HomeMy WebLinkAboutSaf-T-Seal DBA Schaefer's Parking Lot Service; 1997-09-09; 3527-SRecording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JAN 15% 1998 3231 Al"
OFFICIflL AEWRDS SAN DIEGO COUNTY RECDRDEH'S OFFICE EGORY J. SMITHY COUNTY RECORDER 303 FEES: 7.00
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1997 STREET
SEALING PROJECT
CONTRACT NO. 35274
SAF-T-SEAL dba Schaefer's Parking Lot Service
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San Die
California
CONTRACT I) L
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997 ST
May 1,1997
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(3 2/26/97 Contract No. 352743 Page 1 of 66Pages
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TABLE OF CONTENTS
Paae a"" NOTICE INVITING BIDS 4 ............................................................................................................
CONTRACTORS PROPOSAL .................................................................................................. 7
BID SECURITY FORM ............................................................................................................ 11
BIDDER'S BOND TO ACCOMPANY PROPOSAL ................................................................... 12
GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR &
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ........................................ 14
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID .......... 16
DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER
OPERATOWLESSOR WORK ................................................................................................ 17
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. 18
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................. 19
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY. EMPLOYERS'
LIABILITY. AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ........................... 20
BIDDER' S STATEMENT OF RE-DEBARMENT ...................................................................... 21
BIDDERS DISCLOSURE OF DISCIPLINE RECORD 22
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ............................................................................... 24
CONTRACT PUBLIC WORKS ................................................................................................. 25
LABOR AND MATERIALS BOND ............................................................................................ 31
FAITHFUL PERFORMANCEWARRANTY BOND ................................................................... 33
REPRESENTATION AND CERTIFICATION ............................................................................ 35
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ................................................................ 36
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1. GENERAL PROVISIONS ............................................................. 39
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
'OR PUBLIC WORKS CONSTRUCTION PART 2. CONSTRUCTION MATERIALS .............. 59 ab
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TABLE OF CONTENTS
(continued)
.SUPPLEMENTAL PRovisioNs To STANDARD SPECiFiCATiONS FOR PUBLIC WORKS
CONSTRUCTION PART 3, CONSTRUCTION METHODS .................................... .................. 60
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES ......... 63
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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 Carlsbad Villa
Carlsbad, California 92008-1989, until 4:OO P.M. on the 12th day of June, 1997, at which tine th
opened and read, for performing the work as follows:
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1997 STREET SEALING PROJECT
CONTRACT NO. 35274
The work shall be performed in strict conformity with the specifications as approved by the City 1
the City of Carlsbad on file with the Engineering Department. The specifications for the work ir
Standard Specifications for Public Works Construction (1 997 Edition), all hereinafter designated
as issued by the Southern California Chapter of the American Public Works Association and as
by the special provisions sections of this contract. Reference is hereby made to the specificatic
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractor
recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddin
contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in th
California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Dei
Each bid must be accompanied by security in a form and amount required by law. The bidder’s :
the second and third next lowest responsive bidders may be withheld until the Contract has
executed. The security submitted by all other unsuccessful bidders shall be returned to them, c
void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public
Code section 10263), appropriate securities may be substituted for any obligation required by thi:
for any monies withheld by the City to ensure performance under this Contract. section 10263 of
Contract Code requires monies or securities to be deposited with the City or a state or federally
bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negl
and omissions of the agent in connection with the handling of retentions under this section in an a
less than $1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, properly exe
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 10. Bidder’s Disclosure of Discipline Rec
4. Designation of Subcontractors and Amount of 11. Purchasing Department Representa
Subcontractor Bid Certification
5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for Security De
Amount of Owner Operator/Lessor Work (optional, must be completed if thc
6. Bidder’s Statement of Financial Responsibility wishes to use the Escrow Agreer
7. Bidder’s Statement of Technical Ability and security
Experience a
4- r,# 2/26/97 Contract No. 3527-S Page 4 of
All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estir
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 d:
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 si
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 Pur
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabl
$1 5.00 per set. If plans and specifications are to be mailed, the cost for postage should be i
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregu
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 section
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curre
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to wt
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.
The Prime Contractor shall be responsible for insuring compliance with provisions of section
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettii
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
purposes of section 41 07 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall i
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 indic
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy I:
words and figures, the words shall prevail. In case of an error in the extension of a unit pr
corrected extension shall be calculated and the bids will be computed as indicated abc
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and t!
written in with ink and must be initialed in ink by a person authorized to sign for the Contract0
Bidders are advised to verify the issuance of all addenda and receipt thereof one day I
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection (
Bonds to secure faithful performance and warranty of the work and payment of labore
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent
respectively, of the Contract price will be required for work on this project. These bonds :
kept in full force and effect during the course of this project, and shall extend in full force an1
0 $348,000.00.
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and be retained by the City until they are released as stated in the Special Provisions sectio
contract. All bonds are to be placed with a surety insurance carrier admitted and autho
transact the business of insurance in California and whose assets exceed their liabilitie
amount equal to or in excess of the amount of the bond. The bonds are to contain the f
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 in
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual staterr
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
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 Ke)
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insui
the State of California by the Insurance Commissioner. Auto policies offered to m
specification of this contract must: (1) meet the conditions stated above for all insurance cor
and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, 1
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a c
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 \
The Contractor shall be required to maintain insurance as specified in the Contract. Any ac
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 submit
required bonds and insurance, as described in the contract, within twenty days of bid openin
Contractor fails to comply with these requirements, the City may award the contract to the se
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 valid
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 97-442, i
on the 1 !jth day of April, 1997.
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0 compensation insurance.
Date- '
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CITY OF CARLSBAD - - 3 1- e CONTRACT NO. 35274
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares heishe has carefully examined the location of the work, read the I
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda theretc
hereby proposes to furnish all labor, materials, equipment, transportation, and services requi
do all the work to complete Contract No. 3527-S in accordance with the Plans, Specificx
Special Provisions and addenda thereto and that he/she will take in full payment therefc
following unit prices for each item complete, to wit:
Item Quantity Unit - No. DescriDtion and Unit - Price - Total
1 Traffic Control at LS LumpSum $3,400.00
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Approximate
Three Thousand
Four Hundred 0 Dollars (Lump Sum)
2 Rubberized Street Sealing 313,000 SY 98C $306,740.00
at
Ninety-Eiqht Cents 4 Dollars per Square Yard 3 3 Striping at LS Lump Sum $70 , 41 7.00
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Seventy Thousand Four
Hundred Seventeen
Dollars (Lump Sum)
SDRSD M19 at
Eiqht
Dollars Each
4 Raised Pavement Markers per 425 EA $ 8.00 $3,400.00
Total amount of bid in words: Three hundred eiqhty three thousand nine hu
fifty seven doll Total amount of bid in numbers: $ 3 83 ,9 5 7 . 0 0
0
I a Price(s) given above are firm for 90 days after date of bid opening.
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d Addendum(a) No@). 1 (One) hadhave been received and idare included ir $1 The proposaL Undersigned has carefully checked all of the above figures and understands that the Cit
not be responsible for any error or omission on the part of the Undersigned in preparing this bid
The Undersigned agrees that in case of default in executing the required Contract with new
bonds and insurance policies within twenty (20) days from the date of award of Contract by thc
Council of the City of Carlsbad, the City may administratively authorize award of the contract t
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 licensed
business or act in the capacity of a contractor within the State of California, validly licensed
license number 2 5 8 8 5 7 , classification p-1 7 8 r - 2 3 which expir
6 / 1 2 / 9 7 , and that this statement is true and correct and has the legal eff
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant 1
Business and Professions Code shall be considered nonresponsive and shall be rejected by th 9 7028.15(e). In all contracts where federal funds are involved, no bid submitted sh;
invalidated by the failure of the bidder to be licensed in accordance with California law. Howel
the time the contract is awarded, the contractor shall be properly licensed. Public Contract C
§ 20104.
The Undersigned bidder hereby represents as follows: a 0 1. That no Council member, officer agent, or employee of the City of Carlsbad is per5
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; t
representation, oral or in writing, of the City Council, its officers, agents, or employees has in(
himlher to enter into this Contract, excepting only those contained in this form of Contract ai
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a I
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is BID BOND (Cash, Certified Check,
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires
employer to be insured against liability for workers' compensation or to undertake self-insura
accordance with the provisions of that code, and agrees to comply with such provisions
commencing the performance of the work of this Contract and continue to comply until the u
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, I
to the general prevailing rate of wages for each craft or type of worker needed to exec!
Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR~OLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State
3
-!
]-a
(Street and Number)
3 (4) Zip Code Telephone No.
3 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 madc
general partner)
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111
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(3) Place of Business
City and State
(Street and Number)
4. (4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted SAF-T-SEAL dba Schaef er ' s Parkil
President
(Title)
Impress Corporate Seal he
n
(3) Incorporated under the laws of the State of California
(4) Place of Business 7202 Peterson Lane
(Street and Number) I City and State -t i Ca iJ a fornia
0 (5lZiPCode90723 TelephoneNo. (562) 634-3164
em # 6p 2126197 Contract No. 35274 Page 9 of 61
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NOTARIAL ACKNOWLIDGMENT OF EXECUTION BY ALL SfGNATORIEnUST 3 ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporatior
partnership, list names of all general partners, and managing partners:
Gayle L. Schaefer President
Stan Wheel
31 a
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Preqident a Joe Orello ViPg Prount -
Shirley Sowell SP PYP t a T-17
Mary J. Schaefer
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May 16,1997
ADDENDUM NO. 1
CONTRACT NO. 35274 -- 1997 SLURRY SEAL PROJECT
Please include the attached addendum in the Notice to Bidder/Request for Bids yc
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/E
when your bid is submitted.
2?tg2ZL&P4
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
0
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
& Bi der’s rn Signature q[L&fl-
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1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 - (61 9) 434-2803 0 FAX (61 9) 434-1 S
BID SECURITY FORM
(Check to Accompany Bid) e
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of C
CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this chec
become the property of the City provided this proposal shall be accepted by the City througt
of its legally constituted contracting authorities and the undersigned shall fail to execute a c
and furnish the required Performance, Warranty and Payment Bonds and proof of ins
coverage within the stipulated time; otherwise, the check shall be returned to the undersignt
proceeds of this check shall also become the property of the City if the undersigned shall w
his or her bid within the period of fifteen (15) days after the date set for the opening thereof,
otherwise required by law, and notwithstanding the award of the contract to another bidder.
e
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the fc
pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of I
amount of the bid.)
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BIDE-RS BOND TO ACCOMPANY PROPOSAL -
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KNOW ALL PERSONS BY THESE PRESENTS:
That we, Schaefer's Parking Lot Service , as Principal, and Insurance Company of the We
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten Bercent (10%) of the bid amountFen Percent Of amount b* for whict
payment, well and truly made, we bind ourselves, our heirs, executors and administrators
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above
bounden Principal for:
SAF-T-Seal, Inc., DBA:
1997 STREET SEALING PROJECT Contract No. 35274
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into anc
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of saic
award, then this obligation shall become null and void; otherwise, it shall be and remain in full forcc
and effect, and the amount specified herein shall be forfeited to the said City.
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In the event Principakxecuted this bond as an individual, it is agreed that the de* of P
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 12th Executed by SURETY this loth day of June
PRINCIPAL: SURETY:
SAF-T-Seal, Inc. -I
(name of Principal)
By: Gavle L. Schaefer Tustin, CA 92780
t
,1997 . June , 1997 .
2
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t mrSchaeferls Parkinn Lot Service Insurance Company of the West, Q
(name of Surety)
17852 E. 17th Street, Suite 111
1 (address of Surety)
714-832-9900
I
(Title and Organization of Signatory)
By:
(sign here)
Donald L. Wood
(printed name of Attorney-in-Fact)
0 (print name here) (Attach corporate resolution showing ( power of attorney.)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
one officer signs, the corporation must attach a resolution certified by the secretary or as:
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL CiQ P,ttomey
By:
* - P, A9
OINDIVIDUAL(S1
OCORPORATE
OFFICER(S1 ATTENTION NOTARY
(TITLES1 The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
OPARTNER(S) OLlMlTED
DGENERAL
OAlTORNEY IN FACT
0 TRUSTEE IS) THIS CERTIFICATE MUST BE AlTACHED OGUARDIANICONSERVATO
TO THE DOCUMENT
DESCRIBED AT RIGHT
Tile or Type of Document
Date of Document OOTHER: Number of Pages
Signer(s) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Personls) or Entity
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IN3WOQ513lMONU3V 3SOdUnd-llV VINUO
.* . -. InsurGce Company of the West
POWER OF ATTORNEY
HOME OFFICE: SAN DIEGO, CAUFORNIA -0
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation. does hereby ap!
DONALD L WOOD
its true and lawful Attomey(stin-Fad With full power and author!++'. to exearte. on behalf of the Company, fidelity and surety bonds, unc other contra& of suretyship of a similar nature.
This Power of Attorney is granted and is SQned and sealed by faCsImile under the authonty of the following Resolution adopted by the Bo; on the 22nd day of November, 1994. which said Resorution has not been amended or rescinded and of which the following is a true c
"RESOLVED. that the Chairman Of the Board. the President, an Executive Vice President or a Senior Vice President of the Compai them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute c Company, fidelity and surety bonds, undertakings, Or other COfItracts of suretyship of a similar nature: and to attach thereto the seal of
provided however, that the absence of the Seal shall not affect the validity of the instrument.
FURTHER RESOLVED. that the SignatUES Of such Officers and the seal of the Company, and the signatures of any witnesses, the : seal of any notary, and the signatures Of any Officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized o
8th day cf May 1995 , 0 2 ,+owmrF0 2
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INSURANCE COMPANY OF THE WEST
/fi /-. (;Lm /n,
'i :1 ! A 'L %IFQR~* p1.4 J c\
/John I Hannum, Senior Vice President .I @ STATE OF CALIFORNIA
.. ss.
-' I. COUN7Y OF SAN DIEGO
On May 8th. 1995 before me, personally appeared John L Hannum. Senior Vice President of INSURANC OF THE WEST, personally known to me to be the individual and officer who ex-ted the within instrument, and adtnowledged to me tha the same in his official capacity and that by his SigflatUre On the instrument, the corporation, on behalf of which he acted. executed tb
WITNESS my hand and official seal.
CERTl FICATE:
I, E Ham& Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORh me foregoing is a true copy, is still in full force and effect. and that this certificate may be signed by facsimile under the authority af the i resolution.
June IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 10th day of
0 ~** ,. 4
CA(lFO%* E. H med Davis. ce President
INSURANCE COMYANY OF THE WEST
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IC'JV 37
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
a AMOUNT OF SUBCONTRACTORS BID"
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC an
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'IC
Price", "Contract Unit Price", "Engineer", "Subcontractor" and 'Work" and the definitions in
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 ;
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informatic
result in rejection of the bid as non-responsive. Any bid that proposes performance of more ' percent of the work by other than the Contractor's own organization will be rejected i
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to compi
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/Les
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being I
the line of the form must be entered under the column "O/O of item by Sub" or "O/O of Item b!
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portic
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of
item that the Subcontractor or Owner OperatorlLessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The v
materials and transport for materials from sources outside the limits of work, as shown on the
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as th
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included
part of the portion of the work that the Contractor is required to perform with its own organizat
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in tt
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numbe
be entered on the form. If the Subcontractor does not have a valid business license enter "NO
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to F
the required information. The number of additional form pages shall be entered on the firs
page of each type so duplicated.
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*-, r,s 2/26/97 Contract No. 3527-S Page 14 of 66
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure fc
using this option the Bidder must indicate the bid item numbers to which the information in '
pertains. This option may not be used where the subcontractor or Owner OperatorA
constructing or installing less than 100 percent of a bid item. The percentages and dollar a
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 01
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the desi!
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The expli
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment ti
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awarc
contract shall determined by the City Council in conformance with the provisions of the c
documents and these Special Provisions. The decision of the City Council shall be final.
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I Bid Bid Price Oh of Iiem Yo of Total Bid Bld Price a/'B 08 item % 4
Item No. of Item by Sub Contract Item No. of Item bySub Cc
3 70,417 100% 18%
Bid Bid Price % of Item % of Total Bid I Item NO. of Item by0+0 Contract ItemNo.
#
1
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Bid Price %of Item % o
of Item by0+0 Cot
4
BIDDEB'S STATEMENT OF FINANCIAL RESPONSIB~LITY (To Accompany Proposal) I
Copies of the latest Annual Repod, audited financial statements or Balance Sheets m
submitted under separate cover marked CONFIDENTIAL.
I.
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Contract No. 35273 Page 18 of 6t b p,s 2/26/97
SAF-T-SEAL INC.
w- BALANCE SHEET AS OF DECEMBER 3 1,19 9 6
ASSETS 0 CURRENT ASSETS Cash $ 641
Advance To Employees
Accounts Rec-trade 77'
Inventory 2:
Total Current Assets 1,45
PROPERTY AND EQUIPMENT New Building $ 63,636.73
Land 94,443.27
Buildings 610,850.35
Autos & Trucks 562,744.43
Equipment 325,269.88
1,656,944.66 Accumulated Depreciation (9 11,692.00) 74
OTHER ASSETS 1,858,250.00 Covenant Not To Compete Covenant Amortization ( 1,7 3 9,184.24) Organization Costs 638.40
11 e
Total Assets $ 2,31
ki25.
a
***** SEE ACCOUNTANTS' COMPILATION REPORT *****
SAF-T-SEAL INC.
"a BALANCE SHEET AS OF DECEMBER 31, 1996
LLABILITIES AND EQUITY -0 CURRENT LIABILITIES
' Accounts Payable $ 22t
Sales Tax Payable Current Portion-L.T. Debt 11t Insurance Proceeds 295
Total Current Liabilities 64:
LONG-TERM LIABILITIES Note Payable-Covenant $ 546,833.66
Note Payable-Home Bank 486,957.81
Advances From Officers 66,720.69
Const. Loan Officer 204,081.75
Loan From Affiliate 22,724.74
Less Current Portion (1 18,757.29) 1,201
SHAREHOLDERS EQUITY Capital Stock 100,000.00
Treasury Stock (200,000.00) Paid In Excess 271,225.12
Retained Earnings 29 1,155.74 Net Income 112.79 46
$ 2,311 o Total Liabilities and Equity
0
***** SEE ACCOUNTANTS COMPILATION REPORT *****
SM-I-SbAL PNC. .- INCOME STATEMENTS FOR THE PERIODS ENDED DECEMBER 31,1996
1 MONTH ENDED PCT TWELVE MONTHS
SALES $ 118,484.87 100.00 $ 5,003,766.94
COST OF SALES 217,169.29 183.29 4,150,076.23
GROSS PROFIT (98,684.42) (83.29) 853,690.7 1
779,299.66 OPERATING EXPENSES 87,821.09 74.12
INCOME FROM OPERATIONS (186,505.51) (157.41) 74,391.05
OTHER INCOME (EXPENSES)
-0
Misc. Income 428.00 0.36 26,352.69
W/C Ins Refund 1,300.00 1.10 1,300.00
Interest Income 2,47 3.2 1 2.09 7,289.34
Rent - Office 2,000.00 1.69 27,000.00
Rent - Equipment 0.00 0.00 350.00
Rent-Yard 3,000.00 2.53 33,000.00
Interest Expense (6,764.65) (5.71) (109,851.97)
Covenant Amort Exp (4,409.86) (3.72) (52,9 1 8.32) Consultants 0.00 0.00 (6,000.00)
(1,973.30) (1.67) (73,478.26)
IWME BEFORE TAXES (188,478.81) (159.07) 912.79
TAXES ON EARNINGS 0.00 0.00 (800.00)
Net Income $ (188,478.81) (159.07) $ 112.79
0
***** SEE ACCOUNTANTS’ COMPILATION REPORT *****
SAF-T-SEAL INC.
’. INCOME STATEMENTS FOR THE PERIODS ENDED DECEMBER 31,1996
1 MONTH ENDED PCT TWELVE MONTHS
Purchases-Mat’l $ 50,465.01 42.59 $ 1,075,266.27
Delivery & Freight 4,O 19.37 3.39 75,967.18
Mechanic Labor 9,47 7.67 8.00 118,933.82
Productive Labor 66,746.63 56.33 1,029,758.14
Contract Labor 8,474.50 7.15 741,044.09
Payroll Taxes 6,187.64 5.22 134,174.76
Truck Repairs 15,679.92 13.23 297,638.30
Compensation Insurance 5.00 0.00 83,106.00
Laundry 378.27 0.32 13,776.94
Equipment Rent 12,724.17 10.74 151,757.17
Supplies & Small Tools 3,732.87 3.15 53,712.10
Depreciation 1,134.00 0.96 1,134.00
Union Benefits 0.00 0.00 1,067.99
Out Of Town Expenses 0.00 0.00 12,284.92 402.00 0.34 2,617.00 Medical Labor Safety Program 7 1 .OO 0.06 3,930.53 ReimbursdOverpayment 0.00 0.00 ( 1 3,905.24) 37,67 1.24 31.79 367,812.26 Sales Salaries
-0
COST OF SALES
$ 217,169.29 183.29 $ 4,150,076.23
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***** SEE ACCOUNTANTS’ COMPILATION REPORT *****
SAF-T-SEAL INC. .. I. INCOME STATEMENTS FORTHE PERIODS ENDED DECEMBER 31,1996 . I.
1 MONTH ENDED PCT TWELVE MONTHS
1 5,600.00 13.17 $ 82,800.00 92,954.26 Officers’ Salaries $ Office Salaries 8,815.68 7.44 1,573.01 1.33 11,746.6 1 Payroll Tax Expense 0.00 0.00 9,299 .OO Commissions 0.00 0.00 8,618.76 Computer Supplies Computer Programs 2,832.47 2.39 5,508.82
0.00 0.00 2,07 1.08 Computer Repairs Accounting & Legal 513.00 0.43 28,301.32 Advertising 909.65 0.77 24,25 6.7 7 20.00 Depreciation 3,729.00 3.15 20,529.00 400.00
377.06 0.32 5,643.28 Dues & Subscriptions 2,230.42 1.88 2,202.88 Entertainment & Promo Insurance-Gen’l 8,118.44 6.85 106,199.90 28,3 17.93 23.90 193,028.67 Insurance-Group 0.00 0.00 1,456.00 Bid Bonds 85.00 Waste Disposal 0.00 0.00 15,503.53 330.00 0.28 1,605.00 Alarm System Office Expense 5,494.32 4.64 20,785.57 0.00 0.00 5,000.00
ense-Business 0.00 0.00 3,2 15.44 cense-Vehicle 2,268.00 1.91 27,408.00 0.00 0.00 10,597.46 Property Taxes 750.00 0.63 7,02 1.58 Postage Taxes & Licenses 0.00 0.00 4,195.03 Repairs & Maint. 385.45 0.33 19,559.05 Telephone 4,984.14 4.21 43,538.87 592.52 0.50 24,260.3 7 Utilities Employee Reimburse 0.00 0.00 1,488.41
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’OPERATING EXPENSES
Bank Charges 0.00 0.00
Donations 0.00 0.00
EducatiodSeminars 0.00 0.00
@
$ 87,821.09 74.12 $ 779,299.66
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***** SEE ACCOUNTANTS’ COMPILATION REPORT *****
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11/10/95 C itv of Lakewood Carl Brooks Slurry 94 d
(310) 866-9771 of streets
09/22/95 City of Cerritos Frank Gonzales Slurry 32
(310) 860-0311 of streets
08/04/95 City of W. Covina N/A Slurry 65
(818) 814-8425 of streets
08/06/96 City of Carlsbad Tony Alcbfa Slurry Sealing 19
(61 9) 434-2803
Au OWNED AUTOS
SCHEWLED AUTOS
HIRED AUTOS d NONOWNED AUTOS
I
I
OF
MAG€ UABIUTV -
ANY AUTO -
EXCESS UABlW
(SB) 7!l65-O0-64
OTHER THAN UMBRELLA FORM
WaRKERS COMPENSATION AND EMPLOYERS' UABlUTY
D T'HB PROPRIETOR/ INCL WCXO 67 9 3 2 0 8 3 PARTNERSEXECUTIVE OFFICERS ARE MCL
OTHER
' WSCWtlOhl bP O~RATWNS(LOCAT1L/VenlCLESISPEMAL ITEMS
BODILY INJURY lPW Perm1
BODILY INJURY
...
Farocddentl ..
PADPERTY DAMAGE
AUTO ONLY - EA AC(
OTHER THAN AUTO 1
EACH AC
AGGF
EACH OCCURRENCE
AGGREGATE
WC STATU-
m EACH ACCIDENT
04/ 0 I/ 97 04 / 0 X/ 9 8
X (TORY LIMITS I
04 /Dl/ 97 04/ Ol/ 9 8 Et DISEnX - POW
EL D15EA5E - EA EM
08/11/97 10:27 a714 557 4132 WOOD-GU"N INS
- - -
- -- 'e l-!!!!L-&-W .. -z .
WlS &NBURSEMENT CHANGE21 THE POLICY. PLEASE REAP IT CAREFU
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEM
This erKforserncM modifiers insurance pmMed us~dcr mhe folhwfng:
CQMMERCIAL, GENERAL LIABIUTY COVE '?AGE PART
Who IS AN INSURED (Section II) ki amen ,led to 2. The Lim'ki of Insurance applicabla tu include as an insured any wrsfm Or orgaRkatiin :wiled insured are rhasa Specified in the wm
additional insum Warn yau are mcjuired IP adil as an agreement or in the Declarations fc additional Insured cpfl this policy under. whichever are less. These Limits of included within and not In adQitian to lnsumnez shown in the Declarations. q. A written antract or a@mnenC; or
2. An oral eontract ar aarcemerrt where aMiifilmte Qf 3, A personas ,,r organimtionns aatus a5 insured under this endorsement em immm shawing that perscrtr 8f drgrnizalion as
opemtions for that additional an edditlanar insured has been irSued; but
the insurance provided to the additional not apply to 'bodily injuty", 'property dz sonal injury'. or 'advertising injury' arising chfled's, enginecfs, or sumcyafs fen failurn to render any prafasicna\ sewices
t. The preparing, approving, or failing appmvs maps, drawings. aplniam. uaw, change orders, design or specifi
z. sUpe~~ory, inspection, or engineerin(
the wdtten or oral cuntmacl ar aQreemerH musl. be: CmplRted.
a. Cumntiy In effect or becornlng affediwe during the term af this palicy; and
aeacd @or to the 'bodily injW', 'PIOPQroY damage". 'Pemnal injury". or '4Vf3fi3IW in-
jwym.
me imutanm pmvidtd to the additional I~.WPEC! b lkh-
f. That pemorl Or omaniution i~ only an addNicinai in- mcj with respect to ti8hiMy arising aut af:
b.
0 it32 3l fc!!3ws:
a- Premise$ You Own* nmn lease, Or cccrrPb Or Any average mvided hereunder shall b# b. Ypur ongaing Operations perfamed fi.r that any other vaii 8 and cotlectibfe insurance a
additional insured by or for you. the additional insured whether primary. ex cantingent or on any other basis unless a b contract specificalty requires that this inwi The insurance prowided ta the addiuonal iiwred doe$ not apply to 'bodily injury' ar 'pmperty primary. damage" induded within Vle 'pmduds.cclni pleted aperations haaW.
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0-77957-c
(Ed. OfW6)
BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOT 0
As a required part of the Bidder's proposal the Bidder must attach either of the following to tt
page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer's Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, and
payment of fees andlor premiums by the Bidder, will issue to the Bidder Policies of insurai
Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
to meet the specification of this contract must: (1) meet the conditions stated in The Notice
Bids, the Standard Specifications for Public Works Construction and the Special Provisions
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle
the performance of the contract, used onsite or offsite, whether owned, non-owned or hir
whether scheduled or non-scheduled. The auto insurance certificate must state the coveral
"any auto" and cannot be limited in any manner.
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*
BIDDER'S STATEMENT RE DEBARMENT - I (To Accompany Proposal)
B a 1. Have you or any of your subcontractors ever been debarred as an irresponsible bic another jurisdiction in the State of California?
X
Yes no
2. If yes, what wadwere the name(@ of the agency(ies) and what wadwere the perio
debarment(s)? Attach additional copies of this page to accommodate more than two debarmc
II
U
4 party debarred party debarred
I agency agency
P period of debarment period of debarment
BY CONTRACTOR:
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Gayle L. Schakfer- President
(print nameltitle)
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*w I r,# 2/26/97 Contract No. 35273 Page 21 of 6(
4
B (To Accompany Proposal) a @
BIDDER’S DISCLOSURE OF DISCIPLINE RECOm
Contractors are required by law to be licensed and regulated by the Contractors’ State I
Board which has jurisdiction to investigate complaints against contractors if a complaint reg2
patent act or omission is filed within four years of the date of the alleged violation. A co regarding a latent act or omission pertaining to structural defects must be filed within 10 year
date of the alleged violation. Any questions concerning a contractor may be referred
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the C;
Contractors’ State license Board two or more times within an eight year period?
3
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X
Yes no
2. Has the suspension or revocation pf your contractors license ever been stayed?
X
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever h
contractor’s license suspended or revoked by the California Contractors’ State license Boarc
more times within an eight year period? I
X
Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you pro
perform any portion of the Work ever been stayed?
X
Yes no
If the answer to either of 1. or 3. above is yes fuliy identify, in each and every case, tk
disciplined, the date of and violation that the disciplinary action pertain to, describe the natur
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
*= Q $4 2/26/97 Contract No. 3527-S Page 22 of f
d
BIDDERS DISCLOSURE OF DISCIPLINE RECOE
(CONTINUED)
(To Accompany Proposal)
8
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, tht
who's discipline was stayed, the date of the violation that the disciplinary action pertains to, dt
the nature of the violation and the condition (if any) upon which the disciplinary action was st
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go
(Attach additional sheets if necessary)
BY CONTRACTOR: 0 SAF-T-SEAL, Inc. dba Schaefer',s Parkinq Lot Service
Gayle L. Scha2f-GZPresident
(print name/title)
e* 3 ts 2/26/97 Contract No. 35274 Page 23 of 6f
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
County of )
) ss.
i. *
Tnc. AnnPleS , being first duly sworn, depo
(Name of Bidder)
and says that he or she is
Of-p - 'p -. SEAT,. T nc- dba Schaefer's Parking Lot Service
the party making the foregoing bid that the bid is not made in the interest of, or on behalf c
undisclosed person, partnership, company, association, organization, or corporation; that the
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or s(
any other bidder to put in a false or sham bid, and has not directly of indirectly colluded, con!
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall I
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agree
communication, or conference with anyone to fix the bid price of the bidder or any other bidder fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to I
any advantage against the public body awarding the contract of anyone interested in the pro
contract; that all statements contained in the bid are true; and, further, that the bidder ha ' 0 directly or indirectly, submitted his or her bid price or any breakdown thereof, or the co
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee 1
corporation, partnership, company association, organization, bid depository, or to any mem 3 agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidav
President
(Title)
(Name of Firm) 1
I
97 I executed on the 1 2th dayof June 919 *
1
(NOTARY SEAL)
August 4, 1998 1
1
ern
11.
1 t.s 2/26/97 Contract No. 3527-5 Page 24 of 66
CONTRACT
PUBLIC WORKS a
This agreement is made this F day of
between the City of Carlsbad, California, a municip
and SAF-T-SEAL dba Schaef er ' s Parking Lot Servicewhose principal place of busines5
720 PETERSON LANE, PARAMOUNT, CA 90723 (he called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract doc
for:
1997 STREET SEALING PROJECT
Contract No. 35274, May I, 1997
(hereinafter called "project").
2. Provisions of Labor and Materials. Contractor shall provide all labor, material
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o
OperatorlLessors, Bidder's Statements of Financial Responsibility, Technical Ability and EXF
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI2
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and
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 t
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 indi
specified, but which are essential to the completion of the work, shall be provided at the Cor
expense to fulfill the intent of said documents. In all instances through the life of the Coni
City will be the interpreter of the intent of the Contract Documents, and the City's decision rf
said intent will be final and binding. Failure of the Contractor to apprise subcontrac
materials suppliers of this condition of the Contract will not relieve responsibility of complianc
4. Payment. For all compensation for Contractor's performance of work under this Conti
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard SpecifiE
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as i<
the Southern California Chapter of the American Public Works Association, and as amendc
Special Provisions section of this contract. The Engineer will close the estimate of work c(
for progress payments on the last working day of each month.
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 !
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9- rrs 2/26/97 Contract No. 3527-S Page 25 of
may be done by Contractor, whether anticipated or not, in order to overcome unde
conditions. Any information that may have been furnished to Contractor by City about unde
conditions or other job conditions is for Contractor's convenience only, and City does not
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, ir
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 Contraci
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 hazardou:
as defined in section 251 17 of the Health and Safety Code, that is required to be remov
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing fro1
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 E
or do involve hazardous waste, and cause a decrease or increase in contractor's costs oi
time required for, performance of any part of the work shall issue a change order ur
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions rr
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co
time required for, performance of any part of the work, contractor shall not be excused fi
scheduled completion date provided for by the contract, but shall proceed with all wor
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 pa
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requi
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c
and will comply with these requirements, including, but not limited to, verifying the eligi
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 Depar
Industrial Relations has determined the general prevailing rate of per diem wages in acc
with California Labor Code, section 1773 and a copy of a schedule of said general prevailii rates is on file in the office of the City Engineer, and is incorporated by reference herein. F
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor s
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defei
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 1
Contractor to comply with any applicable law, rules or regulations including those relating 1
and health; and from any and all claims, loss, damages, injury and liability, howsoever tl
may be caused, resulting directly or indirectly from the nature of the work covered by the (
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4- p,s 2/26/97 Contract No. 35274 Page 26 of
except for loss or damage caused by the sole or active negligence or willful misconduct of tl
The expenses of defense include all costs and expenses including attorneys' fees for I
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awar
contract to Contractor, and Contractor will pay all costs, including defense costs for t
Defense costs include the cost of separate counsel for City, if City requests separate counsc
IO. Insurance. Contractor shall procure and maintain for the duration of the contract ir
against claims for injuries to persons or damage to property which may arise from or in co
with the performance of the work hereunder by the Contractor, his or her agents, represe
employees or subcontractors. Said insurance shall meet the City's policy for insurance as I
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 its
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident fc
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 hi1
whether scheduled or non-scheduled. The auto insurance certificate must state the covera
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensati
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 requirt
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; prod
completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection afl
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for each t
affording general liability, employers' liability and auto liability coverage.
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.
to the City, its officials, employees or volunteers.
@
@
Any failure to comply with reporting provisions of the policies shall not affect coverage II)
e- t.s 2/26/97 Contract No. 3527-S Page 27 of
d. Coverage shall state that the contractor's insurance shall apply separately to each
against whom claim is made or suit is brought, except with respect to the limits of the i
(C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, c
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 e
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or rec
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sell retention levels must be declared to and approved by the City. At the option of the City, eit
insurer shall reduce or eliminate such deductibles or self-insured retention levels as resp
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 shal
a waiver of all rights of subrogation the insurer may have or may acquire against the City c
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its PC
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 bus
insurance by the State of California Insurance Commissioner as admitted carriers as eviden
listing in the official publication of the Department of Insurance of the State of Californi
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 insurz original endorsements affecting coverage required by this clause. The certifica
endorsements for each insurance policy are to be signed by a person authorized by that ii
bind coverage on its behalf. The certificates and endorsements are to be in forms approve
City and are to be received and approved by the City before the Contract is executed by the
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid.
11. Claims and Lawsuits. All 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 1, 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 20104.2(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.
@ liability.
@
e
em p,@ 2/26/97 Contract No. 3527-S Page 28 of
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement and anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code I
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly si
false claim to a public entity. These provisions include false claims made with deliberate ig
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 tt
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fal'
may subject the Contractor to an administrative debarment proceeding wherein the Contrat
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 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referei
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar
another jurisdiction is grounds for the City of Carlsbad to disqualify the
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no co'
City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter '
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princir
of business as specified above, Contractor shall so inform the City by certified letter accom
the return of this Contract. Contractor shall notify the City by certified mail of any change of
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with
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 su
for any monies withheld by the City to secure performance of this contract for any o
established by this contract. Any other security that is mutually agreed to by the Contractoi
City may be substituted for monies withheld to ensure performance under this Contract.
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 he
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 p
amended to make such insertion or correction.
*
@
.I
e
*- %# 2/26/97 Contract No. 352743 Page 29 of
16. Additional Provisions. Any additional provisions of this agreement are set fort
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACH ED
0
(CORPORATE SEAL)
CONTRACTOR: A
e
President or vice-president and secretary or assistant secretary must sign for corporatiom
one officer signs, the corporation must attach a resolution certified by the secretary or i
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JAN
DeP
\ *
*w %# 2/26/97 Contract No. 35274 Page 30 of
- _I_ _________ __-_______-.--._-
[,.of (--&Y$p.&g& *-
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personally known to me -OR- 0 roved to me on the &asis of satisfactory evidence to be the
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person(s) whose name(s) IS/are subscribed to the
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I( he/she/they executed the same in his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
10s ANGECES COU of which the personk)
instrument.
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jj within instrument and
authorized capacity(ies), and that by his/her/their
I! CQMM. #I I 12498
;j I1 NOTARY POBtlC-CrUIFORN1A
,; acted' executed the
Witness my hand and official seal.
(SEAL) &:, Lr:d&t .f- fl/-j$&pl[ . '. r %.'
(SIGNATURE OF NOTARY)
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--_- I_ _--- __________
RIGHT THUMBPRINT (Optii r
CAPACITY CLAIMED BY SI0
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OGUARDIANICONSERVATO
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RIGHTTHUMBPRINT (Opt r
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CAPACITY CLAIMED BY SI(
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instrument.
Witness my hand and official seal.
CAPACITY CLAIMED BY SIC
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OCORPORATE
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(TITLES I! I! ii i/ OPARTNER(S) OLlMlTED 1 I unauthorized document. DGENERAI I I mis CERTIFICATE Tile or Type of Document OTRUSTEE(S) 1 I MUST BE ATTACHED OGUARDIAN/CONSERVAT(
TO THE DOCUMENT Number of Pages Date of Document OOTHER:
DESCRIBED AT RIGHT
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
OATTORNEY IN FACT
Signerb) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of PersonIs) or Entiti
II j/ I] 4 1 I WOLCOTTS FORM 63240 Rev. 3-94 lpricc class 8-.?A) ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlON/TWO FINGERPRINTS
61994 WOLCOTTS FORMS, INC.
_____ &.
7 ((~~l1lllllll 67775 Ill
Bond #148 65 34
Premium: Included in Performa
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Re
NO. 97-559 , adopted AUGUST 5, 1997 , has awa
(hereinafter designated as the "Principal"), a Contract for:
*
SAF-T-SEAL dba Schaefer's Parking Lot Service
1997 STREET SEALING PROJECT
Contract No. 35274
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other (
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of w
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond, providing that if Principal or any of their subcontractors sh;
pay for any materials, provisions, provender or other supplies or teams used in, upon or at
performance of the work agreed to be done, or for any work or labor done thereon of any k
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, SAF-T-SEAL dba Schaefer's Parking Lot Service , as P
(hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad in the sum ofOne Hundred Ninet
Thousand Nine Hundred Seventy Eight - and 50/00------------------------------ i
($191 , 978.50 , said sum being fifty percent (50%) of the estimated amount pa)
the City of Carlsbad under)the terms of the Contract, for which payment well and truly to b
we bind ourselves, our heirs, executors and administrators, successors, or assigns, joir
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontrac
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or al
performance of the work contracted to be done, or for any other work or labor thereon of a
or for amounts due under the Unemployment Insurance Code with respect to such work or I
for any amounts required to be deducted, withheld, and paid over to the Employment Deve
Department from the wages of employees of the contractor and subcontractors pursuant to
13020 of the Unemployment Insurance Code with respect to such work and labor that the Si
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's
be fixed by the court, as required by the provisions of section 3248 of the California Civil Cod
This bond shall inure to the benefit of any and all persons, companies and corporations en
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3(
Surety stipulates and agrees that no change, extension of time, alteration or addition to the I
the Contract, or to the work to be performed thereunder or the specifications accompan!
same shall affect its obligations on this bond, and it does hereby waive notice of any (
extension of time, alterations or addition to the terms of the contract or to the work 01
specifications.
0
*
em aS 2/26/97 Contract No. 3527-S Page 31 of C
In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond. m Executed by CONTRACTOR this 1 $? * Executed by SURETY this 13th
day of .&ikf~-W- ,1997. of August ,I
CONTRACTOR: SURETY:
Insurance Company of the West
17852 E. 17th Street, Suite 111 Tustin, CA 92780
(name of Surety)
(address of Surety)
714-832-9900
(I%.-.G{DWT
(printed name of Attorney-in-Fac
(attach corporate resolution showing c
power of attorney)
SEE 7%' (title and $ganization of signatory)
e
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attache
(President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or i
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JAN
DeP
*
*w p,# 2/26/97 Contract No. 35273 Page 32 of
.______-_ ___-__ ___-____.___I____ _^___.____
-____I_ --_-I-
RIGHT THUMBPRINT (Opt
CAPACITY CLAIMED BY SI(
OINDIVIDUAL(S)
OCORPORATE
OFFICER(S)
(TITLES)
UPARTNER(S) OLlMlTED
UGENERAL 1;
OGUARDIANICONSERVATO
SIGNER IS REPRESENTING:
Witness my hand and official seal.
CAPACITY CLAIMED BY SIGI
OINDIVIDUAL(S)
OCORPORATE
OFFICER(S) ATTENTION NOTARY
(TITLES) I! if ii 1 i 1 I unauthorized document.
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any PARTNER(S1 0 LIMITED
OATTORNEY IN FACT
OTRUSTEE(SI
OGENERAL j/ 1 i THIS CERTIFICATE Tile or Type of Document
MUST BE AlTACHED GUARDIANICONSERVATOF
TO THE DOCUMENT Number of Pages Date of Document UOTHER:
DESCRIBED AT RIGHT:
Signerls) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(i'
~~ 11
1, * WOLCOTTS FORM 63240 Rev. 3-94 (price class 8-2A) ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATlONrrWO FINGERPRINTS O'1994 WOLCOTTS FORMS. INC. 1 ! ~~_~___~---- -..--- - L
7 //1~l1lllllll 67775 Ill11 6
RIGHT MUMBPRINT (Opti
CAPACITY CLAIMED BY SIG
0 INDIVIDUAL(S)
OCORPORATE
OFFICERIS)
ITITUS1
OPARTNER(SJ OLIMITED
OGENERAL
1: 11
lj I!
i! I!
I! il !!
OGUARDIANICONSERVATO
SIGNER IS REPRESENTING:
Witness my hand and official seal.
CAPACITY CLAIMED BY SIG
OCORPORATE
t. i! OINDIVIDUAL(S) I$
OFFICER(S) ATTENTION NOTARY
I The information requested below and in the column to the right is OPTIONAL. ITITUS) ii
j unauthorized document.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) OLIMITED
OGENERAL 11
4
// OATTORNEY IN FACT I j MIS CERTIFICATE litle or Type of Document OTRUSTEE(S) 11 MUST BE ATTACHED OGUARDIANICONSERVATO
TO THE DOCUMENT Number of Pages Date of Document OOTHER: 11 DESCRIBED AT RIGHT ii Signer(s) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity( I/ II
1 ' WOLCOTTS FORM 63240 Rev. 3-94 (price class 8-2AI ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlON/TWO FINGERPRINTS '1994 WOLCOTTS FORMS, INC.
.~ _____ ~--.
7 ~~~~l11lllll1 67775 IIIII t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Name and Title of Officer (e g Jane Doe, Notary Public )
personally appeared
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: 1%3h, B
Number of Pages: mc
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
0 Partner - 0 Limited 0 General
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll-Fre
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA e POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appo
JAMES E. GUTMANN
its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undt
other wntracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Boan
on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true c01
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal oft
provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the si
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized off
8th day of i May 1995 . 0 INSURANCE COMPANY OF THE WEST
p *cO~QoW~o 2
%n 1. t9*
c~LIFORH\h
STATE OF CALIFORNIA ior Vice President ss.
COUNTY OF SAN DIEGO
On May 8th, 1995 before me, personally appeared John L. Hannum. Senior Vice President of INSURANCI
OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that
the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the
WITNESS my hand and official seal.
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORN
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the i
resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 13th day of August
(Q)
INSURANCE COMPANY OF THE WEST
2 ,,,$O~~Q~Ar~o $
%4CH 1. (91% F,&?L+i ___ __ E. Harned Davis, Vi President cAIIFORC\\*
ICW 37
a
Bond #l48 65 34
P~~~iurn: $2,984.00
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by RE
NO. 97-559 , adopted AUGUST 5. 1997 , has aw;
, (her designated as the "Principal"), a Contract for:
-I)
SAF-T-SEAL dba Schaefer's Parking Lot Service
1997 STREET SEALING PROJECT
Contract No. 35274
in the City of Carlsbad, in strict conformity with the contract, the drawings and specificatic
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsb:
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, SAF-T-SEAL dba Schaefer's Parking Lot Service , as PI
(hereinafter designated as the "Contractor"), and
as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Three Hundre
($ 383,957.00 ), said sum being equal to one hundred percent (100%) of the e:
amount of the Contract, to be paid to City or its certain attorney, its successors and ass
which payment, well and truly to be made, we bind ourselves, our heirs, execub
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contraci
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
well and truly keep and perform the covenants, conditions, and agreements in the Contract
alteration thereof made as therein provided on their part, to be kept and performed at the 1
in the manner therein specified, and in all respects according to their true intent and mean
shall indemnify and save harmless the City of Carlsbad, its officers, employees and ag
therein stipulated, then this obligation shall become null and void; otherwise it shall rema
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
there shall be included costs and reasonable expenses and fees, including reasonable a1
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as cc
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
the Contract, or to the work to be performed thereunder or the specifications accompan
same shall affect its obligations on this bond, and it does hereby waive notice of any
extension of time, alterations or addition to the terms of the contract or to the work o
specifications.
Three Thousand Nine Hundred Fifty Seven and OO/OO--------------------------
e
*
em r,s 2/26/97 Contract No. 3527-S Page 33 of
In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this / s Executed by SURETY this 13th
7% 0
August , 1997
SURETY:
Insurance Company of the West
(name of Surety)
17852 E. 17th Street, Suite 111
Tustin, CA 92780
(address of Surety)
(telephone number of Surety)
714-832-9900
fjGlDmr By:
(Title and Organization of Signatory)
James E. Gutmann
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing
power of attorney.) 3-&2 Lev SdL4'IP.L L
0
(prinfname here)
(Title andlrganization of signatory) /
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attacht
(President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or E
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
*
em p,# 2/26/97 Contract No. 3527-S Page 34 of 1
--_ -___--
RIGHT THUMBPRINT (Opti
CAPACITY CLAIMED BY SIC
OINDIVIDUAL(S)
OCORPORATE
ITlTLESl
OPARTNER(S1 OLlMlTED
OGENERAL
ia I!
OGU ARDIANKONSERVATO
SIGNER IS REPRESENTING:
Witness my hand and official seal.
CAPACITY CLAIMED BY SIG
OINDIVIDUAL(S)
OCORPORATE
I
OFFICER(S) :1 i/ ATTENTION NOTARY
!’
j j
fi The information requested below and in the column to the right is OPTIONAL. ITITLESI
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) OLlMlTED
OATTORNEY IN FACT
ij
Is unauthorized document. OGENERAL 1 I mis CERTIFICATE Tile or Type of Document OTRUSTEE(S) 1 1 MUST BE AlTACHED
TO THE DOCUMENT Number of Pages Date of Document 0 OTHER: 1 DESCRIBED AT RIGHT /j jj SIGNER IS REPRESENTING:
OGUARDlANlCONSERVATO
Signer(s) Other Than Named Above
(Name of Personfs) or Entity1 j/
WOLCOTTS FORM 63240 Rev. 3-94 (price class 8-2Al ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTYiREPRESENTATIONfWO FINGERPRINTS 81994 WOLCOTTS FORMS. INC. 1 - 4 -
7 ~~~~l1lllllll 67775 Illll t
-.-~ ~---_~_________-. ~____
Ij 1 I On (%by d;i,/qql before me, e44 Z-/A (? &tk@/L .., 1. ij Ii IDATE) (NAMERITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC') !I
/ 1 personally appeared ,J'b->,&d,+ ,,y$$+~& I- I/ 1,
I+ I/
IN, EIS~OF SIGNER IS)^ r
ii
personally known to me -OR- 0 roved to me on the Easis of satisfactory evidence to be the personk) whose name(s) dare subscribed to the
acknowledged to me that he/she/they executed the same in his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
instrument.
!I !I within instrument and I!
authorized capacity(ies), and that by his/her/their
acted' executed the
Witness my hand and official seal.
(SEAL)
_-- - -__.___
RIGHT THUMBPRINT (Opti
j
CAPACITY CLAIMED BY SIQ
OINDIVIDUAL(S)
OCORPORATE
OFFICER(S)
ITITLES)
OPARTNERIS) DLlMlTED
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OTRUSTEE(S)
OOTHER:
OGUARDIANICONSERVATO
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity1
RIGHT THUMBPRINT (Opti, r
P 2
CAPACITY CLAIMED BY SIG
DINDIVIDUAL(S)
0 CORPORATE
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
h
<-
Name($ of Signer@)
Though the information below IS not required by law, It may prove valuable to persons relying on the document and could prec
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
3 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Reorder Call Toll-Fi 0 1995 National Notary Association - 8236 Rernrnet Ave PO Box 7184 - Canoga Park, CA91309-7184 Prod No 5907
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA a POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoir
JAMES E. GUTMANN
its true and lawful Attomey(s)-in-Fact, with full power and authorrty, to execute, on behalf of the Company, fidelity and surety bonds, under
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board
on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true cop
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on
Company, fidellty and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of th
provided however, that the absence of the seal shall not affect the validtty of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the si(
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized offii 8th day of i May 1995 . 0 *nm I,&
INSURANCE COMPANY OF THE WEST
S ,@RpoR+~ s
'41 IFORN\L
ss. 'STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 8th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that
the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the
WITNESS my hand and official seal.
CERTIFICATE:
I, E. Hamed Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certrfy that the original POWER OF ATORh
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the i resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 13th day of August
0 $ *G~nm4~60 a
INSURANCE COMPANY OF THE WEST
*nm 1, \PI' - F,&qQLi4;
-.
E. Harned Davis, Vice President C~LIFORN\~
ICW 37
*
-Gutmann Insurance Brokers
Bristol Street, Suite 390
a Mesa CA 92626
Schaeferls Parking Lot Service A Division of Saf-T-Seal, Inc.
DXA8 0 16 9 2 18
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
PROPERTY DAMAGE
UMBRELLA FORM
EMPLOYERS' LIABILITY
THE PROPRIETOR/
0 THE NAMED INSURED" non-payment of premium
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL B
City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad CA 92008-1989
**k-~*.- S
(
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL1
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEME!
j icH! .-
This endorsement madifies insurance provided under the following:
COMMERClAL GENERAL LIABILIN COVERAGE PART .
WHO IS AN INSURED (Section II) is amended to 2. The Limits of Insurance applicable to the
inciude 8s an insured any person or organization (caled insured arc those specified in the written I additional insured) whom you are required to add as an agreement or in the Dedaratians for t additional Insured on this policy under: whichever are less. These Limits of lnsi included within and not In addition to thc Insurance shown in the Declarations. 1. A written contrad or agreement: or
2. An oral cantract or agreement where a certificate of 3. A petsonls Or organitationts status as an
insured under this endorsement ends 1 insurance showing that person of Organization as
operations for that additional ins an additional insured has been issued: but
the written of oral contract or agreement must be: compieted.
a. Currently in effect or becoming effective during The insurance provided to the additional in:
the term of this policy; and not apply to *bodily injury", 'propeny dam; sonal injury", or 'advertising injury" arising ou chitews, engineer's, or sumeyor's render failure to render any pmfessional sewices inc
b. Executed pfior to the 'hadib injuiy", 'WJPW
damage", 'personal injury'. or 'adveflising in-
jury". fa The preparing, approving. or failing ta 1 The insurance provided to the additional insured is lirn- appmve maps, drawings, opinions. rei ited as follows: ueys. change orders, design or specificat!
1- That person or organization is only an addHional in- 2. ~opewisory, jnspedion, Or engineering s, sured with respect to liability arlsing out of:
Any coverage rovided hereunder shall be er a. Premises you own. rent. lease, or occupy: or
b. Yaur ongoing operations performed for that any other vaii and collectible insurance avai additional insured by or for you. the additional insured whether primary. exces contingent or on any other basis unless a writ The insurance pravided to the additional insured contract specifically requires that this insuran does not apply to 'bodily injury" of "property primary.
damage" included within the 'products-completed operations hazard'.
o
a
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G-? 7957-C (Ed. 07/96)
- - -
4
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1
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to Ci 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:
1 :*
Are you currently certified by CALTRANS?
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATIONIS):
Mark all applicable blanks This offeror represent: part of this offer that:
This firm is-, is notx a minority business. This firm is-, is notx a woman-owned busir
WOMAN-OWNED BUSINESS: A woman-owned ness is a business of which at least 51 perc owned, controlled and operated by a woman or w Controlled is defined as exercising the power to policy decisions. Operation IS defined as a involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE: DEFINITIONS :
MINORITY BUSINESS ENTERPRISE: "Minority Asphalt repair, Slurry coat-n 4 @ Business" is defined as a business, at least 51
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:
(minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS 1.D. NO. 95-2675055 Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION: The information furni hed is certified to be factual and correct as of the date submitted. SAF-T-SEAL dta Schaefer's Parking Lot Service
COMPANY NAME 7202 Peterson Lane ADDRESS Paramount, CA 90723 CITY, STATE AND ZIP
TELEPHONE NUMBER
percent of which is owned, operated and controlled by Striwq ..
defines the socially and economically disadvantaged - CLASSIFICATION(S). c- 1 2 & c 33.
LICENSE NUMBER: 25a8 5 7
4
-I
8
562-634-31 64
*
2/26/97 Contract No. 3527-S Page 35 of 6E
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbac
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C
whose adc
hereinaft
"Contractor" and whose adc
hert
*
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as f
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Ci
the contractor has the option to deposit securities with the Escrow Agent as a subst
retention earnings required to be withheld by the City pursuant to the Construction Contract
into between the City and Contractor for the 1997 STREET SEALING PROJECT, Cont
(he 3257-0, in the amount of
referred to as the "Contract"). Alternatively, on written request of the contractor, the City sh,
payments of the retention earnings directly to the escrow agent. When the Contractor depc
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omis
the escrow agent in connection with the handling of retentions under these sections in an
not less than $100,000 per contract. The market value of the securities at the time
substitution shall be a least equal to the cash amount then required to be withheld as rl
under the terms of the contract between the City and Contractor. Securities shall be he1
name of the , and shall designate the Contract0
beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwis
be withheld from progress payments pursuant to the Contract provisions, provided that the
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 create
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 su
withdrawal by Contractor at any time and from time to time without notice to the City.
dated
@
0
*w PIS 2/26/97 Contract No. 3527-S Page 36 of E
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow 1
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 Contraci
7. The City shall have a right to draw upon the securities in the event of default by the Con Upon seven days' written notice to the Escrow Agent from the City of the default, the Escroi
shall immediately convert the securities to cash and shall distribute the cash as instructec City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c and that the Contractor has complied with all requirements and procedures applicabk Contract, the Escrow Agent shall release to Contractor all securities and interest on depc escrow fees and charges of the Escrow Account. The escrow shall be closed immediatc 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 cc 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 disbursement
securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive
notice on behalf of the City and on behalf of Contractor in connection with the foregoii
exemplars of their respective signatures are as follows:
For City: Title
@
Name
Signature
Address
*
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escroi
a fully executed counterpart of this Agreement.
a
Q- r.l# 2/26/97 Contract No. 3527-S Page 37 of t
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer
date first set forth above.
For City: Title
e
Name
Signature
Address
For Con tractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address e
0
*w r,s 2/26/97 Contract No. 3527-S Page 38 of t
SPECIAL PROVISIONS FOR
1997 STREET SEALING PROJECT
CONTRACT NO. 35274 0
SUPPLEMENTAL PROVISIONS TO
STANDARD SlPEClFlCATlONS FOR PUBLIC WORKS CONSTRUCl
PART 1, GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBc
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 ii
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 Ei
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i
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", "a
"acceptance", or words of similar import are used, it shall be understood that the i
acceptance, or similau 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, inclu
furnishing and installling of materials that are indicated, specified or required to mean
Contractor, at its expense, shall furnish and install the work, complete in place and read<
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words,
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative
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em %# 2/26/97 Contract No. 3527-S Page 39 of
Dispute Board - persons designated by the City Manager to hear and advise the City Mar
claims submitted by the Contractor. The City Manager is the last appeal level for informal
Engineer - the City Ehgineer of the City of Carlsbad or hidher approved representative.
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ai
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, St
Federal income taxes paid and administered, as applicable, by the Contractor. When
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns c
and uses to accomplish the Work. Equipment that is owner operated or leased equipment
operator is not part of the Contractor’s Own Organization and will not be included for the pu
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 I
who is employed by neither the Contractor nor a subcontractor and is neither an agent or ei
of the Agency or a public utility.
Principal inspector - The Senior Inspector’s immediate supervisor and second level of ai
informal dispute resolution.
Project inspector - the Engineer’s designated representative for inspection, contract admir
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of ap
informal dispute resolution.
a resolution.
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0
SEC’C’ION 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 I
the Contractor to complete 50 percent of the contract price with its own organization, the
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 pc
the value of the work performed in excess of 50 percent of the contract price by other
Contractor’s own organization. The City Council shall be the sole body for determinat
violation of these provisions. In any proceedings under this section, the prime contractor
entitled to a public hearing before the City Council and shall be notified ten (10) days in ad
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS. Modify as follows: Delete the third sentence of the first pi
having to do with a surety being listed in the latest revision of U.S. Department of Treasury
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 contrz
faithful performance/warranty bond shall be in the amount of 100 percent of the contract F
the payment bond shall be in the amount of 50 percent of the contract price. Both bor II)
e- p,# 2/26/97 Contract No. 3527-S Page 40 of
extend in full force and effect and be retained by the Agency during this project until tl
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 1 after recordation of tho Notice of Completion and will remain in full force and effect for the o
warranty period and until all warranty repairs are completed to the satisfaction of the Enginee
The payment bond shall be released six months plus 30 days after recordation of the N
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admiti
authorized to transact the business of insurance in California and whose assets excec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I
2) A certified copy of the certificate of authority of the insurer issued by the in
e
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liab
the insurer at the end of the quarter calendar year prior to 30 days next preceding the dat
execution of the bond. The financial statement shall be made by an officer's certificate as dc
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemi
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. Add the following: The specifications for the work include the S
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter de:
"SSPWC", as issued by the Southern California Chapter of the American Public Works Assc
and as amended by the Special Provisions section of this contract.
The plans consist of Exhibits 1 to 3 and are attached hereto. The standard drawings used
project are the latesl edition of the San Diego Area Regional Standard Drawings, he1
designated SDRS, as issued by the San Diego County Department of Public Works, toget
the City of Carlsbad Supplemental Standard Drawings.
2-5.3.3 Submittals. Add the following: When submitted for the Engineer's review, Shop C
shall bear the Contractor's certification that he has reviewed, checked, and approved tt
Drawings and that they are in conformance with the requirements of the Contract Document!
The Contractor shall subscribe to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that p
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em r,# 2/26/97 Contract No. 3527-S Page 41 of 1
Add the following:
2-5.4 Record Drawhgs. The Contractor shall provide and keep up-to-date a complete
record set of blue-line prints, which shall be corrected in red daily and show every change
original drawings and specifications and the exact "as-built" locations, sizes and kinds of eq
underground piping, valves, and all other work not visible at surface grade. Prints for this may be obtained fromi the Agency at cost. This set of drawings shall be kept on the job anc
used only as a record set and shall be delivered to the Engineer upon completion of th
Payment for performing the work required by section 2-5.4 shall be included in various bid it
no additional payment will be made therefor.
Add the following:
2-6
designated street in lialf-street applications. In addition, the Contractor shall furnish all rr
required by this contract and provide the necessary labor and equipment to compl
operations specified herein.
Add the following:
2-6.1 Striping. Prior to placing slurry seal, the Contractor shall grind off all existing
The Contractor shall replace striping on all streets which are covered by rubberized asph
seal including but not limited to all striping indicated on Sheets 4 to 15. The Contractor shall
stop bars, stop legends, and crosswalks which are covered by rubberized asphalt slu
including but not limited to those noted on Sheets 4 and 5.
All striping shall be in accordance with Chapter 6 of the Caltrans Traffic Manual. In add
Contractor shall provide centerline striping improvements on Jefferson Street, Laguna 0
Yourell Avenue, as indicated on Sheets 4 and 5.
I)
The work to be done consists of application of rubberized asphalt slurry seal
0 2-9 SURVEYING.
2-9.1 Permanent Survey Markers. Substitute the following: The Contractor shall no
permanent survey monuments or benchmarks without the consent of the Engineer. WI
Engineer concurs, in writing, with the Contractor that protecting an existing monument in
impractical, the Contractor shall employ a licensed land surveyor to establish the locatio
monument before it is disturbed. The Contractor shall have the monument replaced by a
land surveyor no later than thirty (30) days after construction at the site of the replacr
completed. The Licensed Land Surveyor shall file corner record(s) as required by $5 8
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
permanent survey monument is located, the Contractor shall adjust the monument frame ai
to the new grade. Monument frames and covers shall be protected during street sealing or
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service. The Contractor shall hire and pa
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to pe
work necessary for establishing control, construction staking, records research and :
surveying work necessary to construct the work, provide surveying services as required he
provide surveying, drafting and other professional services required to satisfy the requirer
the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operati
shall personally supervise and certify the surveying work.
2-9.3.1 Submittal of Surveying Data,
Substitute the following:
0 Add the following section:
All surveying data submittals shall conforn
4- r,s 2/26/97 Contract No. 3527-S Page 42 of
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade st
the Engineer before commencing work in the area affected by the grade sheets. The COI
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 I submitted in bound form on 81/2” by 11” paper. The field notes, calculations and data shall t and complete with name of field party chief, field crew members, preparer, date of observ,
calculation, consecutive page numbers and shall be readable without resort to any electra
computer program or documentation for any computer program. The field notes shall be p
in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Re
Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California B
and Professions Code showing all SDRS M-10 monuments set. The record of survey shall SI
location and justification of location of all permanent monuments set and their relation to th
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and E before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at
intervals as measured along the project stationing unless a lesser interval is specified I
Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch poi
street crown lines where no median exists. Large slopes shall have line point set tc
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 sub1
aggregate base for the roadway section. The stakes shall be set at edge of pavement ani
curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at
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 inte
the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Inter
stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Stor
staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and e(
of the local depression. Curbskurbs and gutter shall be staked at 25-foot intervals, cente
driveways, and 114, 112, 314 delta on returns. Fills to finish grade at 25-foot intervals by thc
pass width shall be ipainted 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 par
contract. Surveyor shall mark the removal limits and limits of work line shown on the plar
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, tb
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 gradc
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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0 Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requiren
em p,s 2/26/97 Contract No. 3527-S Page 43 of 1
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the SUN
and no additional payment will be made. Extension of unit prices for extra work shall inc
compensation for attendant survey work and no additional payment will be made therefor. F
for the replacement of disturbed monuments and the filing of corner records shall be incic the work necessitating the disturbance of said monuments and no additional payment will t
therefor.
0
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following seciion:
2-10.1 Availability of Records. The Contractor shall provide copies of all record
Contractor's or subcontractor's possession pertaining to the work that the Engineer may req
Add the following section:
2-1 0.2 Audit And Inspection. Contractor agrees to maintain and/or make availablc
Engineer, within San Diego County, accurate books and accounting records relative 1
activities. The Engineer shall have the right to monitor, assess, and evaluate Cor
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in
of Contractor's staff. At any time during normal business hours and as often as the Engin
deem necessary, upon reasonable advance notice, Contractor shall make available to the E
for examination, all of its records with respect to all matters covered by this Contract and w
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
and to make audits of all invoices, materials, payrolls, records of personnel, and other data
to all matters covered by this Contract. However, any such activities shall be carried
manner so as to not unreasonably interfere with Contractor's ongoing business opc
Contractor shall maintain such data and records for as long as may be required by applica 0 and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit Prices. Add the following: In the case of an increase or decre
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that p
the change, which together will all previous changes to that item is not in excess of 25 perce
total cost of such item based on the original quantity and Contract Unit Price. Adjustr
excess of 25 percenl may, at the option of the Engineer, be paid pursuant to section 3-
Work.
3-3.2.2 ( c ) Tool and Equipment Rental. Regal
ownership, the rates and right-of-way delay factors to be used in determining rental and del'
shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAL
current at the time of the actual use of the tool or equipment. The right-of-way delay factor!
shall be used as multipliers of the rental rates for determining the value of costs for dela
Contractor and subcontractors, if any, The labor rates published therein are not a par
contract.
3-3.2.3 Markup. Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSP
replace with the following: (a) Work by Contractor. The following percentages shall be i
the Contractor's costs and shall constitute the markup for all overhead and profits:
Second paragraph, modify as follows:
a
em r.# 2/26/97 Contract No. 3527-S Page 44 of
Labor ................................... 20
2) Materials ............................ 15 4P :; Other Items and Expenditures .. 15
1)
Equipment Rental ................... 15
To the sum of the costs and markups provided for in this section, 1 percent shall be ac
compensation for bonding.
(b) When all or any part of the extra work is performe 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 portio
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcoi
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. F
for extra work will not be made until such time that the Contractor submits completed daily
and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete pa
five (5), and add the following: The Contractor shall not be entitled to the payment of any ac
compensation for any act, or failure to act, by the Engineer, including failure or refusal to
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 spc
Compliance with this section shall not be required as a prerequisite to notice provisions in Sc
7.3 Contract Time Accounting, nor to any claim that is based on differences in measure
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 pric
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 dl
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a descriptior
particular circumstances giving rise to the potential claim, the reasons for which the Cc
believes additional compensation may be due and nature of any and all costs involved \II
working days of the date of service of the written notice of potential claim for changed con
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Cla
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C
False Claims Act, Government Code sections 12650-1 2655. The undersigned further undc
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 estirnate 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 i
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.
It is the intention of this section that differences between the parties arising under and by
the contract be brought to the attention of the Engineer at the earliest possible time in 01
such matters be settled, if possible, or other appropriate action promptly taken.
Work by Subcontractor.
Add the following after the second sentence:
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3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written r
potential claim prior to commencing any disputed work. Failure to give said notice shall con
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the co
shall attempt to resolve all disputes informally through the following dispute resolution (
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 completior
disputed work stating its position on the claim, the contractual basis for the claim, along
documentation supporting the costs and all other evidentiary materials. At each level of 1
appeal of claim the City will, within 10 working days of receipt of said claim or appeal c
review the Contractor's report and respond with a position, request additional information or
that the Contractor nieet and present its report. When additional information or a me
requested the City will provide its position within 10 working days of receipt of said ac
information or Contractor's presentation of its report. The Contractor may appeal eact
position up to the City Manager after which he may proceed under the provisions of thc
The authority within the dispute resolution chain of command is limited to recornrne
resolution to a claim to the City Manager. Actual approval of the claim is subject to the chan!
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance \
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commenc
Section 201 04) which is set forth below:
0
0 Contract Code.
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tl
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contract(
public agency when the public agency has elected to resolve any disputes pursuant to Ar
(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
that "public work" does not include any work or improvement contracted for by the stat
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa)
money or damages arising from work done by, or on behalf of, the contractor 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.
4- p,# 2/26/97 Contract No. 3527-S Page 46 of 1
a
20104.2. For any clairn subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate th
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 1
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 writinl
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 pursuai
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 subr
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 al
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of rt
the claim, any additional documentation supporting the claim or relating to defenses to the c
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuar
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 subr
the claimant within 30 days after receipt of the further documentation, or within a period of
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 v
days of receipt of the local agency's response or within 15 days of the local agency's fi
respond within the time prescribed, respectively, and demand an informal conference to rr
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sct
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in disF
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and CI
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cc
purposes of those provisions, the running of the period of time within which a claim must
shall be tolled from the time the claimant submits his or her written claim pursuant to subdiv
until the time that clairn is denied as a result of the meet and confer process, including any F
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 Ct-
(commencing with Selction 900) and Chapter 2 (commencing with Section 910) of Part 3 of
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, t
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both
The mediation process shall provide for the selection within 15 days by both partic
disinterested third person as mediator, shall be commenced within 30 days of the submi'
shall be concluded within 15 days from the commencement of the mediation unless
requirement is extended upon a good cause showing to the court or by stipulation of both p
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the parties fail to select a mediator within the 15-day period, any party may petition the
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil Prc
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (P
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil prc
shall apply to any proceeding brought under the subdivision consistent with the rules pert:
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ai
for purposes of this article shall be experienced in construction law, and, upon stipulatio
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of p:
exceed their customary rate, and such fees and expenses shall be paid equally by the
except in the case of arbitration where the arbitrator, for good cause, determines a different
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 .lo) Title 3 of Part 3 of the
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo t
not obtain a more favorable judgment shall, in addition to payment of costs and fees un
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 med
arbitration process.
20104.6. (a) No local (agency shall fail to pay money as to any portion of a claim which is unl
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
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
court of law.
e
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 a
access to any and all parts of work at any time. Contractor shall furnish Engineer wii
information as may be necessary to keep the Engineer fully informed regarding progre
manner of work and character of materials. Inspection or testing of the whole or any portioi
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials. Add the following: Except as specified in these Special Provis
Agency will bear the cost of testing materials and/or workmanship where the results of si
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approve
before the delivery is started. All materials proposed for use may be inspected or tested at
during their preparation and use. If, after incorporating such materials into the Work, it is fc
sources of supply that have been approved do not furnish a uniform product, or if the proc
any source proves unacceptable at any time, the Contractor shall furnish approved mate
other approved sources. If any product proves unacceptable after improper storage, handli
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor's expense. 0
4% 68 2/26/97 Contract No. 35274 Page 48 of
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 madc
place along the work as deemed necessary by the Engineer. The costs of any retesi
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, compatibili
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 cost
Agency.
@
SECTION 5 - UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by i
of known records, endeavored to locate and indicate on the Plans, all utilities which exist M
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 Ca
upon request to the Ehgineer, 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 othewise 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". Within 5 calendar days of notification of awarc
Contract, the Contractor shall prepare and submit a work schedule for accomplishing the
the Engineer.
Said schedule must show the dates of the expected start and completion of all the vari
items, including but not limited to: street preparation, paint and thermoplastic removal, slui
striping and marking, raised pavement markers of the contract work. The schedule shall a15 necessary preparatoiy work, vegetation removal, street cleaning for each street. The s
shall be in the form of a Bar Chart schedule, and shall be of sufficient detail to st
chronological relatioriship of all activities of the project including, but not limited to, e$
starting and completion dates of various activities, scheduling of equipment and procure
materials. The Contractor shall obtain a City 1/9600 scale base map and submit five copic
are color-coded to clearly show the relationships between the different scheduled days
various street segments to be slurried. The list showing street closures for slurry sealing
prepared on each half day basis. The construction schedule shall reflect completion of
under the Contract within the specified time and in accordance with the contract documents
Prior to striping operations commencing, the Contractor shall submit a detailed schedu
striping operations planned for each week to the Engineer. The Contractor shall include thl
and the location of the striping work. Such schedule and maps shall be subject to the re\ 0
4- p,# 2/26/97 Contract No. 35273 Page 49 of
approval of the Engineer. No work shall take place until the Engineer and the Contractc
agreed to the schedule to be followed by the Contractor. a Add the following section:
6-1 .I Pre-Constructlion Meeting. After, or upon, notification of contract award, the Engii
set the time and location for the Preconstruction Meeting. Attendance of the Con
management personnel responsible for the management, administration, and executior
project is mandatory for the meeting to be convened. Failure of the Contractor to h
Contractor’s responsible project personnel attend the Preconstruction Meeting will be groi
default by Contractor per section 6-4. No separate payment will be made for the Con
attendance at the meeting. The notice to proceed will only be issued on or after the comp
the preconstruction meeting.
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s pref
revision and maintenance of the Construction Schedule are incidental to the work and no I
payment will be made therefor.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, eq
and materials, and performing all operations necessary to complete the Project Work as st
the Project Plans and as specified in the Specifications. The work includes application of rul
asphalt slurry seal to each designated street in half-street applications, and restriping al
roads to original conditions.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Thc
Representative shall be the individual determined under section 7-6, “The Cor
Representative”, SSPWC. No separate payment for these meetings will be made.
*
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall providc
notice to the Engineer within two hours of the beginning of any period that the Contractor ha
any workers or equipment on standby for any reason that the Contractor has determint
caused by the Agency or by any organization that the Agency may otherwise be obligated
Contractor shall provide continuing daily written notice to the Engineer, each worki
throughout the duration of such period of delay. The initial and continuing written notic
include the classification of each workman and supervisor and the make and model of each
equipment placed on standby, the cumulative duration of the standby, the Contractor’s 01
the cause of the delay and a cogent explanation of why the Contractor could not avoid the
reasonable means. Should the Contractor fail to provide the notice(s) required by this se
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefc
6-7 TIME OF COMPILETION. Add the following: The Contractor shall diligently prose(
work to completion within thirty (30) working days after the starting date specified in the K
Proceed.
6-7.2 Working Day. Unless otherwise approved in writing by the E
or noted herein, the hours of work shall be between the hours of 7:OO a.m. and 500 Mondays through Fridays, excluding Agency holidays. Work hours on Carlsbad Villa1
(formerly Elm Avenue) shall be between the hours of 9:00 a.m. and 5:OO p.m. The Contrac
Add the following:
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*m p,s 2/26/97 Contract No. 3527-S Page 50 of
obtain the written approval of the Engineer if the Contractor desires to work outside said hou
any time during weekends and/or holidays. This written permission must be obtained at I(
hours prior to such work The Engineer may approve work outside the hours and/or days
herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to t
interests of the Agency. The Contractor shall pay the inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this sectio
Construction Schedule required by section 6.1. No additional payment, adjustment of bid p
adjustment of contract time of completion will be allowed as a consequence of the prohit
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted f
(1) year after recordation of a "Notice of Completion" and any faulty work or materials disc
during the warranty period shall be repaired or replaced by the Contractor, at its expense. 7
five percent of the faithful performance bond shall be retained as a warranty bond for the or
warranty period.
6-9 LIQUIDATED DAIMAGES. Modify the last sentence of the first paragraph and the first s
of the second paragraph and add the following: For each consecutive calendar day in e:
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrac
pay the Agency, or have withheld monies due it, the sum of five hundred ($500.00) dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor I
hundred ($500.00) dollars per day is the minimum value of costs and actual damages cause
Contractor to complete the Work within the allotted time. Any progress payments made i
specified completion date shall not constitute a waiver of this paragraph or of any damages.
0
e SECTION 7 - RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insu
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc
conduct business in the state of California and are listed in the official publication of the Del
of Insurance of the State of California.
74 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance
placed with insurers that are admitted and authorized to conduct business in the state of (
and are listed in the official publication of the Department of Insurance of the State of Cz
Policies issued by the State Compensation Fund meet the requirement for workers' comp
insurance.
7-5 PERMITS. Except as specified herein the ag
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and buildins
necessary to perform work for this contract on Agency property, in streets, highways (excc
highway right-of-way), railways or other rights-of-way. Contractor shall not begin worC
permits incidental to the work are obtained. The Contractor shall obtain and pay for all pc
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 1
Modify the first sentence to read:
7-8 PROJECT SITE [MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requir
shall also be executed on weekends and other non-working days when needed to pre!
health safety or welffare of the public. The Contractor shall conduct effective cleanup @
e- p,s 2/26/97 Contract No. 3527-S Page 51 of
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 fou water used for the construction, plant establishment, maintenance, (
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
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be E
with mufflers in good repair when in use on the project with special attention to the Ci
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
*
Said costs
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following:
7-10.1 The Contractor shall not seal any street on the same day as refuse collection occurs
At least two weeks prior to work, Contractor shall send notification letters to all property ac
on which sealing shall1 occur. Letters shall be in a format as shown in Appendix "A".
During sealing operations, the Contractors schedule for slurry seal application shall be desic
provide residents whose streets are to be sealed sufficient paved parking within an l
distance from their homes.
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, dl
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 device:; as may be required herein, the Engineer may, at hidher sole optia
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.
Add the following section:
7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices in:
placed to provide traffic control, direction and/or warning shall be furnished, installed, mi
and removed by the Contractor when no longer required. Care shall be used in pc
excavation for signs in order to protect underground facilities. Warning and advisory s
remain in place overnight shall be stationary mounted signs. Stationary signs that warr
existant conditions shall be removed from the travelled way or shielded from the vie!
travelling public during such periods that their message does not pertain to existing condit
excavation required to install stationary construction area signs shall be performed
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*m tS 2/26/97 Contract No. 3527-S Page 52 of
methods without the use of power equipment. Warning and advisory signs that are used onl!
working hours may be portable signs. Portable signs shall be removed from the travelled v
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 Vehiclc
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformar
the provisions in Section 12-3.066, “Portable Signs”, of the CALTRANS Standard Specifical
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized shec
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrort
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be inst
on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same n
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadsic
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at le;
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting star
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall nc
made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post boles are backfilled around the posts with 5( 2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for ea( square meters of sign area.
For wood posts post :size and number of posts shall be as shown on CALTRANS Standard I
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axi diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless c
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminur
Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The u
be capable of being delivered to the site of use and placed in immediate operation. Sign F
portable signs shall conform to the requirements of sign panels for stationary mounted sign
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton d
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used c
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 Sigi
height to the bottom of the sign panel above the edge of traveled way shall be at least 0
parts of the sign standard or framework shall be finished with 2 applications of an orang
which will match the color of the sign panel background. Testing of paint will not be re(
portable signs are dnsplaced or overturned, from any cause, during the progress of the
Contractor shall immediately replace the signs in their original locations.
e
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@= aS 2/26/97 Contract No. 3527-S Page 53 of
Add the following section:
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 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 F delineators are used during the hours of darkness, they shall be affixed or covered with r
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 w
(2) feet from any traflk lane occupied by traffic. For equipment the two (2) feet shall be rr from the closest approach of any part of the equipment as it is operated and/or maneu
performing the work. This requirement may be waived when the Engineer has giver
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 (
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 travel
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 %-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 shall
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mol
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 the entire construction, a minimum of two pavc
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic pro\
directional travel, on Monroe and Carlsbad Village Drive.
On all other streets to be sealed, Contractor shall maintain at least one paved lane open,
the use of a flagger or other method approved by the Engineer.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists c
traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual (
Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these
Provisions. The provisions in this section will not relieve the Contractor from its respon
provide such additional devices or take such measures as may be necessary to mainta
safety.
When lanes are closed for only the duration of work periods, all components of the traffi
system, except portable delineators placed along open trenches or excavation adjacei
traveled way, shall be removed from the traveled way and shoulder at the end work perio
Contractor so elects, said components may be stored at selected central locations, approvc
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During tral
operations, traffic shall be controlled with lane closures, as provided for under "Traffic
System for Lane Closure" of these Special Provisions or by use of an alternative traffic coi
proposed by the Coritractor and approved by the Engineer. The Contractor shall not st,
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striping operations using an alternative plan until he has submitted its plan to the Engineer
received the Engineer’s written approval of said plan.
Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation :
furnished, placed, maintained and removed in accordance with the minimum standards spe
Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever t
causes obliteration of pavement delineation, temporary or permanent pavement delineation
in place prior to opening the traveled way to public traffic. Lane line or centerline pi
delineation shall be provided at all times for traveled ways open to public traffic. All work ne
including any required lines or marks, to establish the alignment of temporary pavement de
shall be performed by the Contractor. When temporary pavement delineation is removed,
and marks used to establish the alignment of the temporary pavement delineation shall be I
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose I
Temporary pavement delineation shall not be applied over existing pavement delineation
temporary pavement delineation. Temporary pavement delineation shall be maintair
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engin
temporary pavement delineation conflicts with the permanent pavement delineation or wit
traffic pattern for the area and is no longer required for the direction of public traffic.
temporary pavement delineation is required to be removed, all lines and marks used to (
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 new Traffic Conti
(TCP) for the Engineer’s review for any construction activities for this project. The Contrac
obtain the Engineer’s approval of the TCP prior to implementing them. The Engineer may c
modify, add to or supplement the TCP. The level of detail, format and graphics sh:
reasonable quality and a size no less than 1” = 100’. All expenses and time to prepare an
such TCPs shall be included in the lump sum bid for traffic control and no additional payme
made therefor. Such modifications, supplements and/or new design shall meet the require
the “MANUAL OF TRAFFIC CONTROLS, 1996 Edition as published by the State of (
Department of Transportation and of the Engineer. Such modification, addition, supplemer
new design shall be prepared by a professional engineer appropriately registered in the
California. The Engineer shall be the sole judge of the suitability and quality of a
modifications, supplements, and/or new designs. The Engineer may approve ai
modifications, supplements, and/or new designs to the traffic control plans when, in his,
opinion, such modifications, supplements, and/or new designs to the traffic control plans
by the registered engineer retained by the Contractor will be beneficial to the best intere:
Agency. Such modification, addition, supplement, and/or new design shall not be impleme
no work shall be conimenced that is contingent on such approval until the changed traffi
plans are approved by the Engineer. The preparation of such modification, addition, sup
and/or new designs shall not presuppose their approval or obligate the Agency in any
Submittal and review requirements for such modifications, supplements, and/or new desii
conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment.
The contract lump sum price paid for “traffic control” shall include full compensation for furn
labor (including flagging costs), materials (including signs), tools, equipment and incidental:
doing all the work involved in preparation, reproduction and changing of traffic control plans
e
a
The Contractor shall provide traffic control at the contract lump sum
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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 sp~
these special provisions, and as directed by the Engineer. Flagging costs will be paid for i
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 fol
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 progres
work, all necessary safeguards for the protection of workers and public, and shall use day
warning against hazards created by such features of construction as protruding nails, hoi
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect I
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or
materials, such as borrow pits or gravel beds, for use in the proposed construction proje
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the CI
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become cc
of the contract.
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SECTION 9 - MEASUREMENT & PAYMENT
9-3 PAYMENT.
e
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 1
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
of the supplemental payment request, the Engineer shall, as soon as practicable after
determine whether the supplemental payment request is a proper payment request.
Engineer determines that the supplemental payment request is not proper, then the requc
be returned to the Contractor as soon as practicable, but not later than seven (7) days after
The returned request shall be accompanied by a document setting forth in writing the reasc
the supplemental payment request was not proper. In conformance with Public Contra(
Section 20104.50, the City shall make payments within thirty (30) days after receip
undisputed and properly submitted supplemental payment request from the Contractor. If F
of the undisputed supplemental payment request is not made within thirty (30) days after re
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate :
in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 0
4- aS 2/26/97 Contract No. 3527-S Page 56 of
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agenr
retain 10 percent of such estimated value of the work done and 10 percent of the value of m
so estimated to have been furnished and delivered and unused or furnished and stc
aforesaid as part security for the fulfillment of the contract by the Contractor, except that time after 20 percent of the work has been completed, if the Engineer finds that sati:
progress is being made, the Agency may reduce the total amount being retained from p
pursuant to the above requirements to 5 percent of the total estimated value of said wc
materials and may also reduce the amount retained from any of the remaining partial payn
5 percent of the estimated value of such work and materials. In addition, on any partial p made after 95 percent of the work has been completed, the Agency may reduce the
withheld from payment pursuant to the requirements of this Section to such lesser amount:
Engineer determines is adequate security for the fulfillment of the balance of the work at-
requirements of the contract, but in no event will said amount be reduced to less than 125
of the estimated value of the work yet to be completed as determined by the Engineer
reduction will only be made upon the written request of the Contractor and shall be appr
writing by the surety on the Performance Bond and by the surety on the Payment Bon
approval of the surety shall be submitted to the Engineer; the signature of the person execu
approval for the surety shall be properly acknowledged and the power of attorney authoriz
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 inspec
Engineer will make a Final Payment Estimate and process a corresponding payment. This
will be in writing and shall be for the total amount owed the Contractor as determinec
Engineer and shall be itemized by the contract bid item and change order item with quanl
payment amounts and shall show all deductions made or to be made for prior paymt
amounts to be deducted under provisions of the contract. All prior estimates and progress p
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate
written statement disputing any bid item or change order item quantity or payment amoL
Contractor shall provide all documentation at the time of submitting the statement suppi
position. Should the Contractor fail to submit the statement and supporting documentatic
the time specified, the Contractor acknowledges that full and final payment has been mal
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned
Engineer will review the disputed item within 30 calendar days and make any ap
adjustments on the Final Payment. Remaining disputed quantities or amounts not approve
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to 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.
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 bt
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.
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Notice and Report, c)r 6-7.3 Contract Time Accounting, unless the Contractor has comp
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor and it will be the responsibility of the Contractor to furnish within a reasonable time sucl
information and details as may be required by the Engineer to determine the facts or cor
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
Payment for claims s17all be processed within 30 calendar days of receipt of the written statc
further information, whichever is longer, for those claims approved by the Engineer. The CC
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho:
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will be included in the progress estimate.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forly percent
the amount bid for Mobilization And Preparatory Work will be allowed. For the second
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparal
will be allowed therefor.
e
The cost of materials and equipment delivered but not incc
dD
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SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
PART 2, CONSTRUCTION MATERIALS
e CONSTRUCTION
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as 1
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 Specifia
8010-21C-19. Glass beads to be applied to the surface of the rapid dry water borne paini
molten thermoplastic material shall conform to the requirements of CALTRANS SpecifiE
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 958’1 9, telephone number (916) 227-7000.
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SU PPLEM E NTAL P ROVlSlONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
*
SECTION 310 - PAINTING
310-1 GENERAL.
31 0-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delete
310-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall cc
the Plans; the State of California Traffic Sign Specifications; the State of California Depai
Transportation Standard Specifications, January 1995, Sections 56, 82, 84, and 85; only ir
they relate to construction materials and methods and the State of California Depar
Transportation Traffic Manual, all as supplemented and modified herein. All requirements c
of the SSPWC and these Special Provisions shall remain in full force and shall not be sui
by the CALTRANS Standard Specifications.
Contractor shall re-stripe the streets listed in section 2-6.1, per Chapter 6 of the Caltrar
Manual, unless otherwise noted.
Add the following section:
310-5.6.5 Traffic Stripes and Pavement Markings. Traffic stripes and pavement mar
indicated and required shall conform to the requirements specified in CALTRANS
Specifications Section 84 only insofar as they relate to construction materials and meth
except:
a) The Contractor shall lay out (cat track) immediately behind installation of surface coursl and as the work progresses. The first coat of paint shall be done immediately upon ap
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 da and all streets shall include raised pavement markers; temporary striping shall be applic
coat minimum.
e) All existing pavernent striping and markings on areas to be slurry sealed shall be rer grinding by the 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, F
markings and traffic signs as indicated and required shall be included in the lump-sum pric
final signing and striping, and no additional compensation will be allowed therefor. The I1
prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing
in installing the traffic signing and striping.
4- p,s 2/26/97 Contract No. 35274 Page 60 of
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310-5.8 Markers arid Delineators. Markers and delineators shall conform to the matei
installation requirements specified in CALTRANS Standard Specifications Section 82.
Add the following section:
MARKERS, AND TEMPORARY RAILING (TYPE K).
Add the following section:
31 0-6.1 General. Temporary pavement delineation consisting of temporary traffic
temporary pavement markings, and temporary pavement markers shall be applied at the 1
shown on the plans. The temporary traffic stripe, temporary pavement marking, and te
pavement markers shall be complete in place at the location shown, prior to opening the
way to public traffic. 'Temporary traffic stripes shall be applied in one coat. Temporary traffi
shall be maintained by the Contractor so that the stripes are clearly visible both day ai
Reapplication of the stripes and markings shall be repainted at the Contractor's expense.
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 -8140.
Stimsonite Chip SealRemporary 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 insi
Temporary pavement markers shall be cemented to the surfacing with the adhesive recon
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 ren
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 p;
temporary pavement markers.
Add the following section:
31 0-6.1 .I Measureiment and Payment. Temporary traffic striping and markings show
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 compeni
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, COI
place, as shown on the plans, as specified in the Standard Specification and thesc
provisions, and as directed by the Engineer.
Full compensation foir furnishing, placing, maintaining, and removing the temporary reflecti
pavement markers, used for the temporary laneline and centerline delineation which is nl
31 0-6 TEMPORARY' TRAFFIC SIGNING, STRIPING, PAVEMENT MARKINGS AND PA\
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on the plans, including the signing specified for "no passing" zones; and for providing eqi
patterns of the permanent traffic lines when required; shall be considered as included in thi
sum prices paid for that item of work.
Add the following section:
Add the following section:
31 0-6.2 Channelizers, Channelizers shall be new surface-mounted type and shall be fui
placed, and maintained at the locations shown on the plans and shall conform to the provi
Section 12, "Construction Area Traffic Control Devices", of the CALTRANS Standard Specif
and these special provisions. Channelizers shall be, at the Contractor's option, one of the fc
types, or equal:
0
Type Manufacturer of Distributor
Safe-Hit Sti236MA Safe-Hit Corporation
1930 West Winton Avenue, Building #I 1
Hayward, CA 94545
Telephone (41 5) 783-6550
Carsonite International Corporation
2900 Lockheedway
Carson Engineer, NV 89701
Telephone (702) 883-5104
Western Highway Products
P.O. Box 7
Stanton, CA 90680 a Telephone (800) 422-4420
Carsonite "Super Duck" SDF-436
Rep0 "The Replaceable Post"
Channelizer shall provide the Engineer with a Certificate of Compliance in accordance
provisions of Section 6-1.07, "Certificates of Compliance", of the CALTRANS $
Specifications. Said certificate shall certify that the channelizers comply with the pl;
specifications and conform to the prequalified design and material requirements approve(
engineer and were manufactured in accordance with the approved quality control program.
At the option of the Contractor, channelizer bases may be cemented to the pavement using
bitumen adhesive and in the same manner provided for cementing pavement markers to p
in the section of these special provisions entitled "Pavement Markers".
Add the following section:
310-6.2.1 Payment. The price paid for channelizer (surface mounted) shall be included in t
sum price for traffic control and include full compensation for furnishing all labor, materiz
equipment, and incidentals, and for doing all the work involved in furnishing and pk
channelizers as shown on the plans, as specified in the CALTRANS Standard Specifical
these special provisions, and as directed by the Engineer.
Add the following section:
31 0-6.3.1 General. The Contractor shall provide and install all temporary traffic conti
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 1
sum price bid for temporary traffic control, and no additional compensation will be allowed tl @
*- r,s 2/26/97 Contract No. 35274 Page 62 of
SIEVE SIZE
318"
No. 4
No. 8
No. 16
No. 30
No. 50
No. 100
No. 200
PERCENT BY WEIGHT
PASSING SIEVE
100
97-1 00
85-92
60-75
35-50
15-30
10-20
---
600-4.1.3. Additives. After mixing the rubberized asphalt emulsion and aggregi
Contractor may add substances up to one percent of the rubberized asphalt emulsion by VI
modify viscosity, setting and curing characteristics. Additives shall be compatible wii
components of the slurry mix and shall be added only at the mixing plant.
600-4.2. Mix Design Submittal.
subsection 600-1.2 is required. The Contractor shall not order materials until the mix d
approved by the Engineer.
600-4.3. Quality Requirements. Rubberized asphalt emulsion shall meet the f
quality requirements:
e
A mix design for the rubberized asphalt slurry
Viscosity, 77OF., Brookfield, #6 Spindle at 10 rpm (cps) 1500 Min.
Residue by I3istillation, YO 50 Min.
Granular Rubber Content, LbdGal 0.55 Min.
Sieve Test '36 0.10 Max.
Particle Charge Anionic
Test on Residue from Distillation:
Penetration, 77"F., 100 g., 5 sec.
Percent Soluble in Trichlorethylene
40 Max.
75 Min.
600-4.4 A central mixing plant shall be used to mix the rubberized
emulsion and aggregate. The mixing tank shall have a minimum capacity of 2,000 gallon:
equipped with load cells and a full sweep agitator. The pre-wetted aggregate shall be add6
tank slowly and continuously until a mixture of the required weight of aggregate for every l
rubberized asphalt emulsion is obtained. The rate of mixing shall be approximately 10-12 pi
aggregate to each gallon of rubberized asphalt emulsion. The exact ratio shall be detern
the Contractor and shall be held constant for the entire project.
600-4.5 Application. Prior to placing and spreading rubberized asphalt slu
Contractor shall prepare the pavement per subsection 302-2.2. Surface preparation is incic
the work and no additional payment will be made therefore. The slurry shall be applied only
1)
2) 3) Rain is not eminent.
The rubberized asphalt slurry shall be applied at a rate of approximately 0.20 gallons pe
yard. The exact application rate shall be determined by the Contractor and shall be held
for the entire project. Prior to applying the rubberized asphalt slurry seal, the Contractor st-
the application rate on a test section of street designated by the Engineer. An agreed ul
shall be measured and the rubberized asphalt slurry seal shall be applied to that area
Contractor proposes to use a meter to verify the number of gallons applied over the de
area, the Contractor shall first verify the accuracy of the meter by pumping slurry material in
of known volume. The tank shall have a circular or rectangular cross-section. The Contra
propose an alternative method of verifying the application rate subject to approval by the E
The pavement surface shall be pre-wet before applying the rubberized asphalt sluri
rubberized asphalt slurry shall be applied in a continuous operation and the Contractor
begin application of the slurry until the Engineer agrees a continuous application can be mal
Mixing. e
Atmospheric temperature is above 60°F and pavement temperature is above 55°F.
The pavement is clean and dry.
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600-4.6 Spreading Equipment. The rubberized asphalt slurry shall be appliet
distributor truck with an attached mechanical type squeegee box. The box shall be equippc
flexible material where surface contact is made to prevent the loss of slurry material. The di
truck shall be equipped with a pressurized water system and fog-type spray bar positioi
immediately ahead of the spreader box to pre-wet the pavement surface. The distributor trL
be equipped with a device that enables the Engineer to safely and cleanly draw a one gi
sample. The sample shall weigh no less than 11.3 Ibs/gal and no more than 12.7 Ibs/gal.
Contractor shall not he permitted to modify the material in the distributor in any way in order
this specification and the rubberized asphalt slurry seal in the distributor truck shall be rejc
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APPENDIX “A” e SAMPLE LETTER
XYZ, INC.
As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will bc
with a mixture of asphalt and sand, beginning in two or three weeks. This process requi
your street be closed for one day from 7:OO a.m. to 500 p.m. You will be notified 72 t
advance of the day your street will be closed by a brightly colored 3 %” x 8 %” card attached
doorknob. You will also notice temporary no parking signs on your street with a specific no
date written on it.
A successful street maintenance program depends on your cooperation. Please do not dri\
play or skate on the sealed street until it has dried. Furthermore, please do not wash yo[
turn on any sprinklers while you are waiting for the seal to dry. If you don’t plan to leave yo
by 7:OO a.m. on the day your street will be sealed, and you need to use your vehicle, ple:
your car on an adjacent street in your neighborhood that will not be closed for sealing
walking to and from your car, remember not to walk on the newly sealed street or you \
black residue on the bottom of your shoes. The seal could take anywhere from three to six
dry, depending on temperature and thickness of the seal.
is the Contractor that will be performing the resurfacing work for the
for any questions you may have about the you may call them at
Sealing of your streel: will not occur on the day your trash is collected. Furthermore, your r
be delayed one day. You will not know the exact date your street will be closed until you re(
3 %” x 8 %‘‘ card. If you have a moving company scheduled to come to your house in tw
please call and inform the Contractor of the date. Streets will not be sealed on a Saturday
or City Holiday. If you have any concerns which cannot be addressed by the Contractor,
call the City’s Engineering Inspection Department at 438-3891.
The City of Carlsbad has some of the finest streets in the county due to the con(
cooperation of citizens like you. Again, your cooperation is greatly appreciated.
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1
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CITY OF
PROJECT
1997 STREET s
AREA OF WORK
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