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HomeMy WebLinkAboutSchaefer Construction; 1987-08-19; U/M 14x r CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS for 1986-87 CURBS, GUTTEW AND SIDEWALKS REPLACEMENT PROGRAH , CONTRACT NO. U/M-14 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS PROPOSAL 1 3 BIDDER 'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 RIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY IO BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT - PUBLIC WORKS CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION 12 17 CONTRACTOR'S CERTIFICATION OF AWRENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 17 LABOR AND MATERIALS BOND PERFORMANCE BOND CONTRACTOR'S CERTIFICATION OF COMPLIANCE GENERAL PROVISIONS SPECIAL PROVISIONS/SPECIFICATIONS STANDARD DRAWINGS LOCATION LISTING AND SPECIFICATIONS MAPS OF AREAS OF CONSTRUCTION 18 20 22 23 29 32 38 43 , . CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasinq Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:OO PM on the 13th day of July, 1987, at which time they will be opened and read for performing the work as follows: 1986-87 Curbs, Cutters and Sidewalks Replacement Program CONTRACT NO. U/M-14 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file with the City Clerk. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contracts Code Section 2O170), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Enqineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Enqineer's Estimate is $61,000.00. Work is anticipated to take place during September and October, 1987, and take approximately four (4) weeks to complete. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. -2- I I Sets of Contract- documents may be obtained at the Purchasinq Department, City Hall, Carlsbad, California, for a nonrefundable fee of $7.35 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailina rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be resDonsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work. A prebid meeting will be held on Monday, 3uly 6, 1987 at 9:OO A.M. at the Utilities and Haintenance Administration Conference Room, 2075 Las Palmas Prive, Carlsbad. Projecct sites should be toured by potential bidders prior to prebid meeting. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent and fifty percent, respectively, of the Contract price will be required for work on this project. The contractor shall be required to maintain insurance as specified in the contract. Any additional cost of said insurance shall be included in the bid price. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 7IIG , adopted on the /d ? day of JCSI G . 1987 . -3- CITY OF CARLSRAO CONTRACT NO. IJfM-14 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares hefshe has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. UfM-14 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that helshe will take in full payment therefor the following unit prices for each item . complete, to wit: It ern Descr ip t ion with Approximate Item Unit Price or Lump Sum Ouantfty [In it - No. Price Written in Words & Unit Price TOTAL 1. Type "G" concrete curbs PC gutters including fine grade complete in place at & no Cents $10/LF $22,890. per lineal foot. 2,289 L.F. ten Dollars ~. 2. 4" PCC sidewalks including fine grade complete in place at thre'e Dollars & no Cents per square foot. 4,170 S.F. $3/SF $12,510. 3. 5 1/2" PCC driveway and approcahes including fine grade complete in place at three Dollars & fifty Cents per square foot. 1,028 5.F. $3.50/SF 3,598. Item Oescript ion with Approximate Item Unit Price or Lump Sum Quantity Unit - No. Price Written in Words k Unit Price TOT4L 4. 7 1/2" PCC crossoutter including fine arade co lete in place at Your Dollars & no Cents per square foot. 501 S.F. $4/SF $ 2,004.00 5. Sidewalk removal at one Dollars $1/SF $ 4,170.00 & no Cents per square foot. 4,170 S.F. 6. Curb and autter remval at - three Dollars dr no Cents per lineal foot. 2,289 L.F. $3/LF $ 6,867.00 7. Driveway and approach removal at one Dollars per square foot. 1,028 S.F. & no Cents $1/SF $ 1,028.00 8. Tree stumps removal at two hundred Dollars & no Cents $7OO/e.a $ 2,400.00 per stump. 12 each 9. 5 112" PCC cross qutter removal - at one Dollars & fifty Cents $1.50/SF $ 751.50 per square foot 501 S.F. 10. Sidewalk underdrain pipe includinq fine qrade, complete-in lace at- & nn Cents Lump Sum Dollars $1000.00 $ 1,000.00 one khousan 8 Total amount of bid in words: fifty-seven thousand two hundred eiqhteen and fifty cents. -- Total amount of bid in numbers: $ 579218*50 Addendum (a) No(s) none haslhave been received and islare included in this proposal. -5- 411 bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and fiqures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The Undersiqned has checked carefully all of the above fiqures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in makinq up this bid. The Undersigned agrees that in case of default in executinq the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of Award of Contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 346776 Identification C-8 Concrete - Scha%fer Construction The Undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, aaents, or employees has induced himlher to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof -. by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bond (Cash, Certified Check, Bond. or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured aqainst liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract. The Undersiqned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of waqes for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Greg Schaefer For Schaefer Construction Phone Number Bidder's Name (619 )*753-4273 7-13-87 Date 7//3/ 87 / I Authorized S idnat ur e 657 Quail Gardens Dr Encinitas, Ca 92024 Individual Bidder's Address Type of Organization (Individual, Corporation, or Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: I .. 1- .before me, the undersigned a Notary Pubb in and for SAN DIEGO 1 STATE OF CALIFORNIA COUNTY OF on said State, personalb appeared Tiilv 13, 1987 G SCWEEER as ALL SCHAEFER CONSTRUCTION----- ! - Y ? #VITNESS my hand and official seal. m-&M$c proved to me on the basis of satis- factoryevidewe) to be the person(s)whose name(s) is/aresub- scribed to the within instrument and acknowledged to me that helshelthey executed the same. (This area for official notarial seal) PRINCIPALS '. Bond-# 1095068 -7- BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS 8Y THESE PRESENTS: That we ~schhefer m-tion 9 as Principal, and-e ~0 mDanY , as Surety, are held and firmly bound unto the City- of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 10% of the bid rrot to exceed Six Thousand and NO/lOO ($6,000.00) for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: 1986-87 Curbs, Gutters and Sidewalks Replacement Proqram Contract No. U/M-14 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, beinq duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13 day of Julv 9 19 87 Corporate Seal (If Corporation) Schaefer Construction Principal STATE OF CALIFORNIA, COUNTY OF ORANGE ss. JuL 1 8 ?987 before me a Notary Public, within and for the said On I County and State, personally appeared John L. Beall , known to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney in Fact. -- 1 /- 1 .- AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 KNOW ALL MEN BY THESE PRESEN does hereby make, constitute and appoint its true and lawful Attorney@)-in-Fact, deliver and affix the seal of the com ORPORATION and to bind AMWEST SURETY Article 111, Section This Power of A signature of any authorized off or certification thereof authorizi t as though manually affixed IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of- April 19-. 85 ficer. and its corporate seal to be hereunto affixed this lSt day of AMWEST SURETY INSURANCE COMPANY Gary R Peterson. President 7 Karen G Cohen, Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss 85 Gary R. Peterson On this lst day of April AD.. 19-, personally came before me and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY, CALIFORNIA'who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. (SEAL) LOS ANGELES COUNTY STATE OF CALIFORNIP.. COUNTY OF LOS ANGFLES - ss CERTIFICATE secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and further- more, that the provisions of the By-Laws of the company and the Resolutions of the board of dlrectors set forth In the Power of Attorney, are now in force. I, the undersigned, ,, .- Signed and sealed at JUL 1 3 1987 -. this -day of 19-. -9- DESIGNATION OF SURCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Rusiness of Full Company Name License & No. License No.+ Bid (S or 9;) Notice: No sub-contract bids were necessary as all work to be performed will be thru employees of Schaefer Construction. ‘* 70 valid license, +Licenses are renewable annita1 1 Itairred prior to \ STATE OF CALIFORNIA )sa COUNTY OF On said State, personal)y appeare- chaefer as sole Construction owner of Schaefer DTEGO before me, the undersigned, a Notary Public in and for -mliSmr proved to me on the basis of satis- tactory evidence) to be the person@) whose namds) tslare sub scribed to the withln mstrument and acknowledged to me that li helshelthey executed the same. 1 1 WITNESS my hand and official seal. (This area for official notarial sear) ructio ny Name 3ns Dr te Address 92024 + iq .ature - 10 - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of hislher financial responsibility. See attached sheets (1) Personal Financial Statement June 27, 1987 (2) Statement of Revenue and Expenditures Year Ended December 51, in6 STATE OF CALIFORNIA sm DIEGO Iss. COUNTY OF I On July 13, 1987 .before me, the undersigned, a Notary Public in and for said State. personally appeared GREG SCHAEFER as sole owner of SCHAEFER CONSTRUCTION----- - E 5 5 a pW proved to me on the basis of sati lactory evidence) to be the person(s) whose name@) &/are su WFICIAL SEAL 0 , .D NOTARY Waiic. CALIFORNIA ? z scribed to the within instrument and acknowledged to me th fWf?MA K GARRISON It hetshelthey executed the same. PRINCIPAL OFFICE IN SAN DIEGO COU W .- 3- WITNESS my hand and official seal. nhis area for official notarial seal) PERSONAL FINANCIAL STATEMENT GREG & RUTH SCHAEFER June 27, 1987 ASSETS LIABILITIES Cash in Bank Savings In Bank Total Current Assets Real Estate (see 950.00 Notes Payable to Bank 0 Due to Relatives 0 3 , 950 .OO Real Estate Mortgages(due 1 year) 0 Notes Secured By Personal Prop 0 Other Liabilites 0 3,000.00 Accounts & Bills Payable - 5,635.00 Income Taxes Due 0 Schedule ) 325,000.00 Cash Surrender Life Total Current Liabilities 5,635.00 Automobiles 24,000.00 Mortgages Due After 1 year 169,500.00 0. 0 ther Assets Other Liablities (auto loan) 8,300 .OO TOTAL LIABILITIES 183,435.00 Insurance 1,000.00 Notes & bill after one year '86 Chevy Blazer '77 De Ville Cad Diamonds & Jewlrey 8,000.00 Personal Property 16,000.00 Electronic Ea 3.000.00 Net Worth Sporting GOO& 5 ; 000.00 Total Assets 385,950.00 TOTAL 202,515.00 385.950.00 - I-- Are The assets yeld in joint tenancy. held by both Greg & Ruth Schaefer Are we liable for any endorsements or guarantees? NO YES ANNUAL INCOME & EXPENSES FROM Income Ruth 54 , 000 Greg 30 , 000 Rentals 14,400 Interest 200 Child Support 4,320 TOTAL INCOME : $1 02,920 1987 to 1988 (expected ) Expenses Interest 3,000.00 Taxes & Assessments 12,500.00 Upkeep on Real Estate 1,500.00 Payments Mortgages 26,808.00 Personal Living Exp 12,000.00 Payments Other (auto & Bills)12,312.00 MedicaUMisc 3 000.00 Total Expenses Fi%m= ~~ ~~~ ~ INSURANCE Fire Insurance on Buildings (value) $106,000 $400/year - State Farm Ins. Health Insurance -- no cost to us thru Ruth's Employer - MAssachusetts Mutual Accident Insurance -- value Ruth - $200,000 Life Insurance -- value Ruth - $200,000 Automobiles - Fire & Theft/Public Liability/Collison & Property Damage is $200.00 Greg -- $100,000 - All State Insurance Greg - $200,000 - All State Insurance and Modern Workman deductable policies thru State Farm Insurance NOTE: This financial statement does not reflect assets (Capital) owned as part of Schaefer Construction including cash in bank, equipment, etc. e m r m 'U z 8 m .. h 0 W 4 u1 W 0 -E Iu 4 w 2 v 8 % * m 0 LA cn * =d c r-3 X u1 -@ 4 0 I ul 03 ul Y --L U * el 0 \ Iu 4 \ 03 4 m .. .. (Do 57 cryl v1 *. zz 00 .. f .. n 7 (D 09 v 2 (D 7 i5 m .. u ul 5 Lm G 6 is 7 cr P cn rt .. 7 7 F- (D a uu 00 cccc 22 P,P, 5. 5. PW PP .. .. zz 00 L- 7 (D cc 2 P (D P, (I, 2 P, 3 r 7 0 P, P 0 7 21 0 7 cn 0 P 21 'd (D 7 r+ cc 2 3 .. z 0 H (I, ? 6 cc (I, c1. (D 0 cr a (D 0 P DJ 7 P, e P- O 3 0 r 3 0 (I, ct 0 P, a 4 z 0 w c3 P, P cn 4: Iu u1 4 u1 0 0 u W Iu ul 0 0 0 u A 0 u3 0 0 0 I Iu Iu w .r 0 0 cd (D a 7 P. 0 7; ', INCOME OPERATING EXPENSES SCHAEFER CONSTRUCTION STATEMENT OF REVENUE AND EXPENSITURES FOR YEAR ENDED DECEMBER 31, 1986 Sub Contractors Materials Auto & Truck Expenses Operating Supplies Repairs & Maintenance Telephone Professional Fees Equipment Rental Advertising Taxes & Licenses Insurance Dues & Subscriptions Interest Travel & Entertainment Bank Charges Office Expense Rent Small Tools Deprecia'lon Expense Total Operating Expenses 120,626.50 31,852.85 15,940 -77 9,635.38 3,115.95 644.84 2,738.92 3 , 563.65 570.42 3,885.94 7,358.53 491 .OO 3,181.58 1,961.05 283.40 906.62 3,576.68 500.00 10 , 439.00 3 9 779 000 104,425.58 NET PROFIT 16,200.92 PREPARED WITHOUT AUDIT MOTHER LODE BOOKKEEPING, INC. 526 SECOND ST., ENCINITAS, CA 92024 6/27/87 - 11 - I I L 1 u- 'I ~ , BIDDER 'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I I I pi- - A+ ~nnc nt $325,{al IGradina/Sdabs I z m P al - "[ c t C tu .- 0 L E a The Ridder is required to state what work of a similar character to that included in the proposed Contract helshe ha,s successfully performed and give references, with telephone numbe-rs, which will enable the City to judge bidder's responsibility, experience and skill. An attachment can be used, if notarized or sealed. scr,md to the within instrument and acknowledged to me that he/she/they executed the same. I I I I I I II RESUME SCHAEFER CONSTRUCTION Gregory A. Schaefer 657 Quail Gardens Drive Encinitas, California 92024 619/753-4273 Wholesite Repairs & Improvements Phase I Gateway Village Housing; San Diego, Calif. Started: June 1985 General Contractor: Claude Atkins Enterprises Visalia, California Past Completed (partial list 1983 thru 1985) Alteration/Repair. Wherry Housing Phase I1 Castle Air Force Base; Atwater, Calif. Contract F04604-84-CQ003 r Started: June 1984 Ended : June 1985 General Contractor: Yamas Construction Sub-contract Amt: $6 12,000 S. San Francisco, Calif. Underground Fuel Storage Tank/Fire Lane/Loading Ramp/ Concrete Parking Area Stuart Radiator; Merced, Calif. Started: May 1984 Ended : July 1984 General Contractor: Schaefer Construction Contract Amt: $148,000 Encinitas, Calif. Alteration/Repair Wherry Housing Phase I Castle Air Force Base; Atwater, Calif. Contract F04604-84-BQ003-001 Started: January 1983 Ended : August 1983 General Contractor: Claude Atkins Enterprises Sub-contract Arnt: $335,000 Visalia, Calif. Jet Engine Test Cell Lemore Naval Air Station; Lemore, Calif. Contract Number LE-3176 Started: June 1983 Ended : October 1983 General Contractor: Hacon Inc. Sub-contract Amt: $50,546 (labor only) Irvine, Calif. Additional background on completed jobs available on request. c - 12 - COEITRACT - PUBLIC WORKS This agreement is made this 1987, by and between the City a municipal corporation, (hereinafter called "City"), -and Schaefer Construction whose principal place of business iS 657 nuail Gardens Drive : Encinitas. C A 92024 Thereinafter called "Contractor". ) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 1986-87 Curbs, Gutters and Sidewalks Replacement Program, Contract No. U/M-14 (hereinafter called 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Hotice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. The Contractor, herlhis subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interoreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 4. Payment. As full compensation for Contractor's performance * of work under this Contract, City shall make payment to the Contractor per Section 9.3.2 of the curren? edition of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. - 13 - Invoices from. the contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th clay of each month. Payments will be delayed if invoices are received after the 5th of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arisinq out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this Contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall he determined by litigation. 8. Immigration Reform and Control Act. Contractor shall comply with the reuuirements of the Immiqration Reform and Control - Act of 1986. 9. Prevailing Wage. Pursuant to the Labor Code of the State of California, the director of the Department of Industrial - 14 - Relations has. determined the general prevailing rate of per diem wages in accordance with Labor Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Lahor Code Section 1775, Contractor shall pay prevailinq wages. Contractor shall post copies of all applicable prevailing wages on the job site. 10. Indemnity. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damaae which was caused solely by the active negligence of the City; and from any and all claims, loss, damaqe, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorneys fees for litigation, arhitration, or other dispute resolution method. 11. Insurance. Without limiting contractor's indemnification, it is agreed that contractor shall maintain in force at all times during the performance of this agreement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 9. The policy or policies shall comply with the special insurance instruct ions in the Supplementary General Provisions and shall contain the following clauses: Contractor's liability insurance policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City.'' B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be cancelled, limited or non- renewed until after thirty days written notice has been given to the City." - 15 - 6. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees. Cert-if icates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 12. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 13. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 14. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act (Government Code Section 900 et seq.) prior to filing any lawsuit for breach of this contract or any claim or cause of action for money or damages. 15. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 16. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 17. Security. At the election of the City, securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. 18. Provisions Required by Law Deemed Inserted. Each and every ' provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any - 16 - such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith he physically amended to make such insertion or correction. 19. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and mqde a part hereof. (Seal) (Notarial acknowledgement of execution by ALL PRI"1CIPALS must be attached.) RY Title Rv City Attorney ATTEST: ( Individual) } ss. STATE OF CALIFORNIA COUNTYOF Sari Dieno On August 12, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared * *cron -- YI CrU** # personally known to me (or proved to me on the basis of satisfactory evidence) to be the person : whose name - subscribed to the within instrument and acknowledged that executed the same. he Alice E. May Name (Typed or Printed) FSD-067 - 17 - c CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured aqainst liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract .'I CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. "I am aware of the requirements of the Immigration Reform and Control Act of 1986 and have complied with those requiremnts, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract.'' (NOTARIZE OR CORPORATE SEAL 1 (Notarial acknowledgement of execution by all principals must be attached. >] j (Individual) COUNTY OF San Diego 4.. On August 12, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared * *Greg Schaefer ** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person __ whose name in subscribed to the within instrument and acknowledged that executed the same. he Name (Typed or Printed) FSD-067 EXECUTED .IN FOUR PARTS - ic - FOIU'D PREL4IIUivI BASED ON ' FINAL CONTRACT PRJCE KNOW ALL.. PERSONS BY WHEREAS, the City LABOR AND MATERIALS 90ND BOND#: 1095071 THESE PRESENTS: Council of the City of Carlsbad, State of California, by Resolution No. 9173 , adopted 7/ 28/87 , has awarded to Schaefer Construction (hereinafter designated as the "Principal"), a Contract for: 1986-87 Curbs, Gutters and SideHalks Rep lacement P roar am Contract No. U/M-14 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for, or about the performance of the work aareed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. 9 . Schaefer Construction NOW, THEREFORE, WE, as Principal, (hereinafter designated as the "Contractor"), and 9 as Surety, are held . firmly bound unto the City of Carlsbad in the sum of 1 -and tigentv five -den.ts . (S 28,609.251, said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. - l? - This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencinp with Sect ion 3082 1. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 11th day of August , 198 7 . - Schaefer Construction (Notarize or Corporate Seal for each Signer) Amh‘est Surety Insurance Company ad --- John L. Beall, Attorney-in-Fact W Surety i (Individual) STATE OF CALIFORNIA ) ss. COUNTY OF San Diego 6 ' on August 12, 1987 before me, the undersigned, a Notary Public in and for said $ t State, personally appeared * *Greg Schaefer" * G; WK I: personally known to me (or proved to me on the basis of satisfactory evidence) L*Y &A i to be the person __ whose name is 1 2 to the within instrument and acknowledged that *s , executed thesame, subscribed he LQ 2 I WITNESS myfdd-and official seal., j'c % I Signature Alice E.Py gl I STATE OF CALIFORNIA, COUNTY OF ss. On AU6 11 , before me a Notary Public, within and for the said County and State, personally appeared John L. Beall , known to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attorney -4 in Fact. EXECUTED IX FOUR PARTS -> BO!.ID PREMlUf4 BASED ON FINAL CONTRACT PRICE - 20 - PERFORMANCE BOND BOhD%: 1095071 PREMIUM: S1,030.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 9173 , adopted 7/28/87 , has awarded to *ha- Constrsction 9 (hereinafter designated as the "Principal"), a Contract for: 1986-87 Curbs, Gutters and Sidewalks Rep 1 acement Program Contract No. U/M-14 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about 'to execute said Contract and the terms thereof require the furnishinq of a bond for the faithful performance of said Contract; t as NOW, THEREFORE, WE, Schaefer Construction Principal , (hereinafter designated as the "Contractor"), and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fifty seven thousand two hundred eighteen dollars and.fiftycents (S57,218.50 ), said sum being equal to one hundred per cent (100%) of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly-to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. AmWest Surety Tnsurance Company t THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all thinas stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a pait of the obligation secured hereby and in addition. to the face amount specified therefore, there shall be included costs * and reasonable expenses and fees, including reasonable attornies fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included .i.n any judament rendered. - 21 - And said Surety, for value received, hereby stipulates and aarees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the. specifications accompanying the same shall affect its obligations on this bond, and it does hereby Naive notice of any change, extension of time, alterations or addition to the terms of the Contract, or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS \\'HEREOF, this instrument has been duly executed by the Contractor and Surety above named on the l~+hday of A~P~S~ ? 19 87 Schapfer Construction (Notarize or Corporate Seal for Each Signer) Aini?est Suretv Insurance Comany John L. Beall, Attorney-in-Fact ' Surety (Individual) STATE OF CALIFORNIA COUNTY OF San Diego on August 12, 1987 * before me, the undersigned, a Notary Public in and for said State, personally appeared *Grep - Schaefer ** . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person __ whose name is subscribed to the within instrument and acknowledged that executed the same. WITNESS my h he and official seal. Name (Typed or Printed) rrur Iu fmmulrl .mrul +.I) Signature 4k FSD-067 STATE OF CALIFORNIA, COUNTY OF u. e before me a Notary Public, within and for the said to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the AMWEST SURETY INSURANCE COMPWY thereto as Surety, and his own name as Attorney ? On A06 11 c County and State, personally appeared John L. Beall , known in Fact. __ ~ . .. ..... .. - 22 - CONTRACTOR'S CERTIFICATION OF COMPLIANCE I hereby certify that Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Proqram adopted by the Roard of Supervisors, includina all current amendments. (NOTARIZE OR CORPORATE SEAL ) Title (Notarial acknowledgement of execution by all principals must be attached.) (Individual) ,} ss. I STATE OF CALIFORNIA COUNTYOF San Diego August 12, 1987 before me, the undersigned, a Notary Public in and for said Z' u On 8 1 State, personally appeared * .#&-pg_SChaefpr ** v1 g; e ?: personally known to me (or proved to me on the basis of satisfactory evidence) subscribed e Name (Typed or Printed) FSD-067 - 23 - GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS , The Specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hreinafter designated SSPWC, as issued by the Southern Chapters of of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The standard drawinqs utilized for this project are the San - Diego Area Regional Standard Drawinqs, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Utilities and Maintenance Director: The title shall mean the Utilities and Maintenance Director or his approved representative. 8. Reference to Drawinqs: Where words "shown", "indicated", ftdetailed", "notedf', "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Utilities and Maintenance Director is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Utilities and Maintenance Director", unless stated otherwise. - 24 - 0. Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression, "in the opinion of the Utilities and Maintenance Director", unless otherwise stated. Where the words ' "approved", a p p r ov a 1 , "acceptance", or words of similar import are used, it shall be understood that the approval, accpetance, or similar import of the Utilities and Maintenance Director is intended. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at herlhis expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installina of materials that are indicated, specified, or required to mean that the Contractor, at herlhis expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 fo the SSPWC at the time of the preconstruction conference. No chanqes shall be made to the construction schedule without the prior written approval of the Utilities and Maintenace Director. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damges. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The contractor shall begin work within 5 or more work days, at the dis- cretion of the Utilities and Maintenance Director, after being duly noti- fied by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within the number of consecutive calendar days. - 25 - specified in. the "Notice to Proceed". If the completion date is not met, the contractor will be assessed the sum of $200.00 per day for each day beyond the completion date is liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans and specifications upon written order by the Utilities and Maintenance Director. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's direct ions, the Contractor shall obtain and distribute the necessary copies of such instruction, including two (2) copies to the Utilities and Maintenance Director. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. IO. CITY INSPECTORS All work shall be under the observation of Inspector(s) designated by the Utilities and Maintenance Director. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspector(s) with such information as may be necessary to keep him/her/them fully informed reqarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obliqation to fulfill this contract. 11. PROVISIONS REOUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause rquired by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though - 26 - it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith by physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, his/her subcontractor and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise himiher subcontractors and materials suppliers of this condition of the contract will not relieve hislher of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the Bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietxary names or by names of manufacturer whkh helshe considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at his/her own exDense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. - 27 - 15. OUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and other may be decreased or entirely eliminated. No claim shall be made against the City for damages occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Utilities and Maintenance Director will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 16. SAFETY AND PROTECTION OF WORKERS AND PUBLIC 17. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. Helshe shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. UTILITIES Utiliites for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) or individually solely for their own use or for the use of their tenants, and storm drains, sanitary sewers, and street lighting. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities located on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all utilities - 2% - and their service connections. The Contractor shall make his/her own investiqation as to the location, type, kind of material, age and condition of existinq utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he/she shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the plans. The Contractor shall notify the owners of all utilities at least 48 hours in advance of excavatinq around any of the structures. At the completion of the contract work, the Contractor shall leave all utilities and appurtenances in a condition satisfactory to the owners and the City. In the event of damaqe to any utility, the Contractor shall notify the owners of the utility immediately. It is the responsibility of the Contractor to compensate for utility damages. The temporary or permanent relocation or alteration of utiliites, including service connections, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. All costs involved in locating, protecting and supporting of all utility lines shall be included in the price bid for various items of work and no additional payment will be made. 18. WATER FOR CONSTRUCTION Contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements and shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. - 29 - SPECIAL PROVISIONS/SPECIFICATIONS 1. UTILITIES The Contractor shall notify Underground Service Alert far enough in advance of the work to allow marking of the utility locations at the various sites. It shall be the responsibility of the Contractor to protect all existing utilities whether shown or not on the project plans. 2. PAVEMENT REMOVALS Pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. The extent of the pavement removals will be marked in the field by the Utilities and Maintenance Inspector. All removals shall become the responsibility of the Contractor and shall be disposed of at a legal dump site. Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the Contractor. Payment for the concrete removals including asphalt removals necessary to form new gutters and all materials disposal shall be considered included in the unit price bid for this item and no additional compensation will be made therefore. The basis for measurement shall be made on the horizontal sidewalk, curb and gutter areas. The removal of asphalt concrete in the roadway necessary to form qutters will not be considered in the payment of the pavement removal item. 3. CONCRETE SIDEWALK AND CURB AND GUTTERS The construction of concrete sidewalk and curb and qutter shall conform to the requirements of Section 303-5 and 201-1 of the SSPWC and these special provisions. The repair of the driveway aprons shall be included under the driveway item. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind with the existing surrounding improvements and according to the San Diego Regional Standards Number G-2, G-7-1 and G-14-1. - 30 - Payment for -the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items and no additional compensation will be made therefore. 4. BASE MATERIAL Base material under sidewalks, curbs and qutters shall be compacted prior to new installation. 5. ASPHALT CONCRETE Asphalt concrete shall conform to the requirements of Section 203 and 302 of the SSPWC and to these Special Provisions. Asphalt concrete shall be Type 1-R-AR-4000. A tack coat shall be applied to all abutting concrete surfaces at the rate of 0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion. Asphalt concrete in roadway sections shall be removed by saw cut six inches (6") from gutter lip and parallel to portion being removed with a two inch (2") overlap at both ends. Asphalt concrete in roadway sections shall be repalced with a minimum thickness of three inches (3'') after compaction of base material. Compensation for the asphalt concrete complete and in place shall be considered included in the unit price bid for the curb and gutter and no additional compensation will be made therefore. 6. NOTICING PROPERTY OWNERS It shall be the responsibility of the Contractor to inform the affected property owners of the proposed construction in front of residences. Special noticing shall be given to the residents of houses where the driveway is to be repaired. Compensation for the residential noticing shall be consid:red included in the prices bids for the various items of work and no additional compensations will be made therefore. 7. CLEAN-UP Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPWC and to these Special Provisions. - 31 - Compensation for site clean-up and dust control shall be considered included in the unit prices bid for the various items of work and no additional payment will be made therefore. 8. STREET CLOSURE, DETOURS, BARRICADES AND SIGNING The Contractor shall not close any street within the City of Carlsbad without first obtaining approval of the City Engineer. The Contractor shall provide and install barricades, delineator warning devices and construction signs in accordance with the Work Area Traffic Control Handbook. 911 signing and barricading will meet with approval of the City Engineer or his representative. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place necessary item and the Contractor will be billed for items and wages to place items. 3udgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the City Engineer or his representative. 9. REPAIR OF DAMAGES It shall be the responsibility of the Contractor to repair all damage to property caused by the Contractor. - 32 - STANDARD DRAWINGS The standard drawings for the City of Carlsbad shall be comprised of the 1979 edition of the San Oiego Regional Standard Drawinqs (SDRS) as published by the San Diego Department of Transportation and as modified by the additions and substitutions listed below and the City of Carlsbad Supplemental Standards attached hereto. Modifications to the San Dieqo Area Regional Standards G-14.1 Shall be modified by the substitution of the following: 5 1/2" thickness in place of the 4" thickness for residential driveway and 7 1/2" thickness in place of the 6" thickness for commercial driveway. Driveway aprons will be same thickness as driveways. -33- ntcmmoto (9 *ut ua ottco Z.l,/.' .-' &bU .*g MUYDER 6-14.1 n10wr nrH.rOl COYIT11 r -- " .-. ar- I ORAWING PLAN .. .. SAN OlfGO REGIONAL STANOARO ORAWING CONCRETE DRIVEWAYS I1 ELEVATION O' . LEGENO ON RAMS Yl n c- w TYPE G 81 H CURB LECERO ON PUNS -35- It II II arias Width II shown on plan r- 1- I I ORAWING SIOEWALK - TYPICAL SECTIONS \ waon G-7.1 NON-CONTIGUOUS CONTIGUOUS LEGEM0 ON PUNS ., -.. -36- yevision Hodif. A- Sid-lk cum par t 3 SECTION SAN DIEGO REGIONAL STANDARD DRAWING Bv Approved Data e rn& f-d6 Optional bnak line for cuts in uitinp curb and gutttr. SECTION 6-6 ~ APPROVED DRAIN PtPE SIZES SIDEWALK UNDERDRAIN PIPE 1 5 1 6" to 8" CURB FACE] 8" CURE FACE 10" CURB FACE NOTES 1. Pipa shtll k OM continuous length from property line to curb line. 2. Multiple pipa to ba smt a minimum dinancr of 0/2 apart. 3. Concrete shall be 520C.2500 4. Pipe shall br circular asbestos cement, cast iron or rigid plastic. .. SECTION A-A Drain shall not occupy the hatched area BLOCK CORNER DRAWING NUMBER 0-27 E REV. 8 - -3 7- VAR /ABLE - VARIABLE - APPROVED DATE CITY OF CARLSBAD CITY ENGINE€? SATE SUPPLE MENTAL STANDARD NO. CROSS GUTTER BEGIN TRANSITION 4 _- . . ._. . .. . -38- . I ! ! : .. . .... '~- ----*---....-"- -" --...,. . .......... .. , .. ...-. ..,... ............ 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I :a?: Ib: is! -- I i~i Ill II le1 imi h h -- ki n (0 t Y -I a 'I - - -- - 3Nld~ n vo 0 .. .. . .. c 5) \ c .a * I I MID-CENTURY 0 INSURANCE COMPANY This form is TRUCK INSURANCE issued by: EXCHANGE CERTIFICATE OF WORKERS COMPENSATION INSURANCE GREG SCHAEFER Employer * DBA: SCHAEFER'S CONCRETE f BLO N05-07 98 88 86 Policy Number POIICY Year X'd above Address * 657 QUAIL GARDENS DR . ENCINITAS CA 92024 Effective From 8-6-87 to 1-2-88'- Tt re-. > - ,- ~~ ~ . -; DgPUEhnof the Company -.-d a rr> *.. . , Certificate DESCRIPTION OF OPERATIONS AND LOCATIONS COVERED ALL OPERATIONS COVERED - ALL LOCATIONS COVERED When countersigned by our authorized representative, this certificate supersedes any previously issued certificates. It certifies that the above described policy of Workers Compensation insurance has been issued to the above employer. This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed, nor shall the above described policy be amended, extended or altered by any requirement, term or condition of any other contract or document with respect to which this cer- tificate or verification of insurance may be issued or may pertain. It is agreed that upon cancellation or termination of the described policy for any cause, we will give you-Ty days notice in writing. CITY OF CARLSBAD - ATTN: RUTH FLETCHER * 1200 ALMA AVE . CARLSBAD CA 92008-1989 8-13-87 Dated 56-5112M7 1101 ST1125 PRINTED IN U.S.A. Cou n t ers ig ned Authorized Representative I CERTIFICATE AS TO EVIDENCE OF INSURANCE ( I;%%E ) 0 ( INSURANCE ) The Exchange or Compony deiigfioted on the reverse side as number 2 Excess over Primary with Company designated on reverse side os letter EXCESS . 657 QUAIL GARDENS DR 95 18 311 60020 38 10 This is to certify that policies for the obove Nomed Insured ore in force os follows: 0 EfAtbed 0 z;zi,on YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY Effective from: 8-30-87 To: at which tin TNERAGE NOT AUTO *''="=D LIABILITY IDENTIFICATION NUMBER LAST 3 DIGITS SHOWN ~ COVERED LIMIT(S) INCLUDE61 cL[ C$v;;d AND EXCESS Non-Owned BOTH PRIMARY (11 excess appltcoblei Employer's Non-OwnershiF El Contingent Liability - OWNED MOBILES, IF COVERED AUTO- Single Limit Liability for Coverages checked above GENERAL LIABILITY M&C-OLT Owners 8 Contractors Contractual Elevators 0 Products and /or Comdeted ODerations [E(] Single Limit Liability for Coverages checked above 0 El Cargo *Includes Goods or Products Warranty, Written Lease Sidetrack Agreement, Elevator or Escalator Maintenance I additional Contractural Coverage. **Not Applicable in Texas this certificate becomes void @or continuous until concelled if box "X'd. COMBINED LIMITS OF LIABILITY Bodily Injury $ ,000 each person $ ,000 each Occurrence Property Damage $ ,000 each Occurrence $ 1 .. 000 ,000 each Occurrence Bodily Injury $ ,000 each person ,000 each occurrence ,000 each occurrence ,ooo annual aggregate products * annual aggregate $ $ Property Damage $ $ ,000 products * * * $ ,000 each vehicle $ ,000 each occurrence ~~ ~~~ Premises, Easement Agreement, Municipal Ordinance Agreement, reement only, unless accompanied by specific endorsement providing ** * In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations. I Umbrella Liabi I ity POLICY NUMBER $ , 000 retained limit $ each occurrence $ aggregate Upon toncellation or terminotion of this policy for any couse the Company will provide 30 doys odvonce notice in writing to whom this Certificate is issued Notice of cancellotion of the primory coveroge outomoticolly terminotes excess coveroge Certificate Issued To COVERAGE UNDER THIS POLICY SHALL BE PRIMARY AND NON-COMPETING WITH ANY OTHER INSURANCE AVAILABLE TO THE CITY OF CARLSBAD. Nom. CITY OF CARLSBAD ' 1200 ELM AVE ATTN: RUTH FLETCHER CARLSBAD CA 92008 end Address . This Certificate supercedes any prevtously issued certificote 56-0187 1.87 1801 2001ST PRINTED IN U.S.A.