HomeMy WebLinkAboutRE Hazard Contracting Company; 1998-07-31; 3558-1dh. 2 2 2 *W&W II
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"$1 1 r;" Recording requested by: 1 1
CITY OF CARLSBAD 1
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When recorded mail to: 1
) City Clerk )
1200 Carlsbad Village Dr. 1
ll~l~l~lllllLlUVUlUll
k
City of Carlsbad 1 1999-0269359
Carlsbad, CA 92008
Space above this line for Recorder's
NOTICE OF COMPLETION
Notice is hereby given that:
1.
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed (
31, 1999.
6. The name of the contractor, if any, for such work of improvement is R.
Contracting Company.
7. The property on which said work of improvement was completed is in the City o
Southeast quadrant combined overlay and concrete repairs, Project No. 3558-1.
8. The address of said property is within the limits of the City of Carlsbad.
-!-he ur;drrsign& ;s s.,tze: of :he ;nte:& 3: &&e st&& b&y&?{ ifi ;he p;op&jj
C'2!-!!-?tj of Sa9 Diego, Stat2 sf %ljfSY;!a, 2Ed IS d€?SGih&c] 3s bS 19'36 l\G{
DirectorKity Engint
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive California, 92008; the City Council of said City on , 1999, ac
above described work as completed and ordered that a Notice of Completion be filed
April 6
I declare under penalty of perjury that the foregoing is true and correct.
Executedon April 12 , 1999, at Carlsbad, California.
CITY CF CARLSBAD
ALETHA L. RAGTENKRANZ
City Clerk.
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CITY OF CARLSBAD
I San Diego County
California
CONTRACT DOCUMENTS AND SPEC
PROVISIONS
FOR
I 1998 NORTHEAST QUADRANT
PAVEMENT OVERLAY
AND
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
April 29,1998
ew ts 1/08/98 Contract No. 3558-1 Page 1 of 7’
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- City of Carlsba( e
May 28, I998
ADDENDUM NO. 1
RE: 1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND CONCRI
REPAIRS - PROJECT NO. 3558-1
Please include the attached addendum in the Notice to Bidder/Request for Bids
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Forr
when your bid is submitted.
0 *ark
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
RE. kWR3 c131i-1 hiAz-4 iNG COMPAMaB
ENT 0
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 - (760) 434-2803 FAX (760) 434-1
1 1
NOTICE TO BIDDERS
May 28,1998
a
The City of Carlsbad hereby issues “Addendum No. 1” to the Contract Documents a
Special Provisions for the 1998 Northeast Quadrant Pavement Overlay a
Concrete Repairs Project, Contract No. 3558-1. Addendum no. 1 consists of t
notice, 3 pages, and 5 plan sheets. The addendum changes the quantities of items #
C2-AR4000 Overlay, item #2 - Cold Milling 5’ Width, item #3 - Cold Milling
Width(Header Cut), adds 3(three) plan sheets, and revises 2(two) plan sheets. 1
provisions contained in the addendum are made part of the notice, bid sheets a
specifications of the project as though originally bound with them. As of this di
Addendum No. 1 contains all changes to the originally issued specifications.
Bidders are advised to verify the issuance of addenda and receipt thereof one day prior
bidding. Submission of your bid without acknowledgment of all addenda may be ca~
for rejection of the bid.
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cc: Principal Civil Engineer, Walter H. Brown
Purchasing Officer, Ruth Fletcher
Attachments
LBH:jp m
d 1 8
ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR THE
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY
AND CONCRETE REPAIRS PROJECT
Page 1 of 1
e
CONTRACT NO. 3558-1
To the Special Provisions, Notice Inviting Bids and Contractor’s Proposal secti
modify the following:
0 To page 4, paragraph I of the special provisions, change Engineer’s Estimate fr
$490,000 to “$510,000” (see page 4 of special provisions attached).
To page 7 of Contractor’s Proposal item no. 1, C2-AR4000 Overlay, char
Approximate Quantity and Unit from 9,821 Tons to “10,305 Tons” (see revi:
Contractor’s Proposal sheet 7 attached).
To page 7 of Contractor’s Proposal item no. 2, Cold Milling 5’ Width, chan
Approximate Quantity and Unit from 59,220 LF to “61,640” LF” (see revis
Contractor’s Proposal sheet 7 attached).
0 To page 7 of Contractor’s Proposal item no. 3, Cold Milling IO’ Width(Header CI
change Approximate Quantity and Unit from 2,914 LF to “3,046” LF (see revis
Contractor’s Proposal sheet 7 attached).
0
To the contract plan sheets modify the following:
Delete plan sheet numbers 1 and 2, and substitute plan sheet numbers 1 anc
included in this addendum.
Add plan sheets number 37, 38, and 39 included in this addendum.
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1. Contractor's Proposal 8. Certificate of Insurance
2. Bidder's Bond 9. Bidder's Statement Re Debarment
3. Non-Collusion Affidavit 10. Bidder's Disclosure of Discipline Recorc
4. Designation of Subcontractors and Amount 1 1. Purchasing Department Representation
5. Designation of Owner OperatodLessors & 12. Escrow Agreement for Security DepositL (optional, must be completed if the Bidd wishes to use the Escrow Agreement fo
Security)
e
of Subcontractors Bid Certification
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial
7. Bidder's Statement of Technical Ability and Responsibility
Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quant
approximate and serve solely as a basis for the comparison of bids. The Engineer's Esti
$510,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provi
California state law. The contractor shall state their license number, expiration dz
classification in the proposal, under penalty of perjury. The following classifications are acc
for this contract: A, C12, C32, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract document
of the usual 10% retention from each payment, these documents must be completed and SL
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purl
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabli
$25.00 per set. If plans and specifications are to be mailed, the cost for postage should be a1
Any prospective bidder who is in doubt as to the intended meaning of any part of the dr(
specifications or other contract documents, or finds discrepancies in or omissions from the dr
and specifications may submit to the Engineer a written request for clarification or correctio
response will be made only by a written addendum duly issued by the Engineer a copy of wt
be mailed or delivered to each person receiving a set of the contract documents. No additio
modification of or interpretation of any provision in the contract documents will be given or
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregul
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the C
shall be those as determined by the Director of Industrial Relations pursuant to the section:
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a currel
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to wh Contract is awarded shall not pay less than the said specified prevailing rates of wage!
workers employed by him or her in the execution of the Contract.
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1998 NORTHEAST QUADRANT PROJECT
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-- ry .1
E TABLE OF CONTENTS
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item
NOTICE INVITING BIDS
CONTRACTOR‘S PROPOSAL ..............................................................................................
BID SECURITY FORM
BIDDERS BOND TO ACCOMPANY PROPOSAL .................................................................
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUN- OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR 2 AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ......................................
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID ........
DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ................................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION
....................................................................................................... I.
..........................................................................................................
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..............................................................................................
..............................
.........................
BIDDER’ S STATEMENT OF RE-DEBARMENT ...................................................................
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .............................................................................
CONTRACT PUBLIC WORKS ...............................................................................................
LABOR AND MATERIALS BOND
FAITHFUL PERFORMANCENVARRANTY BOND .................................................................
REPRESENTATION AND CERTIFICATION
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) .............................................................
.................................................. 1
..........................................................................................
.........................................................................
SPECIAL PROW SONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTtON PART 1 , GENERAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOF CONSTRUCTION PART 3, CONSTRUCTION METHODS .................................................. ,
...........................................................
............ I
APPENDIX “A” - RESIDENT NOTIFICATION EXAMPLE .....................................................
e* %# 1/08/98 Contract No. 3558-1 Page 2 of 7
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsba
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 18th day of June, 1998,
time they will be opened and read, for performing the work as follows:
I,
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Engineering Department. The specificatior
work include the Standard Soecifications for Public Works Construction (1 997 Edition and
supplement thereto, all hereinafter designated “SSPWC as issued by the Southern (
Chapter of the American Public Works Association and as amended by the special p
sections of this contract. Reference is hereby made to the specifications for full partici 1 description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesse
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and cc
to utilize recycled and recyclable materials when available, appropriate and approvec
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidd
a contractor or subcontractor has been debarred by the City of Carlsbad or another juris
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Pi
Department. Each bid must be accompanied by security in a form and amount required
The bidder’s security of the second and third next lowest responsive bidders may be with
the Contract has been fully executed. The security submitted by all other unsuccessful bid(
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded.
to the provisions of law (Public Contract Code section 10263), appropriate securities
substituted for any obligation required by this notice or for any monies withheld by the City
performance under this Contract. Section 10263 of the Public Contract Code requires r
securities to be deposited with the City or a state or federally chartered bank in Californ
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and om1
the agent in connection with the handling of retentions under this section in an amount not
The documents which comprise the Bidder’s proposal and that must be completed,
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I $1 00,000 per contract.
1 executed and notarized are:
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1. Contractor's Proposal 8. Certificate of Insurance
2. Bidder's Bond 9. Bidder's Statement Re Debarment
3. Non-Collusion Affidavit IO. Bidder's Disclosure of Discipline Recorc
4. Designation of Subcontractors and Amount 11. Purchasing Department Representatior
5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for Security Deposil
(optional, must be completed if the Bidc
wishes to use the Escrow Agreement fc
Security)
90
of Subcontractors Bid Certification
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial
7. Bidder's Statement of Technical Ability and
Res ponsi bi I ity
Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quar
approximate and serve solely as a basis for the comparison of bids. The Engineer's Es,
$490,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the proi
California state law. The contractor shall state their license number, expiration (
classification in the proposal, under penalty of perjury. The following classifications are at
for this contract: A, C12, C32, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documer
of the usual 10% retention from each payment, these documents must be completed and 5
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the PL
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refunda
$25.00 per set. If plans and specifications are to be mailed, the cost for postage should be
Any prospective bidder who is in doubt as to the intended meaning of any part of the (
specifications or other contract documents, or finds discrepancies in or omissions from the
and specifications may submit to the Engineer a written request for clarification or correct
response will be made only by a written addendum duly issued by the Engineer a copy of 1
be mailed or delivered to each person receiving a set of the contract documents. No addii
modification of or interpretation of any provision in the contract documents will be given (
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irrec
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
shall be those as determined by the Director of Industrial Relations pursuant to the sectic
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a cur
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to \i
Contract is awarded shall not pay less than the said specified prevailing rates of was
workers employed by him or her in the execution of the Contract.
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The Prime Contractor shall be responsible for insuring compliance with provisions of sectic
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Suble
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized office
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shal
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as in(
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
words and figures, the words shall prevail. In case of an error in the extension of a unit
corrected extension shall be calculated and the bids will be computed as indicated al
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
written in with ink and must be initialed in ink by a person authorized to sign for the Contrac
Bidders are advised to verify the issuance of all addenda and receipt thereof one da!
bidding. Submission of bids without acknowledgment of addenda may be cause of rejectioi
Bonds to secure faithful performance and warranty of the work and payment of labc
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percei
respectively, of the Contract price will be required for work on this project. These bond:
kept in full force and effect during the course of this project, and shall extend in full force i
and be retained by the City until they are released as stated in the Special Provisions secti
contract. All bonds are to be placed with a surety insurance carrier admitted and autt-
transact the business of insurance in California and whose assets exceed their liabilit amount equal to or in excess of the amount of the bond. The bonds are to contain the
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the i
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual state
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commer
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendz the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Kc
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of ins
the State of California by the Insurance Commissioner. Auto policies offered to I
specification of this contract must: (1) meet the conditions stated above for all insurance c(
and (2) cover any vehicle used in the performance of the contract, used onsite or offsite
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto i
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
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Workers' compensation insurance required under this contract must be offered by a 1
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement for
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any t
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor subm
required bonds and insurance, as described in the contract, within twenty days of bid openi
Contractor fails to comply with these requirements, the City may award the contract to the s
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valii
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-122
adopted on the 21St day of
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CITY OF CARLSBAD
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY A
I,
CONCRETE REPAIRS PROJECT
1 CONTRACT NO. 3558-1
i CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read tl
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda the1
hereby proposes to furnish all labor, materials, equipment, transportation, and services re
do all the work to complete Contract No. 3558-1 in accordance with the Plans, Spec
Special Provisions and addenda thereto and that he/she will take in full payment the
following unit prices for each item complete, to wit:
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Approximate
Quantity - No. Description and Unit Unit Price Total 1 a Item
1 C2-AR 4000 Overlay at 9,821 TONS
Dollars per Ton I 2 Cold Milling 5'Width at 59,220 LF
Dollars per Linear Foot
3 Cold Milling 1o'Width (Header Cut) at 2,914 LF
Dollars per Linear Foot
4 Raise & Adjust to Grade Sewer 103 EA
Access Hole Frames at
Dollars Each
QW %# 1/08/98 Contract Wo. 3554-1 Page 7 of ;
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0 CITY OF CARLSBAD
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY A
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
CONTRACTORS PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read tt
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda ther
hereby proposes to furnish all labor, materials, equipment, transportation, and services re
do all the work to complete Contract No., 3558-1 in accordance with the Plans, Speci
Special Provisions and addenda thereto and that he/she will take in full payment the
following unit prices for each item complete, to wit:
Approximate
Quantity - No. DescriDtion and Unit Unit Price - Total Item
1 C2-AR 4000 Overlay at 10,305 TONS TtF- 37092 00 Tff 1 rtry Fly- 4 00
Dollars per Ton
2 Cold Milling 5'Width at 61,640 LF 03 vf3i
3 Cold Milling 1O'Width (Header Cut) at 3,046 LF 15 Y4k
9Grzo -DOLbATZ3 k
czIEL;1w3rlTwo c GNT~
-ibUa~~ per Linear Foot
ON6 7->0LL&?- 4-
6m-Y F.",, c 61-5 €&Iars per Linear Foot
4 103 EA dmee- €szzz55
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Approximate
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12 Construct Type "c" Pedestrian Ramp 2 EA 1902 74c 1
I 13 17 EA fScJ& c2Q3
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Item Quantity
No. DescriDtion and Unit Unit Price Total
Raise & Adjust to Grade Water 182 EA 2/23? #z
Dollars Each **
6 Traffic Control at 1 LS /+OD--- /5a
7 1 LS /&e- r44
8 8 EA &e e3.m
9 94 EA && /?a
6 l=-rEi&(3 7l-f 3KSICL);)
4- cc>/.4 *
Dollars (Lump Sum)
Dollars Each
L?Q 10 Install Blue Fire Hydrant 18 EA // - 4?.8 Pavement Marker at a&
Dollars Each
.c 11 Construct Type "A" Pedestrian Ramp 14 EA 19 00- 26
orse-?.clo u54lan
M\-e- flCCUV(2~D -6- -$- Dollars Each
per SDRSD G-29 at
OPAG. -macA5A~c7 w tress 1 47 ceL9--
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Approximate
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Item Quantity No. DescriDtion and Unit Unit Price - Total
14 Construct Cross Gutter per 400 SF rz5 * SDRSD G-12 at
I, -
-7-wsLGUu~ ihJLLkrt$+-
00 eo c
Dollars per Square Foot
15 Furnish & Install Root Barrier at 10 LF -%
Total amount of bid in words: 6Ub c-( ~UofZ.6~ E( 0-t-fTY i2 le-
I clau 3b bJn Iwodu.wnrreQ (Y.cLT-y Frdc-, Ck 06
- / Go -
50 Total amount of bid in numbers: $ 5 'Z3 8 2-3 5
Price(s) given above are firm for 90 days after date of bid opening.
Addendum( a) No(s). / hadhave been received and is/are include I proposal.
I The Undersigned has carefully checked all of the above figures and understands that the
not be responsible for any error or omission on the part of the Undersigned in preparing this
The Undersigned agrees that in case of default in executing the required Contract with n
bonds and insurance policies within twenty (20) days from the date of award of Contract bq
Council of the City of Carlsbad, the City may administratively authorize award of the conk
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is ken:
business or act in the capacity of a contr tor within the State f C ifornia, validly kens
license number P&~/z 7 , classification A2 which e J7 -3LW J , and that this statement is true and correct and has the legal
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an affi'-bavit. rk&?3
&&A A bid submitted to the City by a Contractor who is not licensed as a contractor pursua
Business and Professions Code shall be considered nonresponsive and shall be rejected b! § 7028.15(e). In all contracts where federal funds are involved, no bid submitted
invalidated by the failure of the bidder to be licensed in accordance with California law. Ho
the time the contract is awarded, the contractor shall be properly licensed. Public Contra(
§ 20104. UfP' / u/A-J/
/- g m
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The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is p
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunde
representation, oral or in writing, of the City Council, its officers, agents, or employees has
himlher to enter into this Contract, excepting only those contained in this form of Contrac
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is &&Hi 49 (Cash, Certified Che or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requii
employer to be insured against liability for workers' compensation or to undertake self-insi
accordance with the provisions of that code, and agrees to comply with such provisior
commencing the performance of the work of this Contract and continue to comply until the
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2
to the general prevailing rate of wages for each craft or type of worker needed to ex€
Contract and agrees to comply with its provisions.
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QW tS 1/08/98 Contract No. 3558-1 Page 10 of 7
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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
City and State
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(Street and Number)
1 (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 madt
by a general partner)
(3) Place of Business
(Street and Number) B City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted W.E. bWR3 CC,.a*b sxACWNG ~~~~~~~
I (Title)
Impress Corporate Seal t
... ... ... ... ...
QW %# 1/08/98 Contract No. 3558-1 Page 11 of 71
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*%
(3) Incorporated under the laws of the State of
(4) Place of Business R.E. H4$\fiD ~~~~~~~~~~~~ CQ. 64% fi!ariadus’r~y h)riwe(Street and Number)
f.9. E-x 229800
p-- !?-a;, c’9 $322
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City and State
(h 2) .:!-3si;3 kx (64 3) 453-6034 (5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTA
List below names of president, vice president, secretary and assistant secretary, if a corpor
partnership, list names of all general partners, and managing partners:
25. E< &4a-- P+*
k.3 @h7$!22- - E,ie- w/*
i;E;37_
em ts 1/08/98 Contract No. 3558-1 Page 12 of 7
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0
State of California )
County of San Diego )
On June 9, 1998 before me, Debra J. Niemeyer, Notary Public, personal13
appeared W.S. Rogers, personally known to me to be the person whosf
name is subscribed to the within instrument and acknowledged to me that ht
executed the same in his authorized capacity, and that by his signature on tht
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
a
WITNESS my hand and official seal.
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BID SECURITY FORM
(Check to Accompany Bid) 0 I (NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of
CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this ch
become the property of the City provided this proposal shall be accepted by the City throul
of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of ii
coverage within the stipulated time; otherwise, the check shall be returned to the undersig
proceeds of this check shall also become the property of the City if the undersigned shall
his or her bid within the period of fifteen (15) days after the date set for the opening therec
otherwise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
I *Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) oi
amount of the bid.)
em %# 1/08/98 Contract No. 3558-1 Page 13 of 7
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we,R.E. HAZARD CONTRACTtNG c*wFPrincipal, and RELIANCE INSURANCE
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as
f payment, well and truly made, we bind ourselves, our heirs, executors and admin
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposz
above-bounden Principal for:
a
(must be at least ten percent (10%) of the bid amount) 5~3% 2-3 s
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
execute a Contract including required bonds and insurance policies within twenty (20) days
date of award of Contract by the City Council of the City of Carlsbad, being duly notifiec
award, then this obligation shall become null and void; otherwise, it shall be and remain in
and effect, and the amount specified herein shall be forfeited to the said City.
....
....
.... I ....
....
....
....
....
....
....
4- %# 1/08/98 Contract No. 3558-1 Page 14 of 7
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In the event Principal executed this bond as a? individual, it is agreed that the death of
shall not exonerate the Surety from its obligations under this bond.
B
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PRINCIPAL this 1% Executed by SURETY this 4 %
XRr. &&= , 19%
'0
PRINCIPAL: SURETY:
R.E. HAZARD CONTRACTING COMPM RELIANCE INSURANCE COMPA~
e of Suret (Ef VANCE Idk"/?ANCE COMPAN\r
427s EXECUTIVE SQUARE, SUITE
(name of Principal)
By: LA JOLLA, CA 970.17
(sig (address of Surety)
(print name here)
W.S. ROGERS, VICE eRESlMNt &> KG -ks;&o
(telephone number of Sure
(Title and Organization of Signatory)
JACK G. LUPIEN By: (sig (printed name of Attorney-in-Fact)
(Attach corporate resolution showinc
power of attorney.)
T-% mfiSZE_'U2SOI4
gc%T secmwq
1 (print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.
(President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: >La J dt \L+ # -
-@qmty City Attorney @++-
*w
Page 15 of . e$ 1/08/98 Contract No. 3558-1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
before me, Debra J. Niemeyer, Notary Public,
NAME, TITLE OF OFFICER - E.G “JANE DOE, NOTARY PUBLIC
personally appeared W.S. Rogers
NAMES(S) OF SIGNER(S)
x personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/,
subscribed to the within instrument i
acknowledged to me that he/she/tt
executed the same in his/her/their authorii
capacity(ies) and that by his/her/tk
signature(s) on the instrument the persor
or the entity upon behalf of which
person(s) acted executed the instrument.
ESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document an
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME
0 INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
0 GENERAL
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On [o ,-( q Q % before me, Debra J. Niemeyer, Notary Public,
personally appeared T.J. Masterson
- Date NAME, TITLE OF OFFICER - E G “JANE DOE, NOTARY PUBLIC”
NAMES(S) OF SIGNER(S)
x personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/
subscribed to the within instrument i
acknowledged to me that he/she/tt
executed the same in his/her/their authori;
capacity(ies) and that by his/her/tt
signature(s) on the instrument the persor
or the entity upon behalf of which
person(s) acted executed the instrument.
I
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document an
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME
0 INDIVIDUAL
[7 CORPORATE OFFICER
TITLE(S)
GENERAL
TITLE OR TYPE OF DOCUMENT
[7 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR 0 OTHER:
DATE OF DOCUMENT SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABC
Is. .
e
State of California )
County of San Diego )
On June 9, 1998 before me, Debra J. Niemeyer, Notary Public, personall!
appeared Jack G. Lupien, personally known to me to be the person whosc
name is subscribed to the within instrument and acknowledged to me that hc
executed the same in his authorized capacity, and that by his signature on thc
instrument the person(s), or the entity upon behalf of which the person acted
executed the instrument.
0
WITNESS my hand and official seal.
e
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC a
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", '
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions ii
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor.'
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section
4b
1 these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informa
result in rejection of the bid as non-responsive. Any bid that proposes performance of mort
percent of the work by other than the Contractor's own organization will be rejected
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor c
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to com
Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lc
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor beins
the line of the form must be entered under the column "010 of Item by Sub" or "O/O of Item
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any PO
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity (
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The
materials and transport for materials from sources outside the limits of work, as shown on t
shall be assigned to the Contractor, the Subcontractor, or the Owner OperatorlLessor as
may be, installing them. The value of material incorporated in any Subcontracted c
Operator/Lessor installed bid item that is supplied by the Contractor shall not be include
part of the portion of the work that the Contractor is required to perform with its own organii
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered if Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the nun
be entered on the form. If the Subcontractor does not have a valid business license enter "1
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary t
the required information. The number of additional form pages shall be entered on the
page of each type so duplicated.
1 0
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Page 16 of i W 1/08/98 Contract No. 3558-1
I.
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this option the Bidder must indicate the bid item numbers to which the information ii
pertains. This option may fi be used where the subcontractor or Owner Operato
constructing or installing less than 100 percent of a bid item. The percentages and dollar
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The ex
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipmeni
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awq
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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em ts 1/08/98 Contract No. 3558-1 Page 17 of
1.
t&
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTMCTBR'S BID ITEMS 1
I 0
I the bid as non-responsive.
The Bidder MUST complete each information field on this form for each subcontract0 proposes to use. Additional copies of this form may be attached if required to accommoc
Contractor's decision to use more than one subcontractor. This form must be submitted as ; the Bidder's sealed bid. Failure to provide complete and correct information may result in rejt
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pr this bid for the Work and that the listed subcontractors will be used to perform the portion Work as designated in the list in accordance with applicable provisions of the specificatic section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair P Act." The Bidder further certifies that no additional subcontractor will be allowed to perfc portion of the Work and that no changes in the subcontractors listed work will be made exce the prior approval of the Agency.
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Full Company Name of Subcontractor: -+= sm%?/d@ Dj
Complete Address: P3/f-L3 /4zz5- B
(239) 4 z/aLJ
Street am- c/f.k-- 92 w
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification: er7zi7 (552
Carlsbad Business License No.: A!-
'0 OWNER OPERATOWLESSOR BID ITEMS
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I Explanation: Column 1 - Bid Item No. from the bid proposal, pages 7-9. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price item on bid proposal pages 7-9. 1
Page / of 3 Ggesof this form
em 0
tS 1108198 Contract No. 3558-1 Page 18 of 71 Pa
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5 .
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS 0
The Bidder MUST complete each information field on this form for each subcontract( proposes to use. Additional copies of this form may be attached if required to accommc Contractor's decision to use more than one subcontractor. This form must be submitted as the Bidder's sealed bid. Failure to provide complete and correct information may result in re the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in I this bid for the Work and that the listed subcontractors will be used to perform the portio Work as designated in the list in accordance with applicable provisions of the specificat section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to per portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency.
Full Company Name of Subcontractor:
h
Complete Address: /24E/ m€=Ai-. G4AWddb
7LVB Street &e?A- d;"k-
/ City State Zip I Telephone Number plus Area Code: (Ye4 -/s
California State Contractors License NO. & Classification: d3 ?o&z C/Z.
Carlsbad Business License No.: Mn-c
OWNER OPERATOWLESSOR BID ITEMS
Explanation: Column I - Bid Item No. from the bid proposal, pages 7-9. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pr item on bid proposal pages 7-9. IJ
Page ~ 2? of 5 pages of this form
4w tS 1/08/98 Contract No. 3558-1 Page 18 of 7
1.
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS I
I 0
I the bid as non-responsive.
The Bidder MUST complete each information field on this form for each subcontrac proposes to use. Additional copies of this form may be attached if required to accomm
Contractor's decision to use. more than one subcontractor. This form must be submitted as the Bidder's seated bid. Failure to provide complete and correct information may result in rc
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portic
Work as designated in the list in accordance with applicable provisions of the specifica, section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to per portion of the Work and that no changes in the subcontractors listed work will be made exc
the prior approval of the Agency.
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Full Company Name of Subcontractor: W&E?ILt)?3 GGLVh*
Complete Address: /TI( GQ- rprh) D GbJaG Street 4i-d CO3 fk qzo64- 7c/
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carfsbad Business License No.:
f76d L/71 47 07
!%/ 64j
0 dt-
OWNER OPERATOWLESSOR BID ITEMS ,.
1
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I ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 7-9. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price item on bid proposal pages 7-9.
Page - "? of 7 pages of this form
em
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ks 1/08/98 Contract No. 3558-1 Page 18 of 71 P,
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DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
The Bidder MUST complete each information field on this form for each owner operatodc
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this f
be attached if required to accommodate the Contractor’s decision to use more t
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure tc
complete and correct information may result in rejection of the bid as non-responsive. Exce
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed tc any portion of the Work. The Bidder further certifies that no changes in the Owner Operatc
listed work will be made except upon the prior approval of the Engineer. Provide a separ;
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition (
Operator/Lessor.
a
City of Carlsbad Bu
Ex plan at ion :
Column 2 - Th
Column 3 - Th amount of the item to be performed by Cont
llar amount of the overhead and profit for the item.
t of Columns 2, 3, and 4 must be equal to the dollar amoun
Page - 3 of 7 pages ofthis form
ew
Page 19 of 7 ts 1/08/98 Contract No. 3558-1
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BIDDER’S STATEMENT OF FINANCIAL RESPONSlBlLll
(To Accompany Proposal) 0
Copies of the latest Annual Report, audited financial statements gr Balance Sheets
submitted under separate cover marked CONFIDENTIAL. a
1 -I Lb
&QU/*W
Jchn Burnham & Company
61 0 West Ash Street
San Diego, CA 921 12-4215
R.E. Hazard Contracting Co.
P. 0. Box 229000
San Diego CA 92192-9000
ER'S & CONTRACTOR'S PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
EMPLOYERS' LIABILITY
THE PROPRIETOR/
CITY OF CARLSBAD 0 2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
1
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: KK08300640
INSURED: R.E HAZARD CONTRACTING INC. e ADDITIONAL INSURED - OWNERS, LESSEES
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE
SPECIFICALLY AGREED IN WRITING TO PROVIDE
ADDITIONAL INSURED STATUS UNDER THIS POLICY
CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES & VOLUNTEERS
e
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 work" for that insured by
or for you.
CG 20 10 11 85
0
COMMERCIAL AL
POLICY NUMBER: KK08300640
INSURED: R.E. HAZARD CONTRACTING COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE 0
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATIC
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES & VOLUNTEERS
A. The person or organization shown in the Schedule is included as an
insured but only if liable for the conduct of an "insured" and only to the extent of that liability.
0
B. CANCELLATION
1. If we cancel the policy, we will mail notice to such person or organization in accordance with the Common Policy Condition.
2. If you cancel the policy, we will mail notice to such person or
organization.
3. Cancellation ends this agreement.
CA9909 1090
DATE:
INSURED: R.E. HAZARD CONTRACTING COMPANY, INC. POLICY: KK08300640
0
PRIMARY INSURANCE WORDING
WE'LL CONSIDER THIS INSURANCE TO BE PRIMARY AND
LISTED ON THE ATTACHED CERTIFICATE OF INSURANCE IF
YOUR CONTRACT REQUIRES THAT WE CONSIDER THIS INSURANCE
REQUEST BEFORE A LOSS THAT WE NOT CONSIDER SUCH INSURAN(
NON-CONTRIBUTORY TO THE ADDITIONAL PROTECTED PERSONS
TO BE PRIMARY OR PRIMARY AND NON-CONTRIBUTORY OR YOU
TO BE PRIMARY OR PRIMARY AND NON-CONTRIBUTORY INSURANCE
0
0
COMMERCIAL LIABILITY
R.E. HAZARD CONTRACTING COMPANY GCL-ENDORSEMENTS
#KK08300640
COMMERCIAL GENERAL LIABILITY 0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
AMENDMENTmAGGREGATE LIMITS OF INSURANCE
(PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
The General Aggregate limit under LIMTS OF INSURANCE (Section 111)
applies separately to each of your projects away from premises owned
by or rented to you.
0
0
CG 25 03 11 85
COPY
Waiver Of Rights Of Recovery Endorsement
This endorsement changes your General Rules.
How Coverage Is Changed:
The following is added to the Recovering Damages From A Third Party section
in the general rules.
We won't apply this rule to the person or organization shown in the Contract(
Commercial General Liability Protection Coverage Summary for payments we makc
because of bodily injury or property damage caused by your work done under a
contract with that person or organization.
Other Terms:
All other terms of your policy remain the same.
e
WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF CARLSBAD, ITS OFFICIALS
AND EMPLOYEES
0
0 Name of Insured - Policy Number ~08300640 Effective Date 5 / ~
R.E. HAZARD CONTMCTING GO.
40502 Ed.1-80 Printed in U.S.A. . - CustomizedForm
@St.Paul Fire and Marine Insurance Co.1980 All Rights Reserved
Processing Date
Pas
John Burnham & Company
610 West Ash Street
San Diego, CA 921 12-421 5
R.E. Hazard Contracting Co.
P.O. Box 229000
San Diego CA 92192-9000
ER'S & CONTRACTOR'S PROT
LL OWNED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
CITY OF CARLSBAD 0 2075 LA PALMAS DRIVE
CARLSBAD, CA 92009
4
INSURED:
POLICY # 1077255364
R.E. HAZARD CONTRACTING COMPANY, INC.
TERM: 1/1/98 - 1/1/99 0
TO BE ATTACHED TO AND FORM PART OF
CERTIFICATE ISSUED TO
CITY OF CARLSBAD
DATED 6/18/98
WAIVER OF SUBROGATION INCLUDED & IN FAVOR OF THE FOLLOWING:
CITY OF CARLSBAD, ITS OFFICIALS AND
EMPLOYEES m
e ENDORSEMENT TO BE ISSUED BY COMPANY
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BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOM01 0 I (To Accompany Proposal)
As a required part of the Bidder's proposal the Bidder must attach either of the following to tl
page.
1. Certificates of insurance showing conformance with the requirements herein for:
0 Comprehensive General Liability I Employer's Liability
Automobile Liability
0 Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, a
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insui
Comprehensive General Liability, Employer's Liability, Automobile Liability and
Compensation in conformance with the requirements herein and Certificates of insuranc
Agency showing conformance with the requirements herein. 1 0 All certificates of insurance and statements of willingness to issue insurance for auto policie
to meet the specification of this contract must: (1) meet the conditions stated in The Notict
Bids, the Standard Specifications for Public Works Construction and the Special Provision
project for each insurance company that the Contractor proposes, and (2) cover anv vehiclt
the performance of the contract, used onsite or offsite, whether owned, non-owned or hi
whether scheduled or non-scheduled. The auto insurance certificate must state the cover;
"any auto" and cannot be limited in any manner.
QW ts 1/08/98 Contract No. 3558-1 Page 22 of 7
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BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible t
another jurisdiction in the State of California?
e
J 11 Yes no
2. If yes, what waslwere the name(s) of the agency(ies) and what waslwere the pe
debarment(s)? Attach additional copies of this page to accommodate more than two debar
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
RE. k*ZWGJ C<”;a , fi- &yT*&^ QlQ&p&q38aaizP
(name of Contractor)
(print namehitie)
4-
Page 23 of 7 ts 1/08/98 Contract No. 3558-1
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State
Board which has jurisdiction to investigate complaints against contractors if a complaint re!
patent act or omission is filed within four years of the date of the alleged violation. A c
regarding a latent act or omission pertaining to structural defects must be filed within 10 ye;
date of the alleged violation. Any questions concerning a contractor may be referre
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 9582f
1. Have you ever had your contractor’s license suspended or revoked by the (
Contractors’ State license Board two or more times within an eight year period?
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/
/ 2. Has the suspension or revocation of your contractors license ever been stayed?
no
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Yes
3. Have any subcontractors that you propose to perform any portion of the Work ever
contractor’s license suspended or revoked by the California Contractors’ State license Boa
more times within an eight year period? J
4
Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you pr
perform any portion of the W rk 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,
disciplined, the date of and violation that the disciplinary action pertain to, describe the nati
violation and the disciplinary action taken therefor.
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QW %@ 1/08/98 Contract No. 3558-1 Page 24 of 7 I
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CO NTI N U ED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case,
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
the nature of the violation and the condition (if any) upon which the disciplinary action was
(Attach additional sheets if necessary)
# 0 BY CONTRACTOR:
aE &%-.%3 ~~~~'~~ R:#CT[NG. COMpAf$'f
(name of Contractor)
By:
W.S. ROGERS, VICE PRESIDENT
(print nameltitle)
4- tS 1/08/98 Contract No. 3558-1 Page 25 of 7
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 71 06 e
State of California )
County of 1
) ss.
, being first duly sworn, de
and says that he or she is VCeP&sr&r
(Title)
2-'g ".'A,7 i;:<:> C'4-x $, r,J.:, <yyp&z $Z-Jg$$p@&y( of
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on beha
undisclosed person, partnership, company, association, organization, or corporation; that
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, c
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sh
from bidding; that the bidder has not in any manner, directly or indirectly, sought by ag
communication, or conference with anyone to fix the bid price of the bidder or any other bid
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or '
any advantage against the public body awarding the contract of anyone interested in the 1
contract; that all statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fc
corporation, partnership, company association, organization, bid depository, or to any m
agent thereof to effectuate a collusive or sham bid.
is true and correct and that his affic I declare under penalty of perjury that the
executed on the I e -T L day of
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Subscribed and sworn to before me on the day of
E (NOTARY SEAL)
Signature of Notary
*w %a 1/08/98 Contract No. 3558-1 Page 26 of i
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On (- -=-/%-qg
personally appeared W.S. Rogers
before me, Debra J. Niemeyer, Notary Public, - Date NAME, TITLE OF OFFICER - E G "JANE DOE, NOTARY PUBLIC"
NAMES(S) OF SIGNER(S)
x personally known to me - OR - 0 proved to me on the basis of satisfactory evider
to be the person(s) whose name(s) is/;
subscribed to the within instrument i
acknowledged to me that he/she/tk
executed the same in his/her/their authoriz
capacity(ies) and that by his/her/tk
signature(s) on the instrument the persor
or the entity upon behalf of which
person(s) acted executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document an
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME
INDIVIDUAL 0 CORPORATE OFFICER
TITLE(S)
0 GENERAL
TITLE OR TYPE OF DOCUMENT m PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
0 TRUSTEE(S) NUMBER OF PAGES 0 GUARDllANlCONSERVATOR
j-J OTHER:
DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED AB0
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE e (To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the
Contract he/she has successfully performed and give references, with telephone numbe
will enable the City to judge hidher responsibility, experience and skill. An attachment can 11
Name and Phone
No. of Person Name and Address
*w \a 1/08/98 Contract No. 3558-1 Page 21 of '
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CONTRACT 'e PUBLIC WORKS
,-
This agreement is made this &!/x day of 197E between the City of Carlsbad, California, a municipal corpo&einafter called "City"),
and R. E. HAZARD CONTRACTING COMPANY whose principal place of busines
(hc 6465 MARINDUSTRY DR., SAN DIEGO, CA 92122
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract dc
for:
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND
CONCRETE REPAIRS PROJECT i CONTRACT NO. 3558-1
(he rei n after ca I I ed I' p roj e ct" )
2. Provisions of Labor and Materials. Contractor shall provide all labor, materiz
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notict
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation (
OperatodLessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex1
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications an(
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans and Specifications, and all bonds for the project; all of which are incorporated I
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
indicated, specified, and implied by the Contract Documents. Any items of work not ind
specified, but which are essential to the completion of the work, shall be provided at the COI
expense to fulfill the intent of said documents. In all instances through the life of the Con
City will be the interpreter of the intent of the Contract Documents, and the City's decision r
said intent wit1 be final and binding. Failure of the Contractor to apprise subcontrac
materials suppliers of this condition of the Contract will not relieve responsibility of complian
4. Payment. For all compensation for Contractor's performance of work under this Coni
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific
Public Works Construction (SSPWC) 1997 Edition and the 1998 supplement thereto, hc
designated "SSPWC", as issued by the Southern California Chapter of the American Pub
Association, and as amended by the Special Provisions section of this contract. The Eng
close the estimate of work completed for progress payments on the last working day of eac I
em ts 1/08/98 Contract No. 3558-1 Page 27 of 7
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5. Independent Investigation. Contractor has made an independent investigatio
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the prc
the work, and is aware of those conditions. The Contract price includes payment for all \
may be done by Contractor, whether anticipated or not, in order to overcome undl
conditions. Any information that may have been furnished to Contractor by City about und
conditions or other job conditions is for Contractor's convenience only, and City does no
that the conditions are as thus indicated. Contractor is satisfied with all job conditions,
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac
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 hazardoi
as defined in section 251 17 of the Health and Safety Code, that is required to be rem0
Class I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
B.
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Differing Conditions. Subsurface or latent physical conditions at the site differing frc I indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as
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 or do involve hazardous waste, and cause a decrease or increase in contractor's costs (
time required for, performance of any part of the work shall issue a change order u
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions r
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cc
time required for, performance of any part of the work, contractor shall not be excused
scheduled completion date provided for by the contract, but shall proceed with all wc
performed under the contract. Contractor shall retain any and all rights provided either by
or by law which pertain to the resolution of disputes and protests between the contracting pi
7. Immigration Reform and Control Act. Contractor certifies it is aware of the reqL
of the Immigration Reform and Control Act of 1986 (8 USC sections 1 101 -1 525) and has
and will comply with these requirements, including, but not limited to, verifying the elig
employment of all agents, employees, subcontractors, and consultants that are include
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depa
Industrial Relations has determined the general prevailing rate of per diem wages in acl
with California Labor Code, section 1773 and a copy of a schedule of said general prevail
rates is on file in the office of the City Engineer, and is incorporated by reference herein.
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor !
copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defe
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
injury and liability of every kind, nature and description, directly or indirectly arising frc
connection with the performance of the Contract or work; or from any failure or alleged
Contractor to comply with any applicable law, rules or regulations including those relating
and health; and from any and all claims, loss, damages, injury and liability, howsoever t
may be caused, resulting directly or indirectly from the nature of the work covered by the (
except for loss or damage caused by the sole or active negligence or willful misconduct of i
The expenses of defense include all costs and expenses including attorneys' fees for
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awai
contract to Contractor, and Contractor will pay all costs, including defense costs for
Defense costs include the cost of separate counsel for City, if City requests separate counsl
IO. Insurance. Contractor shall procure and maintain for the duration of the contract ii
against claims for injuries to persons or damage to property which may arise from or in cc
with the performance of the work hereunder by the Contractor, his or her agents, represc
employees or subcontractors. Said insurance shall meet the City's policy for insurance as
Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimi indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single I
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a
aggregate in the amounts specified shall be established for the risks for which the City or itl
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f
injury and property damage. In addition, the auto policy must cover any vehicle USE
performance of the contract, used onsite or offsite, whether owned, non-owned or hi
whether scheduled or non-scheduled. The auto insurance certificate must state the cover: "any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensal
as required by the Labor Code of the State of California and Employers' Liability limits of $1
per incident. Workers' compensation offered by the State Compensation Insurance
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requir
this agreement contain, or are endorsed to contain, the following provisions. General
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional in
respects: liability arising out of activities performed by or on behalf of the Contractor; proc
completed operations of the contractor; premises owned, leased, hired or borrowec contractor. The coverage shall contain no special limitations on the scope of protection af
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for each affording general liability, employers' liability and auto liability coverage.
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b. The Contractor's insurance coverage shall be primary insurance as respects the
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to eact
against whom claim is made or suit is brought, except with respect to the limits of the
liability.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis,
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 I
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or re
coverage or limits except after thirty (30) days' prior written notice has been given to thr
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or se
retention levels must be declared to and approved by the City. At the option of the City, ei
insurer shall reduce or eliminate such deductibles or self-insured retention levels as res1
City, its officials and employees; or the contractor shall procure a bond guaranteeing pa
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement sha a waiver of all rights of subrogation the insurer may have or may acquire against the City
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its p
shall furnish separate certificates and endorsements for each subcontractor. Cover
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
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bu
insurance by the State of California Insurance Commissioner as admitted carriers as evider
listing in the official publication of the Department of Insurance of the State of Californ
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insur<
original endorsements affecting coverage required by this clause. The certificx
endorsements-for each insurance policy are to be signed by a person authorized by that i
bind coverage on its behalf. The certificates and endorsements are to be in forms approvr
City and are to be received and approved by the City before the Contract is executed by thc
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be
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11. Claims and Lawsuits. AI1 claims by contractor for $375,000 or less shall be re!
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter I, P
(commencing with section 20104) which are incorporated by reference. A copy of Artic
included in the Special Provisions I section. The contractor shall initially submit all cla
$375,000 to the City using the informal dispute resolution process described in Public
Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the (
Government Code) for any claim or cause of action for money or damages prior to filing an
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted tc
must be asserted as part of the contract process as set forth in this agreement an
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly E
false claim to a public entity. These provisions include false claims made with deliberate i!
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 t
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 fa
may subject the Contractor to an administrative debarment proceeding wherein the Contra
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections : 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referc
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that deba
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subc
from participating in future contract bidding.
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I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cc
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princi
of business as specified above, Contractor shall so inform the City by certified letter accor
the return of this Contract. Contractor shall notify the City by certified mail of any change o
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1
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 si
for any monies withheld by the City to secure performance of this contract for any (
established by this contract. Any other security that is mutually agreed to by the Contract0
City may be substituted for monies withheld to ensure performance under this Contract.
*-*
(initial)
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15. Provisions Required by Law Deemed Inserted. Each and every provision of
clause required by law to be inserted in this Contract shall be deemed to be inserted hf
included herein, and if, through mistake or otherwise, any such provision is not inserted,
correctly inserted, then upon application of either party, the Contract shall forthwith be F
amended to make such insertion or correction.
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16. Additional Provisions. Any additional provisions of this agreement are set for
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTA
*
I (CORPORATE SEAL)
CONTRACTOR:
b" AX**
(name of Contractor)
By:
-I--- (print name and title)
(sib here) By: u .Pa
R.D. Randal, Executive vice President/S,,,-,t,,y
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
?$-r 'g 2 ,/ By: c ~4,,\ b*
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43epAy City Attorney u &+
ern \# 1/08/98 Contract No. 3558-1 Page 33 of 7
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State of California 1 1 1
County of San Diego 1
On Auaust IO. 1998 before me, Virginia Ann Wait. Notary Public, personally appe:
W.S. Roaers, personally known to me to be the person whose name is subscribed tc
within instrument and acknowledged to me that he executed the same in his author
capacity, and that by his signature on the instrument the person, or the entity upon be
of which the person acted, executed the instrument.
a
WITNESS my hand and official seal.
0
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State of California 1 1 1
County of San Diego 1
On Auaust IO. 1998 before me, Virainia Ann Wait. Notary Public, personally appe:
R. D. Randal, personally known to me to be the person whose name is subscribed tc
within instrument and acknowledged to me that he executed the same in his author
capacity, and that by his signature on the instrument the person, or the entity upon be
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
a
-V-.- L.". ULd, "I d" PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIALS BOND
0 WHEREAS, the City Council of the City of Carlsbad, State of California, by Res(
, adopted JULY 14, 1998 , has awarc
(hereinafter designated as the "Principal"), a Contract for:
NO. 98-231
HAZARD CONSTRUCTION COMPANY
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Co
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of whic
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms tt
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
pay for any materials, provisions, provender or other supplies or teams used in, upon or abo
performance of the work agreed to be done, or for any work or labor done thereon of any kin
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, HAZARD CONSTRUCTION COMPANY
as Principal, (hereinafter designated as the "Contractor"), and RELIANCE INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWO HUNDRED N
FOUR THOUSAND ONE HUNDRED SEVENTEEN AND 75/00------------------ Do
($ 294,117.75 ), said sum being fifty percent (50%) of the estimated amount payat
the City of Carlsbad under the terms of the Contract, for which payment well and truly to be I
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointlq
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hislher subcontractor
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or aboc
performance of the work contracted to be done, or for any other work or labor thereon of any
or for amounts due under the Unemployment Insurance Code with respect to such work or labc
for any amounts required to be deducted, withheld, and paid over to the Employment Develop
Department from the wages of employees of the contractor and subcontractors pursuant to se
13020 of the Unemployment Insurance Code with respect to such work and labor that the Sure1
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brc
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fee
be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitl
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 308;
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terr
the Contract, or to the work to be performed thereunder or the specifications accompanyin(
same shall affect its obligations on this bond, and it does hereby waive notice of any cha
extension of time, alterations or addition to the terms of the contract or to the work or tc
specifications.
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In the event that Contractor is an individual, it is agreed that the death of any such Contr,
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this zy= Executed by SURETY this 28TH
day of ,19 7g. of JULY
CONTRACTOR: SURETY:
(name of Contractor)
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HAZARD CONSTRUCTION COMPANY RELIANCE INSURANCE COMPANY
4275 EXECUTIVE SQUARE, SUITE
(name of Surety)
(address of Surety)
By: LA JOLLA, CA 92037
(619) 455-6566 W.S. ROGERS, VICE PRESIDENT
(print name here)
(title and organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
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By:
(printed name of Attorney-in-F'i
(attach corporate resolution showing
power of attorney)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attach
(President or vice-president and secretary or assistant secretary must sign for corporation:
one officer signs, the corporation must attach a resolution certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney -
em tlg 1/08/98 Contract No. 3558-1 Page 35 of 7'
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State of California 1 1 1
County of San Diego 1
On Auaust 10. 1998 before me, Virainia Ann Wait. Notary Public, personally appei
W.S. Roaers, personally known to me to be the person whose name is subscribed tc
within instrument and acknowledged to me that he executed the same in his author1
capacity, and that by his signature on the instrument the person, or the entity upon be
of which the person acted, executed the instrument.
a
A%nvA%v"".w%vwl * WITNESS my hand and official seal.
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0
State of California )
County of San Diego )
On July 28, 1998 before me, Tara Bacon, Notary Public, personallg
appeared Jack G. Lupien, personally known to me to be the person whosf
name is subscribed to the within instrument and acknowledged to me that ht
executed the same in his authorized capacity, and that by his signature on tht
instrument the person(s), or the entity upon behalf of which the person acted,
executed the instrument.
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WITNESS my hand and official seal.
7
J-rl.FJQC @--
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---.- -.-- --_, ",
PREMIUM: $5,574.
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resol
, has awardt
HAZARD CONSTRUCTION COMPANY , (herein:
NO. 98-231 , adopted JULY 14, 1998
designated as the "Principal"), a Contract for:
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY AND
CONCRETE REPAIRS PROJECT
CONTRACT NO. 3558-1
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications,
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, l
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thc
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, HAZARD CONSTRUCTION COMPANY , as Princi
(hereinafter designated as the "Contractor"), and RELIANCE INSURANCE CO~A~
, are held and firm1 bound unto the Ci of Carls
Dollars ($ 588,235.50 ), said sum being e
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City c
certain attorney, its successors and assigns; for which payment, well and truly to be made, we
ourselves, our heirs, executors and administrators, successors or assigns, jointly and sevei
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor,
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
well and truly keep and perform the covenants, conditions, and agreements in the Contract and
alteration thereof made as therein provided on their part, to be kept and performed at the time
in the manner therein specified, and in all respects according to their true intent and meaning,
shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents
therein stipulated, then this obligation shall become null and void; otherwise it shall remain in
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therc
there shall be included costs and reasonable expenses and fees, including reasonable attorn
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the term
the Contract, or to the work to be performed thereunder or the specifications accompanying
same shall affect its obligations on this bond, and it does hereby waive notice of any char
extension of time, alterations or addition to the terms of the contract or to the work or to
specifications.
in the sum ot tIVt HUNDKtD ,aES&F.tsI EIGHT THouSXND TWO HUND 2 ED THii
FIVE AND 1jo/O0 _-_-___-------___-__
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Page 36 of 71 Pagi $@ 1/08/98 Contract No. 3558-1
In the event that Contractor is an individual, it is agreed that the death of any such Contract0
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this3
CONTRACT0 R:
*
Executed by SURETY this 28TH day of
SURETY:
, .&F JULY ,1998 . day Of - HAZARD CONSTRUCTION COMPANY RELIANCE INSURANCE COMPANY
(name of Contractor) (name of Surety)
4275 EXECUTIVE SQUARE, SUITE 700
By: LA JOLLA, CA 92037
(address of Surety)
W.S. ROGERS, VICE PRESIDENT
(print name here)
(Title and Organization of Signatory)
By: JACK G. LUPIEN, ATTORNEY-IN-FACT Y -‘Iv ‘ fsibn here) (printed name of Attorney-in-Fact) 0 R.D. Randal
(print name here) (Attach corporate resolution showing cu power of attorney.) Executive Vice president /Secretary
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
one officer signs, the corporation must attach a resolution certified by the secretary or assi:
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: -J-)p$-- i&A % City Attorney
a
*- \@ 1/08/98 Contract No. 3558-1 Page 37 of 71 Pag
0
State of California 1 1 1
County of San Diego 1
On Auaust 10. 1998 before me, Virainia Ann Wait. Notary Public, personally appe;
W.S. Roaers, personally known to me to be the person whose name is subscribed to
within instrument and acknowledged to me that he executed the same in his authori
capacity, and that by his signature on the instrument the person, or the entity upon be
of which the person acted, executed the instrument.
e
WITNESS my hand and official seal.
0
0
State of California 1 1 1
County of San Diego 1
On August IO. 1998 before me, Virainia Ann Wait, Notary Public, personally appe:
R. D. Randal, personally known to me to be the person whose name is subscribed to
within instrument and acknowledged to me that he executed the same in his authori
capacity, and that by his signature on the instrument the person, or the entity upon be
of which the person acted, executed the instrument.
e
WITNESS my hand and official seal.
a
0
State of California )
County of Sm
On July 28, 1998 before me, Tara Bacon, Notary Public, personallj
appeared Jack G. Lupien, personally known to me to be the person whosr
name is subscribed to the within instrument and acknowledged to me that ht
executed the same in his authorized capacity, and that by his signature on tht
instrument the person(s), or the entity upon behalf of which the person acted
executed the instrument.
a
WITNESS my hand and official seal.
&-=cc.
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008
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REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned t Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the YES NO X ownership, operation and control of the business, in accordance with the specific definitions listed below is:
I.
Are you currently certified by CALTRANS?
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATIONC3):
Mark all applicable blanks. This offeror repre: part of this offer that:
This firm is-, is notL a minority busines This firm is--, is notx a woman-owned t
WOMAN-OWNED BUSINESS: A worn business is a business of which at least 51 owned, controlled and operated by a woman ( Controlled is defined as exercising the powe policy decisions. Operation is defined a: involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE DE FIN ITIONS :
MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 5'1 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 CoNSTRUCTloN CoNTRACToR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LlCENSE NUMBER: q371a Americans (i.e., US. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS 1.D. No- 9s-081qq77 Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
C E RTlFlCATlO N : The information furnished is certified to be factual and correct as of the date submitted.
cofimu.Rod '
A CLASSIFICAT1oN(S):
R.€*R-tAwo CCrrJllz&-it N6- caM?m./ T.S.~M&~TEK~U~ COMP NYNAME
ADDRESS
CITY, STATE N ZI
TELEPHONE NUMBER
(0. 60% 224 OOD
5Ahl o\em I G4 4dIS2
DATE b19 - sa'#)d $LOO
4- t# 1/08/98 Contract No. 3558-1 Page 38 of 71
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OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION I
This Escrow Agreement is made and entered into by and between the City of Carlsba
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C
whose ad
hereinafl
"Contractor" and whose ad
he1
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califc
contractor has the option to deposit securities with the Escrow Agent as a substitute for
earnings required to be withheld by the City pursuant to the Construction Contract ente
between the City and Contractor for the 1998 Northeast Quadrant Pavement Overlay and (
Repairs Project, Contract No. 3558-1, in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written requc
contractor, the City shall make payments of the retention earnings directly to the escrom
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrc
shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insu
cover negligent acts and omissions of the escrow agent in connection with the handling of rf
under these sections in an amount not less than $100,000 per contract. The market vali
securities at the time of the substitution shall be a least equal to the cash amount then ret
be withheld as retention under the terms of the contract between the City and Con
Securities shall be held in the name of the ,i designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwii
be withheld from progress payments pursuant to the Contract provisions, provided that thc
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
agent shall hold them for the benefit of the contractor until such time as the escrow creak
this contract is terminated. The contractor may direct the investment of the payme
securities. All terms and conditions of this agreement and the rights and responsibilitie
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
Agent in administering the Escrow Account and all expenses of the City. These expen
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
interest earned on that interest shall be for the sole account of Contractor and shall be SI
withdrawal by Contractor at any time and from time to time without notice to the City.
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*= k? 1/08/98 Contract No. 3558-1 Page 39 of 7'
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
only by written notice to Escrow Agent accompanied by written authorization from City to the
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contrac
7. The City shall have a right to draw upon the securities in the event of default by the Cor
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrc
shall immediately convert the securities to cash and shall distribute the cash as instructe City.
8. Upon receipt of written notification from the City certifying that the Contract is final and (
and that the Contractor has complied with all requirements and procedures applicabl
Contract, the Escrow Agent shall release to Contractor all securities and interest on dep
escrow fees and charges of the Escrow Account. The escrow shall be closed immediatt
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 c(
pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor SI
Escrow Agent harmless from Escrow Agent's release, conversion and disbursemeni
securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive writte
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exen
their respective signatures are as follows:
For City: Title
R
Name !e Sig nature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title t Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escroi
a fully executed counterpart of this Agreement. I
e= %@ 1/08/98 Contract No. 3558-1 Page 40 of 71
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer:
date first set forth above.
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For City: Title
e
Name
Signature
Address
For Contractor: Title 1 Name
Signature
Address
For Escrow Agent: Title
Name
Signature 1. Address
*- t? 1/08/98 Contract No. 3558-1 Page 41 of 71
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1 SPECIAL PROVISIONS FOR
1998 NORTHEAST QUADRANT PAVEMENT OVERLAY ANC
CONCRETE REPAIRS PROJECT e 1 CONTRACT NO. 3558-1
II SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCl
PART 1, GENERAL PROVISIONS 9
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SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sch
or words of similar import are used, it shall be understood that reference is made to tt
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar irr
used, it shall be understood that the direction, designation or selection of the Engineer is it
unless stated otherwise. The word "required" and words of similar import shall be under
mean "as required to properly complete the work as required and as approved by the Er 8 0 unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", E
words of similar import are used, it shall be understood such words are followed by the ex
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ai
"acceptance", or words of similar import are used, it shall be understood that the E
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 Contractc
expense, shall perform all operations, labor, tools and equipment, and further, incluc
furnishing and installing of materials that are indicated, specified or required to mean
Contractor, at its expense, shall furnish and install the work, complete in place and ready
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, I
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative
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Dispute Board - persons designated by the City Manager to hear and advise the City Manager
claims submitted by the Contractor. The City Manager is the last appeal level for informal disp
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The (
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the origi
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hir
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Furtt
such employees have their employment taxes, State disability insurance payments, State i
Federal income taxes paid and administered, as applicable, by the Contractor. When used
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or lea:
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with
operator is not part of the Contractor’s Own Organization and will not be included for the purpose
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provic
who is employed by neither the Contractor nor a subcontractor and is neither an agent or emplo)
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administrat
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal
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 requiri
the Contractor to complete 50 percent of the contract price with its own organization, the Ager
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent
the value of the work performed in excess of 50 percent of the contract price by other than I
Contractor’s own organization. The City Council shall be the sole body for determination 01
violation of these provisions. In any proceedings under this section, the prime contractor shall
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance
the time and location of said hearing. The determination of the City Council shall be final.
em f.$ 1/08/98 Contract No. 3558-1 Page 43 of 71 Page
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2-4 CONTRACT BONDS. modify as follows: Delete the third sentence of the first p:
having to do with a surety being listed in the latest revision of U.S. Department of Treasury 8 ,@ 570.
Modify Paragraphs three and four to read: The Contractor shall provide a
performance/warranty bond and payment bond (labor and materials bond) for this contra
faithful performancelwarranty bond shall be in the amount of 100 percent of the contract p
the payment bond shall be in the amount of 50 percent of the contract price. Both bor
extend in full force and effect and be retained by the Agency during this project until '
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the (
warranty period and until all warranty repairs are completed to the satisfaction of the Engine
The payment bond shall be released six months plus 30 days after recordation of the F
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admi
authorized to transact the business of insurance in California and whose assets exce
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to co I following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
2) A certified copy of the certificate of authority of the insurer issued by the ir
If the bid is accepted, the Agency may require a financial statement of the assets and lial
the insurer at the end of the quarter calendar year prior to 30 days next preceding the da
execution of the bond. The financial statement shall be made by an officer's certificate as d
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staterr
be verified by the oath of the principal officer or manager residing within the United States.
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner.
I 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. add the following: The specifications for the work include the t
Specifications for Public Works Construction, (SSPWC), 1997 Edition and the 1998 sur
thereto, hereinafter designated "SSPWC, as issued by the Southern California Chapte
American Public Works Association, and as amended by the Special Provisions sectioi
con tract.
The construction plan consists of Drawing No. 360-1, Sheets 1 to 36 and is attached her
standard drawings used for this project are the latest edition of the San Diego Area I
Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Del
of Public Works, together with the City of Carlsbad Supplemental Standard Drawings anc
Carlsbad Municipal Water District Standard Plans and Drawings.
2-5.3.3 Submittals. add the following: When submitted for the Engineer's revie
Drawings shall bear the Contractor's certification that he has reviewed, checked, and apprl
Shop Drawings and that they are in conformance with the requirements of the Contract Doc I
em 6$ 1/08/98 Contract No. 3558-1 Page 44 of 7'
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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 propos
to be incorporated into this Project, is in compliance with the Contract Documents, can be instal
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-bL
record set of blue-line prints, which shall be corrected in red daily and show every change from i original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipme underground piping, valves, and all other work not visible at surface grade. Prints for this purpc
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall
used only as a record set and shall be delivered to the Engineer upon completion of the wor
Payment for performing the work required by section 2-5.4 shall be included in various bid items a
no additional payment will be made therefor.
Add the following:
2-6 Work to be Done. The work to be done consists of cross gutter removal and replaceme and curb ramp installation; A.C. cold milling; road surface patching and leveling; overlaying wi A.C. adjustment of utility appurtenances and striping work all as shown on the attached plans Contractor shall be responsible for restoring all striping to original condition, per Caltrans Trafl
Manual, Chapter 6, unless otherwise indicated. Contractor shall be responsible for restorir
landscaping and irrigation to pre-construction condition. The Contractor shall furnish all materia
required by this contract and provide the necessary labor and equipment to complete tt
operations specified herein.
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2-9 SURVEYING.
2-9.1 Permanent Survey Markers. substitute the following: The Contractor shall not disti permanent survey monuments or benchmarks without the consent of the Engineer. Where t Engineer concurs, in writing, with the Contractor that protecting an existing monument in place impractical, the Contractor shall employ a licensed land surveyor to establish the location of t monument before it is disturbed. The Contractor shall have the monument replaced by a kens
land surveyor no later than thirty (30) days after construction at the site of the replacement
completed. The Licensed Land Surveyor shall file corner record(s) as required by 55 8772 a
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
permanent survey monument is located, the Contractor shall adjust the monument frame and co\ to the new grade. Monument frames and covers shall be protected during street sealing or painti 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 t
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform
work necessary for establishing control, construction staking, records research and all ott
surveying work necessary to construct the work, provide surveying services as required herein a provide surveying, drafting and other professional services required to satisfy the requirements the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations a
shall personally supervise and certify the surveying work.
Add the following section:
4- r,@ 1/08/98 Contract No. 3558-1 Page 45 of 71 Page!
2-9.3.1 Submittal of Surveying Data. All surveying data submittals shall conforr
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade E
the Engineer before commencing work in the area affected by the grade sheets. The Cc
shall submit field notes for all surveying required herein to the Engineer within ten
performing the survey. All surveying field notes, grade sheets and survey calculations
submitted in bound form on 8’/,” by 11” paper. The field notes, calculations and data shall
and complete with name of field party chief, field crew members, preparer, date of obser
calculation, consecutive page numbers and shall be readable without resort to any electr
computer program or documentation for any computer program. The field notes shall be I
in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a R
Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California I
and Professions Code showing all SDRS M-10 monuments set. The record of survey shall !
location and justification of location of all permanent monuments set and their relation to ti
right-of-way. Record@) of Survey(s) shall be submitted for the Engineer’s review and
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 b
intervals as measured along the project stationing unless a lesser interval is specified
Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch PC
street crown lines where no median exists. Large slopes shall have line point set t
construction of the slope. Rough sub-grade stakes for roadway section shall be set at
pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing suk
aggregate base for the roadway section. The stakes shall be set at edge of pavement ar
curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be a
intervals at edge of pavement and top of curbs and crown line where no median
Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot ink
the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be ai
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intel
stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Sto
staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and E
of the local depression. Curbdcurbs and gutter shall be staked at 25-foot intervals, centc
driveways, and 1/4, 1/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by thi
pass width shall be painted on the pavement prior to placing each lift of asphalt on
thickness pavement overlays requiring leveling courses. Intersections showing specific
asphalt grids shall be painted per the grid. Stakes shall be set to show the location and
future curbs adjacent to traffic signal locations where the curb is not being built as a pa
contract. Surveyor shall mark the removal limits and limits of work line shown on the pla
markings shall consist of continuous painted lines on asphalt and concrete surfaces and red
or painted laths spaced on centers no more than twenty-five feet on unimproved area
markings shall be completed by Surveyor and inspected and approved by the Engineer be
start of construction in the area marked. Centerline monuments shall be laid out, tt
stamped, and a Record of Survey satisfactory to the Engineer filed with the County in acc
with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at
intervals with offsets referencing the top and centerline of pipe on main line and laterals
pipeline work the pipe and each access hole, pipe material change, lateral connection
appurtenance, or hydrant location with elevations shall be staked and provided with grad(
designating the offset of the reference point, station, elevation of reference point, cut (or
feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved
shown on the plans shall be staked and flagged at 25 foot intervals prior to the start of ai
activities within the limits of the work.
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Add the following section:
2-9.3.3 Payment for Survey. Payment for work performed to satisfy the requirements
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey WI
and no additional payment will be made. Extension of unit prices for extra work shall include
compensation for attendant survey work and no additional payment will be made therefor. Paymi
for the replacement of disturbed monuments and the filing of corner records shall be incidental
the work necessitating the disturbance of said monuments and no additional payment will be m2
therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records.
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 ‘
Engineer, within San Diego County, accurate books and accounting records relative to all
activities. The Engineer shall have the right to monitor, assess, and evaluate Contract0
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to incluc
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intervie\
of Contractor’s staff. At any time during normal business hours and as often as the Engineer m
deem necessary, upon reasonable advance notice, Contractor shall make available to the Engine
for examination, all of its records with respect to all matters covered by this Contract and will perr
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and recorc
and to make audits of all invoices, materials, payrolls, records of personnel, and other data relati
to all matters covered by this Contract. However, any such activities shall be carried out in
manner so as to not unreasonably interfere with Contractor’s ongoing business operatior
Contractor shall maintain such data and records for as long as may be required by applicable la\
and regulations.
The Contractor shall provide copies of all records in 1
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
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion the change, which together will all previous changes to that item is not in excess of 25 percent of tl
total cost of such item based on the original quantity and Contract Unit Price. Adjustments
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Ext
Work.
3-3.2.2 ( c ) Tool and Equipment Rental. Regardless
ownership, the rates and right-of-way delay factors to be used in determining rental and delay cos
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRAN:
current at the time of the actual use of the tool or equipment. The right-of-way delay factors there
shall be used as multipliers of the rental rates for determining the value of costs for delay to tt
Contractor and subcontractors, if any, The labor rates published therein are not a part of th
con tract.
second paragraph, modify as follows:
e= p,s 1/08/98 Contract No. 3558-1 Page 47 of 71 Pages
3-3.2.3 Markup. Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the
and replace with the following: (a) Work by Contractor. The following percentages shall t
to the Contractor’s costs and shall constitute the markup for all overhead and profits:
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, I percent shall be a
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is perform
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portic
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. Pay extra work will not be made until such time that the Contractor submits completed daily re&
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pi
five (5), and add the following: The Contractor shall not be entitled to the payment of any a
compensation for any act, or failure to act, by the Engineer, including failure or refusal tc
change order, or for the happening of any event, thing, occurrence, or other cause, unless
have first given the Engineer due written notice of potential claim as hereinafter sp
Compliance with this section shall not be required as a prerequisite to notice provisions in S
7.3 Contract Time Accounting, nor to any claim that is based on differences in measurc
errors of computation as to contract quantities. The written notice of potential claim for
conditions shall be submitted by the Contractor to the Engineer upon their discovery and pri
time that the Contractor performs the work giving rise to the potential claim. The Contractor
to give written notice of potential claim for changed conditions to the agency upon their d
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a descriptio1
particular circumstances giving rise to the potential claim, the reasons for which the Cc
believes additional compensation may be due and nature of any and all costs involved \i
working days of the date of service of the written notice of potential claim for changed cor
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False CI:
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C
False Claims Act, Government Code sections 12650-1 2655. The undersigned further und
and agrees that this potential claim, unless resolved, must be restated as a claim in respon
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Cc
shall submit substantiation of its actual costs to the Engineer within 20 working days q
affected work is completed. Failure to do so shall be sufficient cause for denial of ai
subsequently filed on the basis of said notice of potential claim.
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add the following after the second sentence:
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It is the intention of this section that differences between the parties arising under and by virtue
the contract be brought to the attention of the Engineer at the earliest possible time in order tt
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
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispi
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contrac
shall attempt to resolve all disputes informally through the following dispute resolution chain
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of tl
disputed work stating its position on the claim, the contractual basis for the claim, along with
documentation supporting the costs and all other evidentiary materials. At each level of claim
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of clair
review the Contractor's report and respond with a position, request additional information or reque
that the Contractor meet and present its report. When additional information or a meeting
requested the City will provide its position within 10 working days of receipt of said additior
information or Contractor's presentation of its report. The Contractor may appeal each leve
position up to the City Manager after which he may proceed under the provisions of the Pub
Contract Code.
The authority within the dispute resolution chain of command is limited to recommending
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change ord
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with tl
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing w
Section 20104) which is set forth below:
ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104 (a)(l) This article applies to all public works claims of three hundred seventy-five thousai
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
public agency when the public agency has elected to resolve any disputes pursuant to Article 7
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, exce
that "public work" does not include any work or improvement contracted for by the state or tl
Regents of the University of California.
e-- ts 1/08/98 Contract No. 3558-1 Page 49 of 71 Page:
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa!
money or damages arising from work done by, or on behalf of, the contractor pursuar
contract for a public work and payment of which is not otherwise expressly provided fc
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or speci
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 tt
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intc
extend the time limit or supersede notice requirements otherwise provided by contract for
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re:
writing to any written claim within 45 days of receipt of the claim, or may request, in writin
30 days of receipt of the claim, any additional documentation supporting the claim or re
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 pursua
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 sub1
the claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r
the claim, any additional documentation supporting the claim or relating to defenses to the (
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursua
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 sub1
the claimant within 30 days after receipt of the further documentation, or within a period oi
greater than that taken by the claimant in producing the additional information or re
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
within the time prescribed, the claimant may so notify the local agency, in writing, either \
days of receipt of the local agency's response or within 15 days of the local agency's i
respond within the time prescribed, respectively, and demand an informal conference to n
confer for settlement of the issues in dispute. Upon a demand, the local agency shall scl
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in disl
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C
purposes of those provisions, the running of the period of time within which a claim musf
shall be tolled from the time the claimant submits his or her written claim pursuant to subdi\
until the time that claim is denied as a result of the meet and confer process, including any 1
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor
construed to change the time periods for filing tort claims or actions specified by CI
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
3.6 of Title 1 of the Government Code.
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20104.4 The following procedures are established for all civil actions filed to resolve claims subjr
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the co
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both partic
The mediation process shall provide for the selection within 15 days by both parties of
disinterested third person as mediator, shall be commenced within 30 days of the submittal, a
shall be concluded within 15 days from the commencement of the mediation unless a til
requirement is extended upon a good cause showing to the court or by stipulation of both parties
the parties fail to select a mediator within the 15-day period, any party may petition the court
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil Procedu
notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of 1986 (Article
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedu
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appoini
for purposes of this article shall be experienced in construction law, and, upon stipulation of i
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not exceed their customary rate, and such fees and expenses shall be paid equally by the partic
except in the case of arbitration where the arbitrator, for good cause, determines a different divisic
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
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but dc
not obtain a more favorable judgment shall, in addition to payment of costs and fees under tt
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
arbitration process.
20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is undispui
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
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed ir
court of law.
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 sa
access to any and all parts of work at any time. Contractor shall furnish Engineer with SUC
information as may be necessary to keep the Engineer fully informed regarding progress ar
manner of work and character of materials. Inspection or testing of the whole or any portion of tt
work or materials incorporated in the work shall not relieve Contractor from any obligation to full
this Contract.
4-1.4 Test of Materials. add the following: Except as specified in these Special Provisions, t
Agency will bear the cost of testing materials and/or workmanship where the results of such te!
meet or exceed the requirements indicated in the Standard Specifications and the Spec
Provisions. The cost of all other tests shall be borne by the Contractor.
em ts 1/08/98 Contract No. 3558-1 Page 51 of 71 Page
At the option of the Engineer, the source of supply of each of the materials shall be approve
before the delivery is started. All materials proposed for use may be inspected or tested at
during their preparation and use. If, after incorporating such materials into the Work, it is fc
sources of supply that have been approved do not furnish a uniform product, or if the proc
any source proves unacceptable at any time, the Contractor shall furnish approved mate other approved sources. If any product proves unacceptable after improper storage, handli
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exc
requirements of the specifications shall be borne by the Agency. Said tests may be mad
place along the work as deemed necessary by the Engineer. The costs of any retes
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
satisfactory performance of substituted items. If, in the sole opinion of the Engine
substitution is determined to be unsatisfactory in performance, durability, compatibil
associated items, availability of repair parts and suitability of application the Contract
remove the substituted item and replace it with the originally specified item at no cos
Agency.
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I SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by
of known records, endeavored to locate and indicate on the Plans, all utilities which exist v
limits of the work. However, the accuracy and/or completeness of the nature, size and/or lo
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor ci
the failure of other parties to relocate utilities that interfere with the construction, the Cc
upon request to the Engineer, may be permitted to temporarily omit the portion of work aff
the utility. Such omission shall be for the Contractor's convenience and no additional comp
will be allowed therefor. The portion thus omitted shall be constructed by the Cc
immediately following the relocation of the utility involved unless otherwise directed by the E
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsec
and substitute the following: The Contractor shall begin work within fifteen (15) calend
after receipt of the "Notice to Proceed".
Add the following section:
6-1.2 Measurement and Payment of Construction Schedule. The Contractor's pre
revision and maintenance of the Construction Schedule are incidental to the work and no
payment will be made therefor.
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1.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment a
materials, and performing all operations necessary to complete the Project Work as shown on 1
Project Plans and as specified in the Specifications. The work includes preparing road surfacc
application of asphalt concrete overlays, and minor concrete repair work on streets with concrf
repairs, Contractor shall complete concrete removals and replacements prior to placing A
overlay, unless otherwise directed by the Engineer.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writi
notice to the Engineer within two hours of the beginning of any period that the Contractor has plac
any workers or equipment on standby for any reason that the Contractor has determined to
caused by the Agency or by any organization that the Agency may otherwise be obligated by. T
Contractor shall provide continuing daily written notice to the Engineer, each working di
throughout the duration of such period of delay. The initial and continuing written notices st-
include the classification of each workman and supervisor and the make and model of each piece
equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay
reasonable means. Should the Contractor fail to provide the notice(s) required by this section t
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute tt
work to completion within forty-five (45) working days after the starting date specified in the Notic
to Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the Engine
the hours of work shall be between the hours of 7:OO a.m. and 500 p.m. on Mondays throu
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of t
Engineer if the Contractor desires to work outside said hours or at any time during weekends and
holidays. This written permission must be obtained at least 48 hours prior to such work T
Engineer may approve work outside the hours and/or days stated herein when, in hidher s(
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. T
Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for or
(1) year after recordation of a "Notice of Completion" and any faulty work or materials discoverf
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twent!
five percent of the faithful performance bond shall be retained as a warranty bond for the one ye:
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first senten
of the second paragraph and add the following: For each consecutive calendar day in excess
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor sh
pay the Agency, or have withheld monies due it, the sum of one thousand ($1000.00) dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor that o
thousand ($1,000.00) dollars per day is the minimum value of costs and actual damages caused
the Contractor to complete the Work within the allotted time. Any progress payments made after t
specified completion date shall not constitute a waiver of this paragraph or of any damages.
Add the following:
*- cs 1/08/98 Contract No. 3558-1 Page 53 of 71 Page!
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR ' 0 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insu
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc
conduct business in the state of California and are listed in the official publication of the Der
of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance
placed with insurers that are admitted and authorized to conduct business in the state of C
and are listed in the official publication of the Department of Insurance of the State of Ca
Policies issued by the State Compensation Fund meet the requirement for workers' compi
7-5 PERMITS. Except as specified herein the agc
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building
necessary to perform work for this contract on Agency property, in streets, highways (exce
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
permits incidental to the work are obtained. The Contractor shall obtain and pay for all pe
the disposal of all materials removed from the project. The cost of said permit(s) shall be
in the price bid for the appropriate bid item and no additional compensation will be allowed tt
I insurance.
Modify the first sentence to read:
I 7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility co
during the relocation or construction of their lines. The Contractor may be granted a time e
if, in the opinion of the Engineer, a delay is caused by the utility company. No a
compensation will be made to the Contractor for any such delay. 1 @
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require
shall also be executed on weekends and other non-working days when needed to pres1
health safety or welfare of the public. The Contractor shall conduct effective cleanup i
control throughout the duration of the Contract. The Engineer may require increased I
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healtl
and welfare of the public. Cleanup and dust control shall be considered incidental to the
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
construction meter for water used for the construction, plant establishment, maintenance, 1
testing and all other work requiring water related to this contract. The Contractor shall cor
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup,
meter and any, and all, other charges, deposits and/or fees therefor.
considered incidental to the items of work that they are associated with and no additional I
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Said costs I will be made therefor.
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Add the following section:
7-8.6. Water Pollution Control. Full compensation for performing erosion control and wai
pollution control, conforming to the operational requirements of the Best Management Practices a
conforming to the requirements of the Federal Water Pollution Control Act, including the late
amendments thereto, which is not a part of the planned permanent work or included as a separc
bid item shall be considered incidental to the items of work with which they are associated and
additional compensation will be allowed therefor.
Erosion control and water pollution control shall conform to the requirements shown on the plar
specified herein, and as elsewhere required by the Contract Documents. Erosion control and wai
pollution control shall include the work specified herein, and such additional measures, as may
directed by the Engineer, to meet Best Management Practices, as defined herein, and to prope
control erosion and storm water damage of the limits of work and construction impacts upon are
receiving drainage flows from within the limits of work.
The Contractor shall protect all areas within the limits of work from erosion. Said protection sh
include areas that have been graded and/or cleared and grubbed as well as areas that have r
been graded and/or cleared and grubbed. The Contractor shall provide temporary earth berm
gravel bags, coordinated with its construction procedures, as necessary and as shown on the pia
to control on site and off site erosion during the construction period. The Contractor will be requiri
to protect areas which have been cleared and grubbed prior to excavation or embankme operations, and which are subject to runoff during the duration of the contract. The criteria used
determine the appropriate erosion control measures shall be the "Best Management Practice!
hereinafter BMP, defined and described in the, "California Storm Water Best Manageme
Handbook, Construction Activity", March 1993 edition as published by the Storm Water Quality Ta
Force. The Contractor shall maintain a copy of the "California Storm Water Best Manageme
Handbook, Construction Activity", March 1993 edition on the project site and shall conduct
operations in conformity to said Handbook.
Temporary erosion control measures provided by the Contractor shall include, but not be limited i
the following:
a) Embankment areas, while being brought up to grade and during periods of completion prior
final roadbed construction, shall be graded so as to direct runoff into impoundment areas witt
the limits of work where such runoff shall have pollutants removed by BMP methods.
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation
downstream facilities and adjacent areas. These measures shall include, but shall not be limitc
to: temporary down drains, either in the form of pipes or paved ditches with protected outf
berms; graded berms around areas to eliminate erosion of embankment slopes by surface runc
confined ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the resultir
siltation of downstream facilities and adjacent areas by the use of BMP measures. The
measures shall include, but shall not be limited to, methods shown on the plans and describc
herein
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equippc
with mufflers in good repair when in use on the project with special attention to the City Noir
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
e= \? 1/08/98 Contract No. 3558-1 Page 55 of 71 Page:
7-10 PUBLIC CONVENIENCE AND SAFETY.
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7-10.1 The Contractor shall schedule the work so as to prevent damage by all traffic, inch
not limited to mail delivery. The Contractor shall not schedule work so as to conflict w
pickup. The trash hauling schedule can be obtained by calling the City's contracted waste
company, Coast Waste Management at 929-941 7.
During sealing operations, the Contractor's schedule for asphalt overlay application
designated to provide residents and business owners whose streets are to be overlayed I
paved parking within an 800 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way tha
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notifi
the impending disruption. For a full street closure, all residences and/or businesses on the
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand-delivered and shall state the date and time the work will begi
anticipated duration. The notification shall list two telephone numbers that may be called '
additional information. One number shall be the Contractor's permanent office of field office
other number shall be a 24-hour number answered by someone who is knowledgeable a
project. At least one of the phone numbers provided shall be in the (760) area code. An at
machine shall not be connected to either number. The notification shall also give a brief de
of the work and simple instructions to the home or business owner on what they need
facilitate the construction. The Contractor shall submit the contents of the notificatioi
Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affi:
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and
brightly colored yellow with contrasting printing. The material shall be equivalent in strer
durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 p'
example of such notice is provided in Appendix "A.
The preparation, materials, printing and distribution of the notifications shall be considered it
to the work and the Contractor will not be entitled to any additional compensation for prir
distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls st
accordance with the plans, Chapter 5 of the California Department of Transportation "M
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffi
system is displaced, or ceases to operate or function as specified, from any cause, dt
progress of the work, the Contractor shall immediately repair said component to its original (
or replace said component and shall restore the component to its original location. In the e
the Contractor fails to install and/or maintain barricades or such other traffic signs, n
delineation or devices as may be required herein, the Engineer may, at hidher sole optio
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
per day per traffic sign or device, or the actual cost of providing such traffic contro
whichever is the greater.
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e= tlq 1/08/98 Contract No. 3558-1 Page 56 of 7'
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Add the following section:
7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintain
and removed by the Contractor when no longer required. Care shall be used in performi
excavation for signs in order to protect underground facilities. Warning and advisory signs tl
remain in place overnight shall be stationary mounted signs. Stationary signs that warn of nc
existant conditions shall be removed from the travelled way or shielded from the view of t
travelling public during such periods that their message does not pertain to existing conditions.
excavation required to install stationary construction area signs shall be performed by ha
methods without the use of power equipment. Warning and advisory signs that are used only duri
working hours may be portable signs. Portable signs shall be removed from the travelled way a
shielded from the view of the travelling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Coc
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance w
the provisions in Section 12-3.068, “Portable Signs”, of the CALTRANS Standard Specifications;
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflecti
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 manne
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside sigr
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. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.d square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan R
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
diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwi
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Sign: Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
em p,s 1/08/98 Contract No. 3558-1 Page 57 of 71 Pages
Each portable sign shall consist of a base, standard or framework and a sign panel. The u
be capable of being delivered to the site of use and placed in immediate operation. Sign p
portable signs shall conform to the requirements of sign panels for stationary mounted sign 7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton dl
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used dl
hours of darkness. Size, color, and legend requirements for portable signs shall be as des(
stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Sign
height to the bottom of the sign panel above the edge of traveled way shall be at least 0.
parts of the sign standard or framework shall be finished with 2 applications of an orang6
which will match the color of the sign panel background. Testing of paint will not be req
portable signs are displaced or overturned, from any cause, during the progress of the c
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 Con
and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contra
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than I
delineators are used during the hours of darkness, they shall be affixed or covered with 1
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment M
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be n
from the closest approach of any part of the equipment as it is operated and/or maneL
performing the work. This requirement may be waived when the Engineer has givei
authorization to the reduction in clearance that is specific to the time, duration and locatior
waiver or for the work of installing, maintaining and removing traffic control devices. As a I
of such waiver the Engineer may require the Contractor to detour traffic, adjust the wid
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 trave
including any section closed to public traffic. Whenever vehicles or equipment are parke
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescc
cones or portable delineators placed on a taper in advance of the parked vehicles or equipr
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet pas1
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shali
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mo
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engii
construction traffic control devices shall be maintained in good order and according to
throughout the duration of work. During construction, a minimum of two paved traffic lanes,
than twelve (12) feet wide, shall be open for use by public traffic in each direction of travei.
residential streets where street width may prevent two through lanes in each direc
Contractor may close through traffic to one twelve (12) foot lane during paving operations
the prior approval of the Engineer. Flaggers shall be used to control the alternate direction
one twelve (12) foot lane. Flaggers must be in place and visible to oncoming traffic at
when only one through lane is allowed.
Contractor shall maintain two twelve (12) foot lanes open for use by public traffic in both c
at all times on Carlsbad Village Drive.
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e= ti? 1/08/98 Contract No. 3558-1 Page 58 of 7
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Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of clos
traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual of Tra
Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Spec
Provisions. The provisions in this section will not relieve the Contractor from its responsibility
provide such additional devices or take such measures as may be necessary to maintain put
safety .
When lanes are closed for only the duration of work periods, all components of the traffic con'
system, except portable delineators placed along open trenches or excavation adjacent to . traveled way, shall be removed from the traveled way and shoulder at the end work period. If
Contractor so elects, said components may be stored at selected central locations, approved by
Engineer, within the limits of the right-of-way.
Add the following section: 7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic strip
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Coni
System for Lane Closure" of these Special Provisions or by use of an alternative traffic control p
proposed by the Contractor and approved by the Engineer. The Contractor shall not start tra
striping operations using an alternative plan until he has submitted its plan to the Engineer and b
received the Engineer's written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall
furnished, placed, maintained and removed in accordance with the minimum standards specified
Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the WI
causes obliteration of pavement delineation, temporary or permanent pavement delineation shall
in place prior to opening the traveled way to public traffic. Lane line or centerline pavemi
delineation shall be provided at all times for traveled ways open to public traffic. All work necessa
including any required lines or marks, to establish the alignment of temporary pavement delineati
shall be performed by the Contractor. When temporary pavement delineation is removed, all lir
and marks used to establish the alignment of the temporary pavement delineation shall be remob
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mater
Temporary pavement delineation shall not be applied over existing pavement delineation or ott
temporary pavement delineation. Temporary pavement delineation shall be maintained u
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, 1
temporary pavement delineation conflicts with the permanent pavement delineation or with a n traffic pattern for the area and is no longer required for the direction of public traffic. Wh
temporary pavement delineation is required to be removed, all lines and marks used to establ
the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Traffic Control Plan Sheets. The Contractor shall submit Traffic Control Plans (TCP)
the Engineer's review for all construction activities on Carlsbad Village Drive. The Contractor mi
obtain the Engineer's approval of the TCP prior to implementing them. The Engineer may choose
modify, add to or supplement the TCP. The level of detail, format, and graphics shall be
reasonable quality and a size no less than a scale of 1" = 100'. All expenses and time to prep:
and review modifications, additions, supplements and/or new designs shall be included in the lur
sum bid for traffic control. Such modifications, supplements and/or new design shall meet I
em a@ 1/08/98 Contract No. 3558-1 Page 59 of 71 Page
requirements of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by t
of California Department of Transportation and of the Engineer. Such design shall be prepa
professional engineer appropriately registered in the State of California. The Engineer sha
sole judge of the suitability and quality of any modifications, supplements, and/or new desig
Engineer may approve any modifications, supplements, and/or new designs to the traffic
plans when, in hidher sole opinion, such modifications, supplements, and/or new desigr
traffic control plans prepared by the registered engineer retained by the Contractor will be b
to the best interests of the Agency. Such modifications, additions, supplements, anc
designs shall not be implemented and no work shall be commenced that is contingent
approval until the changed traffic control plans are approved by the Engineer. The prepar
modifications, additions, supplements, and/or new designs shall not presuppose their apr
obligate the Agency in any fashion. Submittal and review requirements for such modii
supplements, and/or new designs shall conform to the requirements of section 2-5.3 Shop C and Submittals.
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum F
The contract lump sum price paid for "traffic control" shall include full compensation for furni
labor (including flagging costs), materials (including signs), tools, equipment and incidentals
doing all the work involved in preparation, reproduction and changing of traffic control plans,
applying traffic stripes and pavement markers with bituminous adhesive, removing,
maintaining, moving to new locations, replacing, and disposing of the components of tt
control system as shown on the plans and approved additions and modifications, as spc
these special provisions, and as directed by the Engineer. Flagging costs will be paid for :
of the Lump Sum Amount for "Traffic Control." When included as a bid item the cost of I:
material for portable concrete barriers will be paid for at the price bid. When there is no bid
cost of labor and material for portable concrete barriers they will be paid as an incidental to
being performed and no additional payment will be made therefor. Progress payment fo
Control" will be based on the percentage of the improvement work completed.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all nt
precautions for the safety of employees on the work and shall comply with all applicable pi
of Federal, State and Municipal safety laws and building codes to prevent accidents or
persons on, about, or adjacent to the premises where the work is being performed. The Cc
shall erect and properly maintain at all times, as required by the conditions and progre2
work, all necessary safeguards for the protection of workers and public, and shall use dans
warning against hazards created by such features of construction as protruding nails, hoi
holes, and falling materials.
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SECTION 9 - MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mo
Engineer will make an approximate measurement of the work performed to the closure
basis for making monthly progress payments. The estimated value will be based on conti
prices, completed change order work and as provided for in Section 9-2 of the S
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend
after the closure date. Five (5) working days following the closure date, the Engine
complete the detailed progress pay estimate and submit it to the Contractor for his inforr
Should the Contractor assert that additional payment is due, the Contractor shall within i
days of receipt of the progress estimate, submit a supplemental payment request to the E
with adequate justification supporting the amount of supplemental payment request. Upon 0
e* ts 1/08/98 Contract No. 3558-1 Page 60 of 7
of the supplemental payment request, the Engineer shall, as soon as practicable after recei
determine whether the supplemental payment request is a proper payment request. If t
Engineer determines that the supplemental payment request is not proper, then the request sh
be returned to the Contractor as soon as practicable, but not later than seven (7) days after receii
The returned request shall be accompanied by a document setting forth in writing the reasons w the supplemental payment request was not proper. In conformance with Public Contract Coc
Section 20104.50, the City shall make payments within thirty (30) days after receipt of ,
undisputed and properly submitted supplemental payment request from the Contractor. If payme
of the undisputed supplemental payment request is not made within thirty (30) days after receipt
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set foi
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 sh
retain 10 percent of such estimated value of the work done and 10 percent of the value of materi:
so estimated to have been furnished and delivered and unused or furnished and stored
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at a
time after 20 percent of the work has been completed, if the Engineer finds that satisfactc
progress is being made, the Agency may reduce the total amount being retained from payme
pursuant to the above requirements to 5 percent of the total estimated value of said work ai
materials and may also reduce the amount retained from any of the remaining partial payments
5 percent of the estimated value of such work and materials. In addition, on any partial payme
made after 95 percent of the work has been completed, the Agency may reduce the amou
withheld from payment pursuant to the requirements of this Section to such lesser amounts as tl
Engineer determines is adequate security for the fulfillment of the balance of the work and 0th
requirements of the contract, but in no event will said amount be reduced to less than 125 perce
of the estimated value of the work yet to be completed as determined by the Engineer. Suc
reduction will only be made upon the written request of the Contractor and shall be approved
writing by the surety on the Performance Bond and by the surety on the Payment Bond. Tt
approval of the surety shall be submitted to the Engineer; the signature of the person executing tt
approval for the surety shall be properly acknowledged and the power of attorney authorizing hi
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, i
Engineer will make a Final Payment Estimate and process a corresponding payment. This estim,
will be in writing and shall be for the total amount owed the Contractor as determined by i
Engineer and shall be itemized by the contract bid item and change order item with quantities E
payment amounts and shall show all deductions made or to be made for prior payments 2
amounts to be deducted under provisions of the contract. All prior estimates and progress paymel
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 m2
written statement disputing any bid item or change order item quantity or payment amount. 1 Contractor shall provide all documentation at the time of submitting the statement supporting
position. Should the Contractor fail to submit the statement and supporting documentation wit1
the time specified, the Contractor acknowledges that full and final payment has been made for
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, 1
Engineer will review the disputed item within 30 calendar days and make any appropri: adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by 1
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
em %# 1/08/98 Contract No. 3558-1 Page 61 of 71 Page
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascc
basis and amount of said claims. The Engineer will consider and determine the Contractor
and it will be the responsibility of the Contractor to furnish within a reasonable time suc
information and details as may be required by the Engineer to determine the facts or COI
involved in its claims. Failure to submit such information and details will be sufficient c
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9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittc
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire prc
claim will be considered that was not included in this written statement, nor will any claim bc
for which written notice or protest is required under any provision of this contract including
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.d
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has corny:
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascc
basis and amount of said claims. The Engineer will consider and determine the Contractor
and it will be the responsibility of the Contractor to furnish within a reasonable time suc information and details as may be required by the Engineer to determine the facts or COI
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written stat
further information, whichever is longer, for those claims approved by the Engineer. The C
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho:
remaining in dispute.
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Type of Construction
All Concrete Used Within the Right-of-way (1)
Trench Backfill Slurry
Street Light Foundations and Survey
Monuments
Concrete Maximum
Class Slump (Inches)
560-C-3250 (2) (3)
190-C-250 5
560-C-3250 4
SECTION 210 - PAINT AND PROTECTIVE COATINGS
m ' 210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, c
and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. 8010
Paint for pavement legends, pavement symbols, pavement arrows, cross walks, park
markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specific:
8010-21C-19. Glass beads to be applied to the surface of the rapid dry water borne pain1
molten thermoplastic material shall conform to the requirements of CALTRANS Specific:
801 0-21 C-22 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic
and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Bo
Sacramento, CA 9581 9, telephone number (91 6) 227-7000.
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SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS.
Add the following section:
212-1.8 Root Barriers. Root barriers shall be no less than 19.5 inches in width. Roo1
shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hic
971 38, (Phone 615-847-7000), and no substitutes will be accepted. Contractor shall subr
Engineer a sample of root barrier with manufacturers specifications 14 days before any pl I for approval.
4- t? 1/08/98 Contract No. 3558-1 Page 64 of 7
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SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1 .I General. add the following: During surface clearing operations, the Contractor shall I
cover or bury any plant growth or other objectionable materials. If the Contractor can1
successfully separate the plant growth from the surface soil and advertently or inadvertently mir
plant growth or other objectionable materials with the surface soil, the Contractor shall remove 1
contaminated soil from the site at its cost. All costs, if any, associated with removing the soil mix
with plant growth or other objectionable materials and importing soil to replace said contaminal
soil shall be borne by the Contractor and no additional payment therefor shall be made to 1
Contractor.
300-1.3 Removal and Disposal of Materials.
Delete subsection 300-1.3.1 and replace with the following:
300-1.3.1 General. Also included in clearing and grubbing shall be removal and disposal 1
existing street poles and lights, fences, asphalt concrete and aggregate base, concrete curb ar
gutter, concrete sidewalk, existing gate, existing abandoned underground pipes and conduit
traffic signs, and other existing features which interfere with the roadwork, whether or not suc
items are called out on the plans or in the specifications for removal. Tree removal shall incluc
removing the tree stump and roots greater than 0.1’ in diameter to a depth of 21” below grade fc
curb. All concrete and bituminous materials removed shall be disposed of at a legally permittc
landfill or recycling site.
Delete subsection 300-1.3.2(a) and replace with the following:
300-1.3.2(a) Bituminous Pavement. Bituminous pavement shall be removed to straigh
sawcut lines. Unless otherwise shown on the plans, A.C. shall be sawcut 2’ from the lip of guttt
and removed where curb and gutter or cross gutter is designated to be removed and replaced.
Delete subsection 300-1.3.2(c) and replace with the following:
300-1.3.2(c) Concrete Curb, Walk, Gutters, Cross-Gutters. Drivewavs. and Alle
Intersections. Concrete curb, curb and gutter, and sidewalk shall be removed between th
limits shown on the plans which shall coincide with the nearest existing weakened plane joint (
score line. The joint shall be sawed if necessary before removing concrete to prevent damage 1
adjacent improvements. If the adjacent curb, curb and gutter or sidewalk is damaged during th
removal process, it shall be removed to the nearest joint outside the damaged area and replaced i
the Contractor’s expense.
To subsection 300-1.4, add the following:
Clearing and grubbing included in the price bid for other items shall adhere to provisions as set foi
in section 300-1 of the Standard Specifications, as well as the provisions outlined for that item.
em GS 1/08/98 Contract No. 3558-1 Page 65 of 71 Page5
300-2 U N C LASS1 FI ED EXC AVATl 0 N
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as part of the work appurtenant to the excavation and no additional payment will be made tt- I 300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section
“Compaction”, areas proposed for improvements all fill (including backfill and scarifiec
surfaces) shall be compacted to no less than 90 percent of maximum dry density as deter
accordance with ASTM Test Procedure Dl 557-91.
300-4.6 Application of Water. add the following: All fill soil shall be placed at a moistun
no less than one (1) percent below optimum moisture per ASTM test D-1557.
300-4.7 Compaction. add the following: Fill soils placed within the top 1 foot of
subgrade shall be compacted to a minimum of 95 percent relative compaction. On all
receive planting, the top 6” shall be compacted to 85% to allow for plant growth.
300-4.9 Measurement and Payment. delete and substitute the following: Unclas:
grading, shaping, compacting or consolidating, slope rounding, construction of transition:
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a p;
work appurtenant to the fill, and no additional payment will be made therefor.
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SECTION 301- TREATED SOIL, SUBGRADE PREPARATION,
AND PLACEMENT OF BASE MATERIALS 1 ’ 301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade. add the following: The Contractor shall scarify,
condition and recompact the portion of subgrade 12 inches below the aggregate structural s
the street as an integral part of the street section (structural section and typical section) TI
12 inches of subgrade beneath paved areas shall be compacted to no less than 95
maximum dry density (ASTM-1557)
301-1.7 Payment. add the following: Payment for subgrade preparation shall be includc
contract bid price for each contract item where preparation of subgrade is required, E
include all labor, materials; including water, operations and equipment to scarify, adjust r
compact or recompact the subgrade, both in cut areas and in fill areas, and no further comp
will be allowed.
SECTION 302- ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
To subsection 302-5.2.1 add the following:
Abutting the gutter, A.C. shall be cold milled to a depth that is 0.13’ lower than the lip of gut
Contractor shall remove all annular sections of asphalt concrete that typically remains afte
to produce a clean angle between the face of gutter and milled surface. Additional millin{
required in transition areas from curb and gutter to curb only. Cold milling shall not ber
concrete work is completed and has cured for seven (7) days. 0
e- p,s 1/08/98 Contract No. 3558-1 Page 66 of 7
To subsection 302-5.2.4 add the following:
All traffic signal loop detectors which have been removed or broken during cold milling operatior
shall be replaced immediately after cold milling and before the A.C. overlay is constructed. I
traffic signal loop detectors shall be Type E Loop Detectors per Caltrans Standard Plan ES-5B.
To subsection 302-5.2.6 add the following:
Payment for cold milling shall be per lineal foot and no adjustment in price will be made for varyir
A.C. thickness. No payment will be made for cold milling A.C. pavement adjacent to curb ar
gutter that has been replaced under this contract.
302-5.5 Distribution and Spreading. modify as follows After second sentence of si:
paragraph, add: The spreading and finishing machine used to construct the asphalt concrc
surface course shall be equipped with an automatic screed control for surface course paving. 1
automatic screed control shall be 30 feet minimum length. The paving machine shall be operated
an operator and two full-time screed men during all paving. A backup paving machine will be on:
during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be required
all times when a ASPWP is used. Additionally, a front end loader will be required during all ASPL
paving. Leveling courses will be required in a variable thickness pavement section.
Add the following: Asphaltic concrete overlay shall only be applied when existing pavement
clean and dry. Contractor shall remove any weeds or organic matter prior to application of ne
A.C. overlay.
To subsection 302-5.5 add the following:
The Contractor shall not be required to use a self propelled spreading machine when placing A.(
in the 2' slot adjacent to new curb or new curb and gutter. In these areas the A.C. shall be place
in maximum 0.25' loose lifts and compacted to the density specified in subsection 302-5.6.2.
areas to be overlaid, the compacted A.C. shall be no higher than 0.10' below the lip of gutter. Tt
Contractor shall grind, at its expense, A.C. not placed to the correct elevation.
302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolli
procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwi
directed by the Engineer.
Modify as follows: Unless directed otherwise by the Engineer, t
initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this Section.
To subsection 302-5.8 delete the first paragraph and replace with the following:
When placing the A.C. overlay the Contractor shall pave over all appurtenances in the roadw
which include sewer manhole covers, water valve boxes, air vents, sewer dead end boxes, a
survey monument boxes. Each appurtenance shall be treated to prevent adhesion of the A overlay. Each appurtenance shall be located immediately after the A.C. overlay is placed and st
be thoroughly cleaned of any and all construction debris which may have entered due to t
Contractor's operation. The Contractor shall adjust each appurtenance to finished grade F
appropriate SDRSD and City of Carlsbad Municipal Water District standard drawings a
specifications. Riser rings or extensions shall not be used for the adjustment of the
appurtenances.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be
the unit price bid per ton. No additional payment shall be made for any tack coat.
After last paragraph, add:
*w ts 1/08/98 Contract No. 3558-1 Page 67 of 71 Page!
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SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSE(
ACCESS RAMPS, AND DRIVEWAYS.
Add the following section:
303-5.1.4 Access Ramps (Pedestrian Curb Ramps) and Cross Gutter.
Pedestrian curb ramps and cross gutter shall be constructed per the appropriate Sa
Regional Standard Drawing as indicated on the Plans. Transitions from ramps to walks, gi
streets shall be flush and free of abrupt vertical changes in excess of % of an inch. Contra(
ensure that finish shall be free of any form of graffiti.
Construction of access ramps and cross gutter shall also include removal of PCC, sawc
existing PCC, cold milling of existing AC, and replacement of any necessary AC rem
construction.
To subsection 303-5.9, add the following:
Payment for access ramps and cross gutter shall include full compensation for any
excavation or backfill, disposal of roots, fill or any other material, compaction of SI
sawcutting and cold milling, Class 560-C-3250 PCC, as well as furnishing all labor, tools, I
and equipment necessary for doing the work, and shall be considered as included in the
unit price bid per each for access ramps and per square foot for PCC cross gutter and no E
compensation will be allowed therefor.
’ e
Do SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATI01
Add the following section:
308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers.
installation of new curb and gutter, root barrier shall be installed adjacent to new curb an
sidewalk, or access ramps where existing roots have caused uplifting. Root barrier shall be
a minimum of five (5) feet beyond both sides of root causing uplift or as directed by the Engi
Furnish and Install Root Barrier shall include full compensation for the following:
1.
2.
3.
4. Pruning roots.
5.
6.
Any required excavation or backfill.
Disposal of removed roots, fill, or any other material.
Compaction of material around barriers.
Furnishing and installing root barrier.
Rerouting existing sprinkler lines as required.
as well as furnishing all labor, tools, materials and equipment necessary for doing the work
considered as included in the contract unit price bid and no additional compensation will be
therefor. Roots shall be sealed prior to installation of root barrier with root sealer approve
Engineer. Roots shall be pruned to a depth of 21” below grade, under the supervisic
Engineer.
*w PIS 1/08/98 Contract No. 3558-1 Page 68 of 7
I.
SECTION 310 - PAINTING
310-1 GENERAL.
31 0-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delete Secti
31 0-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall conform
the Plans; the State of California Traffic Sign Specifications; the State of California Department
Transportation Standard Specifications, January 1995, Sections 56, 82, 84, and 85; only insofar
they relate to construction materials and methods and the State of California Department
Transportation Traffic Manual, all as supplemented and modified herein. All requirements of Part:
of the SSPWC and these Special Provisions shall remain in full force and shall not be supersed
by the CALTRANS Standard Specifications.
Add the following section:
31 0-5.6.5 Traffic Stripes and Pavement Markings. Traffic stripes and pavement markings
indicated and required shall conform to the requirements specified in CALTRANS Stand:
Specifications Section 84 only insofar as they relate to construction materials and methods, a
except:
a) The Contractor shall lay out (cat track) immediately behind installation of surface course asph
and as the work progresses. The first coat of paint shall be done immediately upon approval
striping layout by the Engineer.
b) The Contractor shall provide all materials required for execution of the work.
c) Delete all references to measurement and payment.
d) Pavement striping and marking shall be applied in two coats, a minimum of seven days ap2
existing raised pavement markers shall be removed and new raised pavement markers shall
installed; temporary striping shall be applied in one coat minimum.
e) Existing pavement markings in conflict with the plans shall be removed by grinding by t
Contractor.
f) Contractor shall paint end of median noses yellow.
31 0-5.6.1 0 Payment. modify as follows: Final striping, curb markings, signage, removing and installing pavement markings and traffic sig
as indicated and required shall be included in the lump-sum price bid for final striping, and
additional compensation will be allowed therefor. The lump sum prices bid shall include all labc
tools, equipment, materials, and incidentals for doing all Work in installing the traffic striping.
310-5.8 Markers and Delineators. Markers and delineators shall conform to the materials a
installation requirements specified in CALTRANS Standard Specifications Section 82.
Add the following section:
31 0-6 TEMPORARY TRAFFIC SIGNING, STRIPING, PAVEMENT MARKINGS AND PAVEMEF
MARKERS, AND TEMPORARY RAILING (TYPE K).
Add the following section:
31 0-6.1 General. Temporary pavement delineation consisting of temporary traffic stripe
temporary pavement markings, and temporary pavement markers shall be applied at the locatio
shown on the plans. The temporary traffic stripe, temporary pavement marking, and temporz
pavement markers shall be complete in place at the location shown, prior to opening the travelc
way to public traffic. Temporary traffic stripes shall be applied in one coat. Temporary traffic strip1
shall be maintained by the Contractor so that the stripes are clearly visible both day and nigl
Reapplication of the stripes and markings shall be repainted at the Contractor's expense.
4- %@ 1/08/98 Contract No. 3558-1 Page 69 of 71 Pages
Except as otherwise provided below, temporary pavement markers shown on the plans sh<
the option of the Contractor, either of the following removable type temporary reflectiv
pavement markers or equal:
TFPM, manufactured by DAPCO Davidson Plastics Company, 18726 East Valley Highw:
Washington 98032, Telephone (206) 251 -81 40.
Stimsonite Chip Seal/Temporary Overlay Market (Models 300 and 301), manufactured by
Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (61 9) 292-577:
Temporary pavement markers shall be placed in accordance with the manufacturer's inst
Temporary pavement markers shall be cemented to the surfacing with the adhesive recorr
by the manufacturer, except epoxy adhesive shall not be used to place temporary p
markers in areas where removal of the markers will be required.
Pavement striping, legends and markers which conflict with any traffic pattern shall be rem
grinding as determined by the Engineer.
The Contractor may use reflective pavement markers for temporary pavement markers
when the temporary pavement markers are used to replace patterns of temporary traff
Reflective pavement markers used in place of the removable-type pavement markers shall
to the section entitled "Pavement Markers" of these special provisions, except the 14-da:
period before placing the pavement markers on new asphalt concrete surfacing as spc
Section 85-1.06, "Placement", of the CALTRANS Standard Specifications shall not apply; ai
adhesive shall not be used to place pavement markers in areas where removal of the ma
be required. Reflective pavement markers used for temporary pavement markers will be pz
temporary pavement markers.
Add the following section:
310-6.1 .I
plans will be paid for as a part of the lump-sum cost for traffic control.
The lump-sum contract price paid for traffic striping and markings shall include full compen:
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work in
applying, maintaining, and removing temporary traffic stripes and pavement markings, cot
place, as shown on the plans, as specified in the Standard Specification and these
provisions, and as directed by the Engineer.
Full compensation for furnishing, placing, maintaining, and removing the temporary reflectii
pavement markers, used for the temporary laneline and centerline delineation which is nc
on the plans, including the signing specified for "no passing" zones; and for providing e
patterns of the permanent traffic lines when required; shall be considered as included in t
sum prices paid for that item of work.
Add the following section:
310-6.3 Signing. Signing for temporary traffic control shall conform to the following requirc
Add the following section:
310-6.3.1 General. The Contractor shall provide and install all temporary traffic contr
markers, markings, and delineators at locations shown on plans and specified herein.
Add the following section:
310-6.3.4 Payment. All costs for signing for temporary traffic control shall be included in t
sum price bid for traffic control, and no additional compensation will be allowed therefor.
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em \# 1/08/98 Contract No. 3558-1 Page 70 of 7
RESIDENT NOTIFICATION EXAMPLE
0
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (76O)XXX-XXXX
FIELD # (76O)XXX-XXXX
As a part of the City of Carlsbad’s ongoing program to
Dear resident:
maintain its streets, your street will be resurfaced with asphalt
concrete over the existing roadway surface. This construction will
require the closing of your street to through traffic for one day. Your
street, from XYZ st. to XYZ st. will be closed to through traffic and
resurfaced on:
MON TUES WED THUR FRI
DATE:
from 7:OOA.M. to 500 P.M.
above date please park your car on an adjacent street in your
neighborhood that will not be resurfaced. Streets scheduled for
resurfacing can be determined by calling either the contractor or the
city of Carlsbad’s Engineering Inspection Department. When walking
to and from your car, remember not to walk on the newly overlaid
street or you will have black residue on the bottom of your shoes.
Please do not drive, walk on, walk pets, play, or skate on the newly
overlaid asphalt. Also, please refrain from watering your lawns,
washing cars, etc., approximately 6-8 hours after the asphalt is laid
as running water will cause damage to the new surface.
work for the city and you may call them at
(76O)XXX-XXXX if you have any questions regarding the project.
Resurfacing of your street will not occur on the day your trash is
collected. Mail delivery may be delayed if the postman cannot reach
the mailbox that day. If you have a moving company scheduled for
that day please call and inform the Contractor of the date. If you
have any concerns which cannot be addressed by the Contractor,
If you don’t plan to leave your home by 7:OO A.M. on the
ABC is the contractor that will be performing the resurfacing
-__.
CONSTRUCTiOf
1996 N0RTHEAS.T QUADRANT
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