract documents. 3. Open Market Contract Documents. The Open Market Contract documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-Collusion Affidavit, Escrow Agreement, the Plans and Specification, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Open Market Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the contractor's expense to fulfill the intent of said documents. In all instances trough the life of the contract, the City will be the interpreter of the intent of the Open Market Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of the condition of the contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplements thereto, 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 project manager will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the job site, the soil conditions at the job site, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. CS97-7 -19 - Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contractor or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration 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. 8. Prevailing Wage. Pursuant to the California Labor Code, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, CS97-7 -20- 4/8/97^.4 damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorney fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMIT: Contractor shall maintain the types of coverages and minimum limits indicated herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insureds. 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 anv vehicle used in the performance of the contract, used onsite or off-site, whether owned, non- owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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. (B) ADDITIONAL PROVISIONS: Contractor shall ensure tat 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 insureds 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. CS97-7 - 21 - 4/8/97 m 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- «, *" insurance maintained by the City, its officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees orm volunteers shall be in excess of the Contractor's insurance and shall not ^ contribute with it. • 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. m 4. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with ~ respect to the limits of the insurer's liability. *" (C) "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 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. (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. ** (F) WAIVER OF SUBRUGATION: All policies of insurance required under this ^ agreement shall contain a waiver of all rights of subrogation the insurer may have or *"" may acquire against the City or any of its officials or employees. Mi (G) SUBCONTRACTORS: Contractor shall include all subcontractors as insured under "*" its policies or shall furnish separate certificates and endorsements for each ^ subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS: 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 transact ^ the business of insurance by the Insurance Commissioner under the standards specified by the City Council in Resolution No. 91-403. *M (I) VERIFICATION OF COVERAGE: Contractor shall furnish the City with certificates *"" of insurance and original endorsements affecting coverage required by this clause. mm The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates •"" and endorsements are to be in forms approved by the City and are to be received — and approved by the City before work commences. „ 11. Claims and Lawsuits. All claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, ** Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy ^ of Article 1.5 is included in the Special Provisions I section. The contractor shall initially "** CS97-7 -22- 4/8/97 f- * submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (Section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may be subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of the Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is ground for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. I have read and understand all provisions of Section 11 above. Initial 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to CS97-7 -23- 4/8/97 by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required bv 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. CS97-7 -24- 4/8/97 16. 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. NOTORIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: 0 i By: </ (name of Contractor) (print name and title) <2 *' (sign here) __-/ STEPHEN J.HEINZEN SECRETARY/TRRASTTBRP (print name and title) CITY OF CARLSBAD a municipal corporation of the State of California City Clerk ) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE MOBALDI Deputy City Attorney CS97-7 -25-4/8/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On \-£L|0-clg Date personally appeared ru 4 ^vll Name and Title of Officefye.g., "Ja'ne Doe,\Notary Publfc") T IAS JQ^-fyCAS- Name(s) of Signer(s) | SLpersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is^re^ubscribed to the within instrument and acknowledged to me that he/sheifiheyj^xecuted the same in his/herffieTrjaiithorized capacity(ies), and that by his/herfffjejF|iignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARIANNE BUFORD COMM.# 1042846 § Notary Public - CaHfomta § ORANGE COUNTY 'My Comm. Expires OCT19.1998 WITNESS my hand and official seal. Signature of*I Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ' Y\ I Signer(s) Other Than Named Above: . Number of Pages:. Capacity(ies) Claimed by Signer(s) Signer's f^^. £\, D Individual ££ Corporate Officer Title(s): ( D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: 0. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: . D Individual $ Corporate Officer Title(s): D Partner — D Limited 'D General D Attorney-in-Fact D Trustee D Guardian or Conservator CH Other: Signer Is Representing: d fi. J- .1 RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offerer represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: Are you currently certified by CALTRANS? YES NO !/ Certification #: (Check appropriate Ethnic Ownership TV ETHNIC CODES Caucasian Black Hispanic Asian-Pacific Native-American Asian-Indian MALE DC pe) FEMALE CERTIFICATION OF BUSINESS REPRESENTATIONS: Mark all applicable blanks. This offerer represents as a part of this offer that: This firm is , is not X a minority business. This firm is , is not .y a woman-owned business. DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, 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. WOMAN-OWNED BUSINESS: A woman-owned business is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: x CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): LICENSE NUMBER:C 32. TAXPAYERS I.D. NO. 73" 3^ COMPANY NAME ORANGE COUNTY STRIPING SERVICE Be"1™ NAME 183N.PKLEYST. DOUGLAS hmr w wia-.-*-a^ tr*a E VICE PRESIDENT ADDRESS ORANGE, CA S2«58 TITLE A CITY, STATE AND ZIP 3 / SIGNATURE TELEPHONE NUMBER DATE CS97-7 -26- OPTIONAL ESCROW AGREEMENT FOR SECURITY "**' DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the construction contract entered into between the City and Contractor for Crosswalk Removal & Replacement, Contract No. CS97-7, in the amount of. dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for contract earnings, the Escrow Agent shall notify the City within ten days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. CS97-7 -27- 4/8/97** 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to 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. 9. 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. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title . Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. CS97-7 -28- 4/8/97 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address Title Name Signature Address CS97-7 -29-4/8/97 * * SPECIAL PROVISIONS FOR " CROSSWALK REMOVAL & REPLACEMENT CONTRACT NO. CS97-7 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. CS97-7 -30- 4/8/97 Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal ,1%*"*' dispute resolution. 1 Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City Engineer is the third level of appeal for informal dispute resolution.i i Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. i , Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor , owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be1 included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. i Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. ' Project Manager - the Public Works Director of the City of Carlsbad or his/her approved representative. .i i Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 ~ SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. CS97-7 -31- 4/8/97** 2-4 CONTRACT BONDS, modify as follows: 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 this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by.laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the 1995 and 1996 supplements thereto, 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. There are no construction plans associated with this contract. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of these drawings can be obtained at the Engineering Counter in the Community Development Building located at 2075 Las Palmas Drive, Carlsbad, CA 92009. CS97-7 - 32 - 4/8/97 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. ' . 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. CS97-7 - 33 - 4/8/97* ,4 Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 8V2" by 11" paper. The field notes, calculations and data shall be clear and complete with name of field party chief, field crew members, preparer, date of observation or calculation, consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code showing all SDRS M-10 monuments set. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at 50 foot intervals as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 25-foot intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and each end of the local depression. Curbs/curbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 1/4, 1/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing specific finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pipe on main line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or CS97-7 - 34 - 4/8/97^* fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of any other activities within the limits of the work. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining CS97-7 - 35 - 4/8/97* * rental and delay costs shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. CS97-7 -36- 4/8/97 "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Street Maintenance Supervisor 2. Street Maintenance Superintendent 3. Public Works Director 4. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which he may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: CS97-7 -37- . 4/8/97 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. CS97-7 - 38 - 4/8/97o (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c)The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. CS97-7 -39- 4/8/97^^% SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, add the following: 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 Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. SECTION 5 - UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed ^MK CS97-7 -40- 4/8/97** by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-6 COOPERATION. Add the following: On-going construction projects may inhibit the Contractor's access to specific locations during the course of the contract. The Contractor will be expected to coordinate with project inspectors when feasible. Specific sites may be deleted or exchanged for others at the discretion of the Street Maintenance Supervisor should access be inhibited or denied due to construction. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6- 1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for default by Contractor, per section 6-4. CS97-7 - 41 - 4/8/97 Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual timespan of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. CS97-7 -42- 4/8/97 Add the following section: 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. Add the following section: 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. Add the following section: 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2. Add the following section: 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6- 4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. CS97-7 -43- 4/8/97** Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8 Measurement and Payment. There will be no separate payment made for costs associated with the preparation and maintenance of a Construction Schedule. Payment will only be made for actual work completed at the unit rate for each item on the Bidder's Proposal. All costs associated with preparation and maintenance of a Construction Schedule shall be included in said bid prices. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within twenty-five (25) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one (1) year after recordation of a "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. CS97-7 -44- 4/8/97^* 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $100.00 per day. Execution of the Contract shall constitute agreement by the Agency and Contractor that $100.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Modify the first sentence to read: Except as specified herein 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. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be CS97-7 -45- 4/8/97 considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing excavation for signs in order to protect underground facilities. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 12-3.06B, "Portable Signs", of the CALTRANS Standard Specifications; or Reflexite vinyl microprism reflective sheeting signs; or 3M high CS97-7 -46- 4/8/97 intensity reflectorized sheeting on aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be installed on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside signs, except as follows: (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500- C-2500 concrete. (f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7, "Reflective Sheeting Aluminum Signs", and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 1500mm and larger shall be framed unless otherwise specified. (b) Frames shall be constructed in accordance with "Framing Details for Sheet Aluminum Signs," Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality. Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206-7, "Reflective Sheeting Aluminum Signs", or shall be Type IV reflective sheeting, cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, "Reflective Sheeting Aluminum Signs". The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. If portable signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original locations. Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC "Public Convenience and Safety." Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or CS97-7 - 47 - 4/8/97 covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be seven (7) inches long. The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within two (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified CS97-7 -48- 4/8/97 in Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work ', causes obliteration of pavement delineation, temporary or permanent pavement delineation shall , " be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work ' necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary ' pavement delineation shall be removed by grinding. ' Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose i material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be • maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When 1 temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. ' Add the following section: 7-10.3.6 Modifications and Additions to Traffic Control Plan Sheets. The Contractor shall submit new Traffic Control Plans (TCP) for the Engineer's review prior to any construction. The , Notice to Proceed will not be issued until the Traffic Control Plans have been approved. All expenses associated with preparation and approval of the Traffic Control Plans shall be borne by the Contractor and included in the unit costs for each bid item. No additional payments will be made therefore. All Traffic Control Plans submitted must meet the requirements of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation ' and of the Engineer. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent , accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. i 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this ' work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. CS97-7 - 49 - 4/8/97** SECTION 9 - MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for his information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall retain 10 percent of such estimated value of the work done and 10 percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined CS97-7 -50- 4/8/97^* by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written statement or further information, whichever is longer, for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. CS97-7 -51- 4/8/97 Add the following section: 9-3.4.1 Mobilization and Preparatory Work. The costs associated with mobilization and preparatory work shall be included in the unit prices as submitted on the Bidder's Proposal. No additional payments will be made therefore. CS97-7 - 52 - 4/8/97 ADDITIONAL GENERAL SPECIFICATIONS FOR THERMOPLASTIC REMOVAL & REPLACEMENT COMPENSATION A. Compensation for biddable items shall be in accordance with the prices submitted on the Bidder's Proposal as submitted by the Contractor and approved by the City Manager upon award of the bid. B. In no case shall the total amount of this contract exceed $25,000. The Site Listing included herein is for estimation purposes only. The City reserves the right to modify this list as necessary to ensure that the total cost of this contract does not exceed the $25,000 limit. II. DUTIES OF THE CONTRACTOR A. Contractor is responsible for protecting all underground facilities, including but not limited to traffic signal detection loops, at each work site. This includes notification of Underground Service Alert and coordination for markouts and joint meets when necessary. - B. Contractor shall make an independent investigation of the jobsites, the soil conditions at the jobsites, and all other conditions that might affect the progress of the work, and is aware of those conditions. The bid prices included payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions, and has not relied on information furnished by City. C. Contractor is responsible for providing, placing, and removing all necessary traffic control devices. If adequate traffic control is not in place, Contractor must stop all work and vacate the right-of-way until traffic control is satisfactory to the Public Works Director or designee. In cases where specific devices are required but not readily available to the Contractor, they may be borrowed from the City when available. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the latest edition and revision of the State of California, Department of Transportation Traffic Manual, Manual of Traffic Controls for Construction and Maintenance Work Zones. During adverse weather or unusual traffic or working conditions, additional traffic control devices shall be placed as directed by the Public Works Director. All traffic signs and devices shall conform to the current State of California, Department of Transportation, Manual of Warning Signs. Lights, and Devices for Use in Performance of Work upon Highways, unless otherwise approved by the Public Works Director. CS97-7 -53- 4/8/97 D. All work performed by the Contractor will be in accordance with all applicable v standard specifications. Non-conforming work shall be removed and replaced by the Contractor upon written notification by the Public Works Director. Any costs associated with the removal and replacement of non-conforming work shall be borne 1 by the Contractor. E. Contractor shall provide all labor, materials, tools, equipment, and personnel to • perform the work specified herein. MATERIALS A. Thermoplastic 1. All thermoplastic shall conform to the specifications for hot applied thermoplastic and preformed thermoplastic as included herein. B. Painted Stripes and Pavement Markings NOTE: No painted stripes or pavement markings are anticipated for this contract. These specifications are included here for reference only in case the need arises for painted stripes and/or pavement markings. 1. All materials used shall be in accordance with the current City standards unless specifically approved otherwise by the Public Works Director. Specifications for hot applied thermoplastic and preformed thermoplastic materials are included herein and shall be used in lieu of other standards and specification for hot applied thermoplastic and preformed thermoplastic installations under this contract. 2. All painted traffic stripes and pavement markings shall conform to Section 84-1, "General", and Section 84-3, "Painted Traffic Stripes and Pavement Markings", of the Standard Specification and these Specifications. 3. Control of alignment and layout shall be the responsibility of the Contractor and subject to the approval of the City Traffic Engineer. Layout shall be based on the existing striping and pavement markings. In cases where the City Traffic Engineer has requested a change, a layout plan will be provided. 4. Section 84-3, "Materials", of the Standard Specifications is amended to read as follows for painted crosswalks: "Paint for traffic stripes and pavement markings shall conform to the following State Specifications: Paint: Rapid Dry Water Borne - White and Yellow State Specification Number: 8010-61G-30" CS97-7 -54- 4/8/97** 5. Glass beads shall conform to State Specification Number 8010-51J-22 (Type II). 6. Copies of State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, PO Box 19128, Sacramento, CA 95819 or by calling (916)739-2400. 7. The use of solvent borne paint is strictly prohibited. 8. Thinning of paint will not be allowed. 9. Paint shall be tested prior to use or the manufacturer shall provide the Public Works Director or designee with a Certificate of Compliance in accordance with the provisions of Section 6-1.07, "Certificates of Compliance", of the Standard Specifications. Said certificate shall certify that the paint complies with the specifications and that paint manufactured to the same formulation and process has previously passed State testing. A list of manufacturers that have produced paint meeting State specifications is available form the Transportation Laboratory. (Material supplied by manufacturers other than those that have manufactured approved paint will require complete testing.) IV. CROSSWALK REMOVAL & INSTALLATION A. Contractor will completely remove existing crosswalks by grinding or sandblasting. Existing pavement marks are not to be removed more than five (5) calendar days prior to the installation of thermoplastic. Permanent thermoplastic installation is to be scheduled so that all locations are to be completed prior to the end of the work week in which the existing markings were removed. B. Immediately upon removal of existing crosswalk striping, Contractor shall place temporary markings which have been approved for use by the Public Works Director prior to the start of work. Said temporary markings shall remain in place until the time of permanent thermoplastic installation. V. DRUG & ALCOHOL FREE WORKPLACE A. The City of Carlsbad is committed to maintaining a work environment free from the effects of drugs and alcohol consistent with the directives of the Drug Free Workplace Act. As a condition of this contract, the Contractor and the Contractor's employees shall assist in meeting the requirements of this policy as set forth in the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. B. Contractor agrees that the Contractor and the Contractor's employees, while performing service for the City, on City property, or while using City equipment will not be in possession of, use, or be under the influence of drugs or alcohol. C. The Contractor has the duty to inform all employees or agents of the Contractor that are performing service for the City, on City property, or using City equipment, CS97-7 -55- 4/8/97 f- .4 prohibition of drug or alcohol possession, use or impairment from same while performing such service for the City. D. The City has the right to terminate this contract and any other contract the Contractor has with the City if the Contractor or Contractor's employees are determined by the Public Works Director or designee to have breached the provisions of Section VII herein as interpreted and enforced pursuant to the provisions of the "City of Carlsbad Drug and Alcohol Use Policy" incorporated by reference herein. VI. EQUIPMENT A. The machinery and equipment used by the Contractor in the furtherance of this contract shall be modern, clean, and maintained in proper working condition at all times consistent with current standards of the industry and subject to the approval of the Public Works Director. B. As requested by the Public Works Director, the Contractor shall supply the City with a list of the equipment being used in furtherance of this contract including its make, model, date of manufacture and any other pertinent information. C. All equipment shall be available for inspection by the City upon 24 hour notification to the Contractor. VII. TRAFFIC CONTROL A. The Contractor will be required to submit traffic control plans to be approved by the Traffic Engineer prior to issuance of the Notice to Proceed. Preparation of these plans shall be the sole responsibility of the Contractor. Community Services staff will assist only with interdepartmental coordination. All drawings and revisions will be the responsibility of the Contractor. B. All traffic control devices shall be in accordance with the latest edition of the "Manual of Traffic Control Devices for Construction and Maintenance Work Zones" as published by the State of California, Department of Transportation (Caltrans). The Contractor will be responsible for providing, placing, and removing all temporary traffic control devices. C. The Contractor shall conduct his/her operations so as to cause the least possible interference with public traffic. VIII. STATUS OF THE CONTRACTOR A. The Contractor shall perform the services provided for herein in the Contractor's own way as an independent contractor and pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only CS97-7 -56- 4/8/97 as to the result to be accomplished but shall consult with the City as provided for in this contract. B. The Contractor is an independent contractor with the City. The payment made to Contractor pursuant to this contract shall be the full and complete compensation to which Contractor is entitled pursuant to this contract. The City shall not be required to pay any worker's compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for any tax, unemployment compensation, retirement contribution, social security, payment of wages or worker's compensation payment which the City may be required to make on behalf of Contractor or any employees of the Contractor for work done under this contract. C. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1101-1525) and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this agreement. CS97-7 -57- 4/8/97 Standard Specification for Hot Applied Reflective Thermoplastic Striping Material White, Yellow and Black I. SCOPE A. This specification covers a reflectorized pavement striping material of the type that is applied to the road surface in a molten state by Screed/Extrusion means with a surface application of glass beads at a rate specified by the purchaser. Upon cooling to normal pavement temperature, it produces an adherent reflectorized stripe of specified thickness and width capable of resisting deformation by traffic. II. CLASSIFICATION A. The thermoplastic material shall be homogeneously composed of pigment, filler, resins and glass reflectorizing spheres. 1. The thermoplastic material shall be available in white, yellow and black. III. MATERIALS A. The vendor shall have the option of formulating the material according to his own specification. However, the solid resin shall be maleic-modified glycerol ester resin . The physical and chemical properties contained in this specification shall apply regardless of the type of formulation used. The material, upon heating to application temperature, shall not exude fumes which are toxic, or injurious to persons or property. The pigment, beads and fill shall be well dispersed in the resin. B. Glass Beads (Pre-Mix) - The beads shall be uncoated and conform to AASHTO M247-81 Type 1. IV. REQUIREMENTS OF THE THERMOPLASTIC MIXTURE A. Specific Gravity - The specific gravity of the thermoplastic traffic line material shall not exceed 2.15. B. Composition - The pigment, beads and filler shall be uniformly dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall comply with the following Table 1 requirements: TABLE 1. COMPOSITION (Percentage by Weight) COMPONENT Binder See Note (b) Glass Beads Titanium Dioxide Calcium Carbonate & Inert Fillers Vallruji/ anH Rlo/*lf Pinmante WHITE 18.0 min. 30-40 10.0 min. 42.0 max. YELLOW 18.0 min. 30-40 50.0 max. Qoo Mnta la\ BLACK 18.0 min. 0.0 max. 0.0 max. 82.0 max. Qoa Mnta Note (a): Amount of yellow and black pigment, calcium carbonate and inert fillers shall be at the option of the manufacturer, providing all other requirements of this specification are met. CS97-7 -58-4/8/97 Note (b): Alkyd binder shall consist of a mixture of synthetic resins, at least one of which is solid at ** room temperature, and high boiling point plasticizers. At least one-third of the binder composition "'••-» shall be solid maleic-modified glycerol ester resin and shall be no less than 8 percent by weight of ** the entire material formulation. The binder shall not contain petroleum based hydrocarbon resins. m mm C. Physical Characteristics ** 1. Color - The thermoplastic material after heating for 4 hours ± 5 min. At 425 ±3F. (218 ± 2C) under agitation shall meet the following:-«• m White: Daylight reflectance at 45 degrees, 0 degrees - 75% minimum. Yellow: Daylight reflectance at 45 degrees, 0 degrees - 45% minimum. •*m a) For highway use, the yellow color shall reasonably match Federal Test Standard *" Number 595-Color 13538 (Tests performed at 77F) "" b) For airport use, the color shall comply with the requirements established by the FAA. **2. Set time - When applied at a temperature range of 412.5 ± 12.5F (211± 7C) and thickness _ of 60 mils to 185 mils (1.5mm to 4.7mm) the material shall set to bear traffic in not more than 2 minutes when the air and road temperature is 50 ± 3F (10 ± 2C) and not more than *** ten minutes when the air and road temperature is 90 ± 3F (32 ± 2C). 8~" 3. Bond Strength - After heating the thermoplastic material for 4 hours ± 5 min. At 425F «• (218C), the bond strength to Portland cement concrete shall exceed 180psi (1.24Mpa), (Method - ASTM D4796-88). ' 4. Cracking Resistance at Low Temperature - After heating the thermoplastic material for 4 ** hours ± 5min. At 425 ± 3F (218 + 2C), applying to concrete blocks, and cooling ± 3F (9.4 ± 1.7C), the material shall show no cracks. **, 5. Impact Resistance - After heating the thermoplastic material for 4 hours ± 5 min. at 425 ± 3F (218 ± 2C) and forming test specimens, the impact resistance shall be a minimum of 10 — inch pounds (1.13J). **" 6. Softening Point - After heating the thermoplastic material for 4 hours ± 5 min at 425 ± 3F (218 ± 2C) and testing in accordance with ASTM D36, the materials shall have a softening "" point of 215 ±15F (102.5 ±9.5C). «H 7. Flow/ability - After heating the thermoplastic material for 4 hours ± 5 min at 425 ± 3F (218 ± «• 2C) and testing for flowability, the white thermoplastic shall have a maximum percent residue of 18 and the yellow thermoplastic shall have a maximum residue of 21 percent. 8. Yellowness Index - The white thermoplastic material shall not exceed a yellowness index of "" 0.15. vm 9. Flowability - Extended Heating - After heating and stirring the thermoplastic material for 8.5 *• hours at 425 ± 3F (218 ± 2C) and tested for flowability, the thermoplastic shall have a maximum residue of 28 percent. 10. Flash Point - The thermoplastic material shall have a flash point not less than 475F (246C) "~" when tested in accordance with ASTM D92 "Flash and Fire Points by Cleveland Open ». Cup." CS97-7 - 59 - 4/8/97 ^ * 11. Storage Life - The material shall meet the requirements of this specification for a period of 1 year. The thermoplastic must also melt uniformly with no evidence of skins or unmelted '*****" particles for this 1 year period. Any material not meeting the above requirements shall be replaced by the manufacturer. V. APPLICATION PROPERTIES A. The thermoplastic material shall readily apply to the pavement at temperatures of 400 - 440F (204-226C) from approved equipment to produce an extruded line which shall be continuous and uniform in shape having clear and sharp dimensions at a thickness of 0.125" (3.157mm). B. The material shall not exude fumes which are toxic, obnoxious or injurious to persons or property when it is heated during applications. The manufacturer shall provide product safety data sheets for their product. C. The application of additional glass beads by drop-on or pressure spray methods shall be at a uniform minimum rate of 10 pounds (4.53 kg) of glass spheres every 100 sq. ft. (9.29m) of line. The glass spheres shall conform to AASHTO M 247-81 (1986) type 1 except that the beads must be moisture resistant coated, a maximum of 5 percent shall pass the 80 screen; glass spheres shall have a minimum of 70 percent true spheres on each sieve and 80 percent true spheres overall (Test method M 47-81). D. The material, when formed into traffic stripes, must be readily renewable by placing an overlay of new material directly over an old line of the same material. Such new material shall bond itself to the old line in such a manner that no splitting or separation takes place. VI. PACKAGING AND MARKINGS A. The thermoplastic material shall be packaged in suitable containers which will not adhere to the product during shipment and storage. The container of thermoplastic material shall weigh approximately SOIbs (23kg). Each container shall designate the color, binder (alkyd or hydrocarbon), spray or extrude, user information, manufacturer's name and address, batch number and date of manufacture. Each batch manufactured shall have its own separate number. The label shall warn the user that the material shall be heated in the range of 400- 440F (204-226C). B. The contractor shall assume all costs arising from the use of the patented materials, equipment, devices or processes used on or incorporated in the work; agrees to indemnify and save harmless the purchaser and its duly authorized representatives from all legal suits or action of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes. VII. METHODS OF SAMPLING AND TESTING A. The minimum batch size of thermoplastic striping material when tested shall not be less than 2,000 Ibs (907kg) unless the total order is less than that amount. A small trial batch should be made prior to making the thermoplastic traffic line in large quantities to make certain the finished product will comply with all the requirements of this specification. B. The material shall be tested in accordance with AASHTO M249 & T250 with the appropriate method in Federal Test Method Standard No. 141 or ASTM designation. CS97-7 -60- 4/8/97 VIII. THERMOPLSTIC PERFORMANCE AND APPLICATION CHARACTERISTICS A. The thermoplastic material shall not deteriorate by contact with sodium chloride, calcium chloride or other chemicals used to prevent roadway ice or because of the oil content of pavement materials or from oil droppings or other effects of traffic. B. Application - The material shall be applied to the pavement by the extrusion method wherein one side of the shaping die is the pavement and the other three sides are contained by or a part of suitable equipment for heating and controlling the flow of material. C. Equipment - The equipment used to install hot applied thermoplastic material by contract under this specification shall be constructed to provide continuous uniform heating to temperatures exceeding 400F (204C), mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the line dispensing device shall prevent accumulation and clogging. All parts of the equipment which come in contact with the material shall be constructed for easy accessibility and exposure for cleaning and maintenance. The equipment shall operate so that all mixing and conveying parts, including the line dispensing device, maintains the material at the plastic temperature The use of pans, aprons, or similar appliances which the dispenser overruns will not be permitted under this specification. The equipment shall provide for varying traffic marking application widths. 1. The application equipment shall be mobile and maneuverable to the extend that straight lines can be followed and normal curves can be made in a true arc. 2. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine so that the beads are dispensed closely behind the installed line. The glass sphere dispenser shall be equipped with an automatic cu-off control synchronized with the cut-off of the thermoplastic material. 3. A special kettle shall be provided for uniformly melting and heating the thermoplastic material. The kettle must be equipped with an automatic thermostatic control device and material thermometer for positive temperature control and to prevent overheating or scorching of the material. The heating kettle and application equipment shall meet the requirements of the National Fire Underwriters and the National Fire Protection Association of the state and local authorities. D. Installation Techniques - The finished lines shall have well defined edges. The contractor shall clean off pavement surface dirt, grease, and concrete curing compounds where necessary by approved project inspector removal methods. 1. A primer sealer of the type recommended by the manufacturer of the thermoplastic material shall be applied on all Portland concrete pavement surfaces and, if recommended by the manufacturer on other types of pavement surfaces, prior to the installation of the thermoplastic material. The primer shall be void of solvent and water prior to the thermoplastic application. 2. To insure optimum adhesion, the thermoplastic material shall be installed in a melted state at a temperature from 400 to 440F (204-226C). 3. Longitudinal lines shall be offset at least 2 inches (5cm) from construction joints of Portland cement concrete pavements and joints or shoulder breaks of bituminous concrete pavements. 4. Thermoplastic pavement marking materials shall not be applied by the extrusion method when pavement temperatures are blow 50F (10C), by the spray method when the pavement temperatures are below 55F (13C), or when the surface of the pavement CS97-7 -61- ' 4/8/97^% contains evidence of moisture. If thermoplastic materials are not dispensed by means of a screed-extrusion device or a spray device, the thermoplastic materials shall not be applied when the pavement or air temperature is below 65F. E. NOTE: It is suggested that openings of 6 inch (15cm) lengths be provided at 20 foot (6m) intervals on edgelines placed on the inside of super elevated curves to prevent the possible ponding of water on the pavement surface. F. Warranty - The thermoplastic pavement marking material furnished and installed by contract under this specification shall be guaranteed by the contractor against failure due to poor adhesion resulting from defective materials or methods of application. NOTE 1: Warrantees may vary depending upon the applied line thickness, the positioning of the line, the traffic density, the use of studded snow tires and the frequency of snowplow operations. NOTE 2: The following warrantees are typical for application thicknesses of 125 mils (3.157mm) for crosswalks and stoplines and 90 mils (2.286mm) for lanelines, centertines and edgelines. Warrantees for thinner lines in these applications or for higher traffic volumes may be reduced commensurately. 1. For non-defective pavement surfaces carrying volumes less than 50,000 vehicles per day, the contractor shall guarantee to replace or renew without cost to the City that part of the pavement markings installed which have not remained to perform useless service as follows: a) Crosswalks and stoplines and legends - 75 percent of the total of any 1 intersection for 1 year. b) Lanelines, edgelines and centerlines - 90 percent of a unit for 1 year, 80 percent of a unit for 2 years and 60 percent of a unit for 3 years. (A "unit" is defined as any length of highway having installed thereon 2,000 lineal feet (610 meters) of line of specified width in any combination or pattern.) 2. The replacement material installed under this guarantee shall be guaranteed the same as the original material, from the date of the original installation. G. Thickness Measurement - Shall be accomplished by placing black tapes, film or metal plates of known and uniform thickness in the area to be striped. Once the striper has passed, the sample shall be removed by making sharp cuts with a knife and measurements of the strip plus film shall be made with a micrometer or venier calipers with a proper correction for the film base. For longitudinal lines, these thickness checks shall be made every 1/3 mile or more frequently at the judgment of the project engineer. For symbols and intersection markings, the frequency of checking shall be at the option of the project engineer. These thicknesses shall be considered as the average of 2 or more measurements made in a 3 foot distance. NOTE 1: The intent is not to extend the original warranty period. NOTE 2: The warranty does not cover those markings that have been removed by such devices as snowplows, chains or studded tires. H. Observation Period - Prior to consideration or final acceptance of all work completed as required herein and shown in the pavement marking plans, there shall be a 90-day observation period beginning upon the satisfactory completion of all work required by the intermediate completion date included elsewhere in this proposal form. CS97-7 -62- 4/8/97 1. During the 90-day observation period, the thermoplastic pavement marking material furnished and installed under this contract shall be warranted against failure due to '"**' blistering, excessive cracking, bleeding, staining, discoloration, oil content of the pavement materials, smearing or spreading under heat, deterioration due to contact with grease deposits, oil diesel fuel, or gasoline drippings, shipping, spelling, poor adhesion to the pavement materials, loss of reflectivity, vehicular damage, and wear. 2. The contractor, at no expense to the City, shall replace any pavement markings that will not perform satisfactory under traffic during the 90-day observation period due to defective materials and/or application methods. (Failure to comply with any portion of this specification shall be considered as unsatisfactory performance of the thermoplastic pavement marking material.) 3. Marking replacement shall be performed in accordance with the requirements specified herein for the initial application, including but not limited to surface cleaning, pavement marking removal, seasonal and weather limitations, etc. 4. Traffic shall be operating on the facility during the 90-day observation period. NOTE: Delayed acceptance of up to 180 days has been approved by the Federal Highway Administration pursuant to an October 25,1977 letter by H. A. Lindberg Number 64847:10/13/77J. CS97-7 - 63 - 4/8/97 Standard Specification for Preformed Thermoplastic Pavement Markings I. USE: A durable, retro-reflective pavement marking material suitable for use as roadway, intersection, airport, commercial or private pavement delineation and markings. A. The markings must be a resilient white or yellow thermoplastic product with uniformly distributed glass beads throughout the entire cross sectional area. The markings must be resistant to the detrimental effects of motor fuels, lubricants, hydraulic fluids etc. Lines, legends and symbols are capable of being affixed to bituminous and/or Portland cement concrete pavements by the use of the normal heat of a propane torch. B. The markings must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The markings shall have reseating characteristics, such that it is capable of fusing with itself and previously applied thermoplastic when heated with the torch. C. The markings must be able to be applied in temperatures down to 32 degrees F. Without any special storage, preheating or treatment of the material before application. MATERIAL: Composed of a modified ester rosin solution resistant to degradation by motor fuels, lubricants etc. in conjunction with aggregates, pigments, binders and glass beads which have been factory produced as a finished product, which is designed to meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHT designation M249-79 (86), with the exception of the relevant differences due to the material being supplied in a preformed state. A. Graded Glass Beads: 1. The material must contain a minimum of thirty percent (30%) graded glass beads by weight and shall in the "as received" state have surface beads firmly affixed. The beads are clear and transparent. Not more then twenty percent (20%) consists of irregular fused spheroids, or silica. The index of refraction shall not be less than 1.50. B. Pigments: 1. White: Sufficient titanium dioxide pigment is used to ensure a color similar to Federal Highway White, Color No. 17886, as per Federal Standard 595. 2. Yellow: Sufficient yellow pigment is used to ensure a color similar to Federal Highway Yellow, Color No. 13655, as per Federal Standard 595. The yellow pigment must be of an organic nature only and contain no lead chromate. C. Skid Resistance: The surface must provide a minimum resistance value of 50 BPN when tested according to ASTM: E 303. D. Thickness: The material must be supplied at a minimum thickness of 125 mils (3.15mm). E. Versatility: As an option, turn arrows and combination arrows may come without surface applied glass beads, thus facilitating the use of those arrows as either left or right indicators, thereby reducing inventory requirements. CS97-7 -64- 4/8/97 F. Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline. APPLICATION: A. Asphalt: The materials shall be applied using the propane torch method recommended by the manufacturer. The material must be able to be applied at ambient and road temperatures down to 32° F. Without any preheating of the pavement to a specific temperature. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions with each box/package. B. Portland Concrete: The same application procedure shall be used as described under Section 3.1 However, a compatible primer sealer may be applied before application to assure proper adhesion. IV. PACKING: The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3' long pieces. Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non-returnable and shall not exceed 40" in length and 25" in width, and be labeled for ease of identification. The weight of the individual carton must not exceed seventy (70) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging. V. TECHNICAL SERVICES: The successful bidder shall provide technical services as required. This may include arrangements for a manufacturers representative to be present onsite during the first day of application. CS97-7 -65- 4/8/97^* Agreement for Crosswalk Removal & Replacement Contract No. STR97-1 TENTATIVE SITE LOCATIONS INTERSECTION SQ FT* El Camino Real @ Palomar Airport Rd 1,184 El Camino Real @ Camino Vida Roble 276 El Camino Real @ Cassia 351 El Camino Real @ Dove Ln 699 El Camino Real @ Alga Rd 812 El Camino Real @ Arenal 715 El Camino Real @ Costa del Mar 422 El Camino Real @ La Costa Av 864 El Camino Real @ Levente St . 136 Palomar Airport Rd @ Yarrow Dr 571 Palomar Airport Rd @ Camino Vida Roble 200 Palomar Airport Rd @ Palomar Oaks Wy 183 Palomar Airport Rd @ College Bl 232 Palomar Airport Rd @ Armada Dr 549 Total Sq Ft 7.194 T&U tiguite, U a* aflnadMuilux, ami included Ian, A* eftuaitlo* puxpoiu ndy. Attfeymutl aitt be, baud,»», actual quaiitllM. CS97-7 - 66 -