Loading...
HomeMy WebLinkAboutSilvia Construction Inc; 1999-07-16; 3667-2. DOC #t ~#~~E~~~: JUN OB, 2000 1:E sf% DIEGO m RErnER'S OF: ) aEmRYJ. sm?iz my Ernl 1 FEES: 0.00 Recording requested by: ) ) UFFICIN RECtlRB 1 ) City Clerk ) d City of Carlsbad ) 1200 Carlsbad Village Dr. ) CITY OF CARLSBAD When recorded mail to: Space above this line for Recorder's U: @ Carlsbad, CA 92008 $t NOTICE OF COMPLETION Notice is hereby given that: I. The undersigned is owner of the interest or estate stated below in the property described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed 01 18, 2000. 6. The name of the contractor, if any, for such work of improvement is Silvia Construi 7. The property on which said work of improvement was completed is in the City o County of San Diego, State of California, and is described as the 1999 Paveme Project No. 366722. 8. The address of said property is within the limits of the City of Carlsbad. CITY OF CARLSBAD ,L fe- LLOYD 6. HUBBS, P.E. d&1 Public Works Director/City Engine VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive ,2000, acceptec California, 92008; the City Council of said City on May 16 described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 19 , 2000, at Carlsbad, California. CITY OF CARLSBAD i 629% YOFWINE WOOD City Clerk I LOCATION MAP NOT TO SCALE L OCA TlON MAP NOT TO SCALE I 1999 PAVEMENT OVERLAY PROJECT DRAWN BY. SCOTT EVANS. CARLSBAD ENGINEERING DEPT. bt NOT TO SCALE i DRAWN BY. SCOTT EVANS. CARLSBAD ENGINEERING DEPT rl LOCA T/ON MAP NOT TO SCALE -a CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPEC1 PROVISIONS FOR a 1999 PAVEMENT 0 PROJECT CONTRACT NO. 3667-2 April 22,1999 e 4.w r.$ 7/17/98 Contract No. 3667-2 Page 1 of E TABLE OF CONTENTS ern - Pa NOTICE INVITING BIDS .......................................................................................................... CONTRACTORS PROPOSAL ................................................................................................. BID SECURITY FORM ............................................................................................................ BIDDERS BOND TO ACCOMPANY PROPOSAL ................................................................... GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATORILESSOR WORK FORMS ........................................ DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID .......... DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK ................................................................................................ BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................ BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........................... BIDDER’ S STATEMENT OF RE-DEBARMENT e ..................................................................... BIDDERS DISCLOSURE OF DISCIPLINE RECORD ................................................... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ............................................................................... CONTRACT PUBLIC WORKS ................................................................................................. LABOR AND MATERIALS BOND ............................................................................................ FAITHFUL PERFORMANCENVARRANTY BOND ................................................................... REPRESENTATION AND CERTIFICATION ........................................................................... ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................... SPECIAL PROVl SI0 N S SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 . GENERAL PROW SI ONS ............................................................. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .............. e em w 7/17/98 Contract No. 3667-2 Page 2 of 84 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK! CONSTRUCTION PART 3, CONSTRUCTION METHODS ..................................................... 7 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK! CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS & PROCESSES .............. € APPENDIX A, RESIDENT NOTIFICATION EXAMPLE ............................................................ E APPENDIX B, SUPPLEMENTAL STANDARD DRAWINGS .................................................... E e a e 4- a@ 7/17/98 Contract No. 3667-2 Page 3 of 84 / CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Drive, Carlsbad, California 92008-1 989, until 4:OO P.M. on the I Oth day of June, 1999, at whi they will be opened and read, for performing the work as follows: The A.R.H.M. over1 restriping of various streets throughout the city, and removal and replacement of Portland ( Concrete Curb and Gutter, and construction of full depth asphalt concrete patches. 0 1999 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-2 The work shall be performed in strict conformity with the specifications as approved by 1 Council of the City of Carlsbad on file with the Engineering Department. The specifications work include the Standard Suecifications for Public Works Construction (1 997 Edition, and tt suuulement thereto3 all hereinafter designated "SSPWC as issued by the Southern C Chapter of the American Public Works Association and as amended by the special prc sections of this contract. Reference is hereby made to the specifications for full particult 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 contn utilize recycled and recyclable materials when available, appropriate and approved by the En1 The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddir a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdictic State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Pui Department. Each bid must be accompanied by security in a form and amount required by I: bidder's security of the second and third next lowest responsive bidders may be withheld Contract has been fully executed. The security submitted by all other unsuccessful bidders returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pur the provisions of law (Public Contract Code section 10263), appropriate securities substituted for any obligation required by this notice or for any monies withheld by the City tc performance under this Contract. section 10263 of the Public Contract Code requires m securities to be deposited with the City or a state or federally chartered bank in Californir escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omis the agent in connection with the handling of retentions under this section in an amount not I( $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed, executed and notarized are: o a ew a$ 7/17/98 Contract No. 3667-2 Page4of 84 I. Contractor's Proposal 2. Bidder's Bond 4. Designation of Subcontractors 5. Designation of Owner OperatodLessors & 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability 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 E: $980,000.00 No bid shall be accepted from a contractor who is not licensed in accordance with the provi California state law. The contractor shall state their license number, expiration dz classification in the proposal, under penalty of perjury. The following classifications are acc for this contract: A, C12. C32 in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract document of the usual 10% retention from each payment, these documents must be completed and SL with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Pur Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabl $25 (Twenty-Five dollars) per set. If plans and specifications are to be mailed, the cost for I should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the dr specifications or other contract documents, or finds discrepancies in or omissions from the d and specifications may submit to the Engineer a written request for clarification or correctic response will be made only by a written addendum duly issued by the Engineer a coy of wI be mailed or delivered to each person receiving a set of the contract documents. No additic modification of or interpretation of any provision in the contract documents will be given or may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregu informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the C shall be those as determined by the Director of Industrial Relations pursuant to the section 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a 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. 8. Certificate of Insurance 9. Bidder' s Statement Re Debarment e 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Record 11 .Purchasing Department Representation Certification 12.Escrow Agreement for Security Deposits (optional, must be completed if the Bidde wishes to use the Escrow Agreement for and Amount of Subcontractor Bid Amount of Owner OperatorILessor Work Responsibility Security ) and Experience @ . * em \$ 7/17/98 Contract No. 3667-2 Page5of 84 The Prime Contractor shall be responsible for insuring compliance with provisions of section 1 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettin( Subcontracting Fair Practices Act," The City Engineer is the City's "duly authorized officer" f purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall aF 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 indica this proposal, times the unit price as submitted by the bidder. In case of a discrepancy be words and figures, the words shall prevail. In case of an error in the extension of a unit pric corrected extension shall be calculated and the bids will be computed as indicated abov compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and tyi written in with ink and must be initialed in ink by a person authorized to sign for the Contractor Bidders are advised to verify the issuance of all addenda and receipt thereof one day p bidding. Submission of bids without acknowledgment of addenda may be cause of rejection o Bonds to secure faithful performance and warranty of the work and payment of laborer 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 st kept in full force and effect during the course of this project, and shall extend in full force and and be retained by the City until they are released as stated in the Special Provisions section contract. All bonds are to be placed with a surety insurance carrier admitted and authori transact the business of insurance in California and whose assets exceed their liabilities amount equal to or in excess of the amount of the bond. The bonds are to contain the fo rl) @ . documents: I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 12 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 ins commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual stateme quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencii section 900) of Chapter I of Part 2 of Division 1 of the Insurance Code, within 10 calendar c 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 Key Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insur the State of California by the Insurance Commissioner. Auto policies offered to mt specification of this contract must: (1) meet the conditions stated above for all insurance con and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, v owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ins certificate must state the coverage is for "any auto" and cannot be limited in any manner. e em '.$ 7/17/98 Contract No. 3667-2 Page6of 84 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 1 compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any at 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 submii required bonds and insurance, as described in the contract, within twenty days of bid openir Contractor fails to comply with these requirements, the City may award the contract to the sc 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 99-1 43 0 adopted on the 27th day of APRl L ,19 99 . , Date e e em W 71i719a Contract No. 3667-2 Page 7 of 84 > i CITY OF CARLSBAD I999 PAVEMENT OVERLAY PROJECT 0 CONTRACT NO. 3667-2 CONTRACTOR’S PROPOSAL City Council City of Carisbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and add6 thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, services required to do all the work to complete Contract No. 3667-2 in accordance with Plans, Specifications, Special Provisions and addenda thereto and that helshe will take ir payment therefor the following unit prices for each item complete, to wit: Approximate I tern Quantity Unit 0 No. DescriDtion and Unit Price Total 7P 7i 980 1 Asphalt Rubberized Hot Mix (ARHM) 15,800 TONS $a. s Overlay at Dollars per Ton 2 Cold Milling 5’ Width at 48,350 LF 4g - yd 0 9 7. Dollars per Linear Foot 3 Cold Milling IO’ Width (Header Cut) at 2,210 LF 3 23 7. //$ .z / Dollars per Linear Foot 4 Traffic Control (Including all Streets 1 LS 87, ouo ,OB 87 c??@o. I in Addendum No. 1) at 0 Dollars (Lump Sum) L ,\ I I\ 4 Approximate item Quantity Unit No. Descriution and Unit Price - Total a - 5 Paint 12" White CrosswalWLimit Line 1,675 LF fv 8e s;os/ - (Thermoplastic) at Dollars per Linear Foot Paint 4" White Skip Line per Caltrans Detail 12 at 7774 29,900 LF L&- 6 Dollars per Linear Foot Paint 6" White Bike Lane per Caltrans Detail 39 at 20,830 LF *& &-A//&- 7 ,' Dollars per Linear Foot Paint 6" White Bike Lane Intersection Line per Caltrans Detail 39A at 1,840 LF fl3& y 78 8 a e Dollars Per Linear Foot Paint 8 White Channelizing Line per Caltrans Detail 38 at 2,070 LF #2s / ; DP k 26 EA 7z OQ 2 o( 9 Dollars Per Linear Foot Paint Type IV Pavement Arrow (Thermoplastic) at - 10 Dollars Each 11 Paint Type VI Pavement Arrow 3 EA 139 c?? L%% (Thermoplastic) at Dollars Each a *' 2 Approximate Quantity Unit and Unit Price Total Item No. Description 12 Paint Type VI1 Pavement Arrow 1 EA (yU* -35 go. 3A (Thermoplastic) at Dollars Each 13 Paint Signal Ahead Pavement Legend 15 EA 37459 A- 4547- - (Thermoplastic) at Dollars Each 14 Paint 4" Double Yellow Median per 10,700 LF J,/ 4w L.FW. Caltrans Detail 22 at I Dollars per Linear Foot 2; 424 ' -'6 15 Paint 4" Broken Double Yellow 4325 LF .+ Median per Caltrans Detail 32 at 0 I . Dollars per Per Linear Foot 16 Paint 4" Double Yellow Median 250 LF */ 5-4 r' SJ: per Caltrans Detail 29 at Dollars per Per Linear Foot 17 Paint Bike Lane Pavement Legend 16 EA 53 &= 84-7, 6 (Thermoplastic) at Dollars Each 18 Carlsbad Blvd. Striping at 1 LS Cy0.D. 32 si.-/ego ~ / I Dollars Per Lump Sum a i I .)\ Approximate Item Quantity Unit 0 No. Descrbtion and Unit - Price - Total 19 Paint Left Edgeline per 1,870 LF -23 J-c7'/: 53 Caltrans Detail 25 at Dollars Linear Foot 20 Install Temporary Pavement Markers 1 LS ? Y.0. CQ yB2Q. per Plan sheet 39 at Dollars per lump sum (Type E) at 21 Replace Traffic Signal Loop Detectors 73 EA 24/ LZ j 7, a73 # Dollars Each 22 Replace Traffic Signal Loop Detectors 4EA py/. os 96% .!2 VYP~ Q) at e- Dollars Each 23 Raise & Adjust to Grade 51 EA soy'. - *O /o L;rov Monument Boxes at I Dollars Each .qzs-a 5 o@ 24 Raise & Adjust to Grade Storm 14 EA 3'75:- Sewer Access Covers at I Dollars Each 25 Remove and Replace 6" PCC Curb and 105 LF & *a d, 7zo. j Gutter per SDRS G-2 at / Dollars Per Linear Foot a \ \ Approximate Item Quantity Unit No. Descrbtion and Unit Price Total 26 Construct 6" PCC Curb per 285 LF I($ e @E $320.3 27 Construct Full Depth AC Patch at 2,435 TONS 36. E gz 36% 28 Relocate Street Sign at 2EA &?*$!! Go. i% SDRS G-I at Dollars Per Linear Foot Dollars Per Ton Dollars Each Wastewater Operations Fund Item #29 'J'/23- De7 29 Raise & Adjust to Grade Sanitary 11 EA 37s- Sewer Access Covers at Dollars Each 0 Water Operations Fund items #30, 31, and 32 QC7 30 Raise & Adjust to Grade Water 68 EA &20"/.-- /3, g7d Valve Boxes at Dollars Each Assembly Boxes at 31 Raise & Adjust to Grade Blow Off 15 EA 2o"J- a? 3360. Dollars Each 60 32 Install Blue Fire Hydrant 6 EA /la E9 66. -- Pavement Marker at Dollars Each e > \ Approximate Item Quantity Unit - No. Descrbtion and Unit - Price Total 33 Cold Milling 25' Width (Header Cut) at 260 LF I$.& 3.328. I 5 e Dollars per Linear Foot 5y 440 35 Paint Yield Pavement Legends at 1EA 5332 c.3. k!! 36 Paintl2" White Line at 1,400 LF 4 -E 4/20. * $2 90 37 Paint Type IV Pavement Arrow at 10 EA I27 @E? 3% Paint Signal Ahead Pavement 4 EA Jog cz2 932' s .y/" az 34 C2-AR 4000 Overlay at 2,400 TONS Dollars per Ton Dollars Each Dollars per Linear Foot a Dollars Each Legends at Dollars Each Total amount of bid for Schedule in words: Ch.d-. yu- w ,& b Wd I I J 1 J Price(s) given above are firm for 90 days after date of bid opening. OPENED, WITNESSED AND WECORD &//a- p DATE . a 1, 1 Addendum(a) No@). 1 hadhave been received and idare include( proposal. The Undersigned has carefully checked all of the above figures and understands that the not be responsible for any error or omission on the part of the Undersigned in preparing this The Undersigned agrees that in case of default in executing the required Contract with ne bonds and insurance policies within twenty (20) days from the date of award of Contract by Council of the City of Carlsbad, the City may administratively authorize award of the contra 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 licensc business or act in the capacity of a contractor within the State of Califo ia, validly license license number 568194 J , classification "2 which ex , and that th2 ment is true ankcorrect and has the legal censed as a contractor pursuar an affidavit. A bid submitted to the City by a Contra Business and Professions Code shall be considered non-responsive and shall be rejectec City 3 7028.15(e). In all contracts where federal funds are involved, no bid submitted invalidated by the failure of the bidder to be licensed in accordance with California law. HOV the time the contract is awarded, the contractor shall be properly licensed. Public Contrac § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is pe interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder representation, oral or in writing, of the City Council, its officers, agents, or employees has i him/her to enter into this Contract, excepting only those contained in this form of Contract papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making i the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is a "Bidder I s Bond" (Cash, Certified Chec or Cashier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requirt employer to be insured against liability for workers' compensation or to undertake self-insu accordance with the provisions of that code, and agrees to comply with such provision: commencing the performance of the work of this Contract and continue to comply until the is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, to the general prevailing rate of wages for each craft or type of worker needed to exer Contract and agrees to comply with its provisions. 1 1 1 1 I c4&J 5/31/01 J who i ' 1 I) I. I I T I I 1 I e* t? 7/17/98 Contract No. 3667-2 Page 13 of 84 I. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a State of California a' County of San Bernardino , before me, perSonally appeared Joseph W. Silvia, President Mera Williams, Notary Public Name and Tltle of Offlcer (e g Jane Doe Notary Public ) Narne(s) of Signer(s) m personally known to me proved to me on the basis of satisfactor) to be the person($) whose namew isla subscribed to the within instrument anc in hislh&t&itr authorizec ted the instrument NESS my hand and official seal. Place Notary Seal Above e Though the information below is nof required by law, if may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of th/s form to another documenf Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer B 0 Corporate Officer - Title(s). 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing 0 1997 National Notary Association * 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll Free 1 80( a. 4 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: N/A (1) Name under which business is conducted It 1 I I I i E s I' 1 I. i' (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (Street and Number) ? (I) Name under which business is conducted N/A (2) Signature (given and surname and character of partner) (Note: Signature must be ma( general partner) (3) Place of Business (Street and Number) 5 City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: I 1 (I) Name underwhich business is conducted Silvia Constructiont Inc. (2) (Title) li Impress Corporate Seal h ew r. f %a 7/17/98 Contract No. 3667-2 Page 14 of 84 I: (3) Incorporated under the laws of the State of (4) Place of Business 9007 Center Avenue Ca1if Ornia (Street and Number) City and State Rancho Cucamonga, California (909)481-8118 (5) Zip Code 91730 Telephone No. t e 1 t I aD 1 It I P I I 1 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUS ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporatic partnership, list names of all general partners, and managing partners: 1 Joseph W. Silvia, President Frank Dudley, Vice President Claire R. Manchester-Wamel, Secretary 1 Benjamin B. Day, Treasurer em 1. 1 ts 7/17/98 Contract No. 3667-2 Page 15 of 84 B: \ BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) N/A /’ t Accompanying this proposal is a *Certified *Cashiers check payable to the der of ( CARLSBAD, in the sum of E I I ceeds of this chc hall fail to execute a nds and proof of in returned to the undersign if the undersigned shall v of its legally constituted contracting authorities and the u coverage within the stipulated time; otherwise, the che proceeds of this check shall also become the property 1 s 1 rn E. 1 t E I 31: 1 k executed--the sum of this bond shall be not less than ten percent (10%) oft e= r. I aS 7/17/98 Contract No. 3667-2 Page 16 of 84 ... e-L BOND {I0372243 PREMIUM - NIL BIDDER'S BOND TO ACCOMPANY PROPOSAL 0 KNOW ALL PERSONS BY THESE PRESENTS: mat we, SILVIA CONSTRUCTION, INC. as Prindpai, and GREAT AMERICAN INSURANCE Ci as Surety are held and firmly bound unto the dty of Carlsbad, California, in an amount as fobws (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF AMOUNT BID for whjc payment, well and truly made, we bind ourselves, our heirs, executors and adrninistrsltori successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION I$ SUCH that If the proposal of the abovr bounden Principal for: 1999 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-2 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into ar execute a Contract includhg requfred bonds and insurance policies within twenty (20) days from tt date of award of Contract by the City Council of the Crty of Carisbad, being duty notified of sa award, then this obligation shall become null and void; othenrrise, it shall be and remain in full fort and effect, and the amount spedfied herein shalf be forfelted to the safd Cjiy. In the event Principal executed this bond as an individual, it is agreed that the death of Princip shall not exonerate €he Surety from its obligations under this bond. Executed by PRINCIPAL this 7th Executed by SURETY this 3m day day of June 819 99. JUNE - ,19 99 . SURETY: GREAT AMERICAN INSURANCE COMPANY 0 '(name of Surety) P.O. BOX 5440, ORANGE, CA 92863-5440 (address of Surety) (telephone number of Surety) (signature of Attamey-in-Fact) (printed name of Attomey-in-Fact) power of attorney.) President (714) 740-2400 (I itle and Organization of Signatory , By: c3ekeep 6.d -kkd By: I'&ZQ (-&LA-+ L *,+p-- (Sign here) DAVID L. CULBERTSON Claire R. Manchester-Wamel Secretary (Attach corporate resolution showing cum (print name here) (title and organization of signatory) (Proper notarial acknowfedgment of execution by PRINCIPAL and SURETY must be attached.} (Preddent or vice-president and secretary or assistant secretary must sign for corporations. If o one officer signs, the corporation must attach a resolution certifted by the secretary or assist; secretary under corporate seal empowering that ofncer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Q mma Cmtract No. 3fiR7-3 Dmns 47 A* DA 0-m.. -\ \ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino a , before me, On 6/7/99 personally appeared Joseph W. Silvia, President Mera Williams, Notary Public Date Name and Title of Officer (e g 'Jane Doe Notary Public ) Claire R- Manch secre Bpersonally known to me 3 proved to me on the basis of satisfactor) Name@) of Signer@) to be the person(s) whose name(s) k/are subscribed to the within instrument anc acknowledged to me that Mlthey executec the same in */their authorized capacity(ies), and that by -h&kr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s1 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above e Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date. Number of Pages. Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer C Corporate Officer - Title(s): E Partner - 0 Limited 0 General [7 Attorney in Fact 0 Guardian or Conservator Signer Is Representing. 0 1997 National Notary Association * 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800 m * e, i 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STAm OF CALIFORNIA COUNTY OF ORANGE On 06-03-99 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON persoi known to me to be the person whose name is subscribed tc within instrument and acknowledged to me that he executec same in his authorized capacity, and that by his signature 0' instrument the person or the entity upon behalf of whick person acted, executed the instrument. OPTIONAL 0 Though the data below is not required by law, it may prove valuable to I: relying on the document and could prevent fraudulent reattachment of this form DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 06-03-99 LUWE OF DocuMEElT 1 CAPACITY CLAIMED BY SIGNER c] INDIVIDUAL CORPORATE OFFICER TITLE (S) 0 PARTNER (S) B ATTORNEY-IN-FACT 0 TRUSTEE (S) SIGNER IS REPRESENTING: e I; I i I R i GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS P 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", Y 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 1 these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct informati 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 li 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 comp 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/Le! percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being 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 port bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The i materials and transport for materials from sources outside the limits of work, as shown on th shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as tl 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 organiza The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numt be entered on the form. If the Subcontractor does not have a valid business license enter "N the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to the required information. The number of additional form pages shall be entered on the fi page of each type so duplicated. I B u - 1 I I R Item No." column. 1 111 I 0 em I 6$ 7/17/98 Contract No. 3667-2 Page 18 of 84 1: Bidder may, at its option, combine bid items on a single row in the chart on the disclosure foi using this option the Bidder must indicate the bid item numbers to which the information in tt pertains. This option may not be used where the subcontractor or Owner Operator/Lt constructing or installing less than 100 percent of a bid item. The percentages and dollar an 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 or less than 100 percent of a bid item the Bidder must attach an explanation sheet to the desic of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explz sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment tt 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. t II I I E Io I. 1 I B 1 I I 1 e e- I. B %@ 7/17/98 Contract No. 3667-2 Page 19 of 8 1: DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in reje the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prc this bid for the Work and that the listed subcontractors will be used to perform the portion: Work as designated in the list in accordance with applicable provisions of the specificatio section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pr Act." The Bidder further certifies that no additional subcontractor will be allowed to perfo portion of the Work and that no changes in the subcontractors listed work will be made excel the prior approval of the Agency. Full Company Name of Subcontractor: t I 1 I 1 I I I. I I I I 1 Complete Address: /a,?# I2 AEA /we Street Qk%?yGf? &A 92668 City State Zip Telephone Number plus Area Code: ?I*/ ?'? 7 7-3 B California State Contractors License NO. t? Classification: 6/f C/f Carlsbad Business License No.: I Amount of Item b Explanation: Column 1 - Bid Item No. from the bid proposal, pages 8-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 8-12. I Page- / of - 5 pages of this form 4- I E$ 7/17/98 Contract No. 3667-2 Page20of 84 r h i DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID ITEMS -a The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod; Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in rejec the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prc this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specificatioi section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pr Act." The Bidder further certifies that no additional subcontractor will be allowed to perfoi portion of the Work and that no changes in the subcontractors listed work will be made excel: the prior approval of the Agency. Full Company Name of Subcontractor: ORbnrq~ &* s%~,~cj - 3- Complete Address: /8'3 M. f?</ cy AT Telephone Number plus Area Code: 7/p/ d-79 y 43-0 Street @E4 QL; e e44 9ZP6 g City State Zip - a California State Contractors License No. & Classification: 34/~ 6 p-5 . Carlsbad Business License No.: % SUBCONTRACTORS BID ITEMS - Explanation: Column 1 - Bid Item No. from the bid proposal, pages 8-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 8-12. 0 Page- 2? of - 6- pages of this form ew L t? 7/17/98 Contract No. 3667-2 Page 20 of 84 r\ DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS "a The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod: Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in rejec the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prc this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specificatior section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pri Act." The Bidder further certifies that no additional subcontractor will be allowed to perfor portion of the Work and that no changes in the subcontractors listed work will be made excer the prior approval of the Agency. -- .: Full Company Name of Subcontractor: 0a-a a. S*/Pi.4S Complete Address: City State Zip Telephone Number plus Area Code: California State Contractors License No. ti Classification: Carlsbad Business License No.: Street 0 SUBCONTRACTORS BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 8-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 8-12. a Page 3 of -f pages of this form 4- L- tS 7/17/98 Contract No. 3667-2 Page20of 84 I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS a The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommod Contractor's decision to use more than one subcontractor. This form must be submitted as a the Bidder's sealed bid. Failure to provide complete and correct information may result in reje the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pr this bid for the Work and that the listed subcontractors will be used to perform the portion! Work as designated in the list in accordance with applicable provisions of the specificatic section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pi Act." The Bidder further certifies that no additional subcontractor will be allowed to perfo portion of the Work and that no changes in the subcontractors listed work will be made exce the prior approval of the Agency. _- Full Company Name of Subcontractor: OdAwe C? 0. Wk/PP rJy / I Complete Address: City State Zip Telephone Number plus Area Code: California State Contractors License No, & Classification: Carlsbad Business License No.: Street Amount of Item Exolanation: Column 1 - Bid Item No. from the bid proposal, pages 8-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 8-12. 0 Page 7 of s pages ofthis form 4- w 7/17/98 Contract No. 3667-2 Page 20 of 84 ! L_ Bid Item Amount of Item Amount of Item by Overhead & Profit No. Subcontracted Contractor Amount .225 $ 9 &7&- 5s $ /D' 40% 3 $ -7/y.9 39 $ q, 9&&. ?Z $ \(:a&@. 92 $ 3&+. 52% $ tjy-- ac7 3d $ A. 922 9' I $ i3.87.2. e3 .- 3/ $ zkG*. QZ $ 3&& s $ X/@*!= - e0 224 $ :(. 8330' 9 $ 9;2c= $ 273.- I $ $ $ $ $ $ I: , \ + BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIT' (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets I submitted under separate cover marked CONFIDENTIAL. t I i 1 I I 1 II) I I I 1 I 1 I To be submitted upon award of contract. ern i. I ts 7117198 Contract No. 3667-2 Page 22 of 8 I’ \ 4 BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the pro Contract helshe has successfully performed and give references, with telephone numbers, will enable the City to judge hidher responsibility, experience and skill. An attachment can be t I i 1 1 I 1 II) 1- 8 1 1 1 I 1 No. of Person e= 1. I t? 7/17/98 Contract No. 3667-2 Page23of 84 i4 \ R i BIDDERS CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS' COMPENSATION GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTI (To Accompany Proposal) P I I As a required part of the Bidder's proposal the Bidder must attach either of the following to thi page. 1. Certificates of insurance showing conformance with the requirements herein for: Comprehensive General Liability Employer's Liability II Automobile Liability 1 I 1 Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, and i payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insuran Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance I 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 hirc whether scheduled or non-scheduled. The auto insurance certificate must state the coverag "any auto" and cannot be limited in any manner. m u . I I 1 1 1 % *+x- *m ts 7/17/98 Contract No. 3667-2 Page 24 of 84 b I INTREE INS. AGCY #0557773 SILVIA CONSTRUCTION, INC. 9007 CENTER AVENUE RANCHO CUCAMONGA CA 91729 ENERAL LIABILITY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS 810-342H6889 NON-OWNED AUTOS ESS LIABILITY UMBRELLA FORM RE: 1999 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-2 CITY OF CARLSBAD EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &I 0 PURCHASING DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 u J POLICY NUMBER: VCGPOOOO37 COMMERCIAL GENERAL, LIAE Silvia Construction, Inc THIS ENDORSMENT CHANGES THE POLICY READ IT CAREFULLY ADDITONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COWRAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Department 0 1200 Carlsbad Village Drive Carlsbad, Ca 92008-1 989 RE: 1999 Pavement Overlay Project Contract No. 3667-2 (If no entry appears above. Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement .) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule. but oniy with respects to liability arising out of ''your work" for that insured by or for you. PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claims, loss of liability arising directly or indirectly from the insured's operations and any other insurance maintained by the additional insured shall be non-contributory with the insurance provided hereunder. CG20 10 11 85 0 VI I ">, A2>> __. __ CITY OF CARLSBAD SURPLUS LINE BROKER AFFtDAmT e Broker Name: RA/drnce Zds2&MCe /%dc y Ci y/Sratc/Zip: bMd #-4d 1 Md CA %24k- Address: 37 /\lORTA Y Jmee7- Date: 7-9- fw Project Name: - Type of Insurance: c/ AL/A&,&)+/ I that me .kds. Ar&e'g,oh of Record for UJRs lcY!&g ("Conhactor") who ia required to provide jnsurancc under the specificatic of che above contract, 1 hher cerdfy hat as Broker of Record for Contmctor, I have contac! the insurance companies listed belaw, all of whom met the City's requirements included Resolution No. ct/-cCO F and all of whom have refused to writt the required policy due to 1 type of risk involved. ~nrurancc Carrier: ALhed I;RdL.P(;; d~77odIc,/de~~s. G UW J 4N774 Res/ Address: 8d-d Reason for Refusal: her Id . &[7E cSe/uwL on/ FuKu/ Name of Contact: a Dare: &&A. &6? Tz d%. & Beds Raring & x I/ Listed by State Insurance uf5 s Commissioner (Yes/No) Insixance Cdcr: Eve 0 /f//91;4L / Name of Conmct: /M/ _c Address: gZ338a 4,LL &e& &%4- L&&Q y cA Date: Il.i 7 Reason for Refusal: dbec NhT && /e C31e4fe-e & l/&hL) PL&Sl; t Best's Rating 4 )( Listed by Stacc Insurance qeS Cornmissioner (YcdNo) e litsurance Canicr: PA s hhFel2 /Y/ , 6/ GSUR L Name of Contact: 73LyA-d LedIs Address: Date: V/Li 9 eghL h/3. FUK fi 0.4 fi Reason for Refusal: hsq /~/oTLtlA/nz .Ged a ids sour;c, S~W-E ~ue4.e &L/A . 4 C e= Best's Raring # x d Listed by State Insurance Co-oner (YedNo) I Contractor is rcqu&g that drc City accept /d/ cz;1/ s- company who is a sql line canier ha+g an A-:V or better rating h the mast recats issue of Best'$ Rf3tjng Guide a who hag an office wihh the State of California at the following address in order to cffecr sem of process. Name of Surplus he Camcr: e, e+w r4aukBdcc rmPA Address: Po. &x 85-3 City/Srate/zip: f/oK k %7-674$&?- ms-3 Address: PO.&O% E37 City/Srate/Zip; smm yN€2 7&db a Address to effect Sede of Process wirhin the State of California. Name: VEL4 ZdS~M C€ ,seRd/cCs of peju~y that the foregoing facts are true and correct. 0 . BOX 420807, SAN FRANCISCO, CA 94142-0807 3667-2 ect to cancellation by the Fund except upon t&aays' advance written notice to the employer. er document u 07/03/99 IS AT CERTIFICATE HOLDERS' NOTICE P E N SAT1 0 N INSURANCE ENDORSEMENT AGREEMENT HOME OFFIC SAN FRANCISCO ALL EFFECTIVE DATES ARE STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME e AT 12 01 AM PACIFIC ANYTHING IN THIS POLICY TO THE CONTWJ3Y NOTWITHSTANDING, IT IS AGREED THAT THlS POLICY SHALL NOT BE CANCELLED UNTIL: 30 DAYS e c AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN '1 MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKE COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VAR lMfT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF ~~~~ am UNTE Rsim ED AND PREStDENT 77- A UT H 0 R IZ E D REP R E S EN TAT I V E SCIF 10516 (REV 8-89) WAIVER OF SUBROGATION FUND ENDORSEMENTAGREEMENT STATE GO M PEN SAT1 0 N INSURANCE HOME OFFICE SAN FRANCtSCO ALL EFFECTIVE DATES ARE AT 12 01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME 0 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT I AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES P RIGHT OF SUBROGATION AGAJNST: (SPECIFY 3RD PARTY REQUESTING WAIVER, ONE NAME PER ENDORSEMI WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLIC’ CONNECTION WITH WORK PERFORMED BY: (POLICY NAME) a IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLI RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLC WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EN SHALL BE INCREASED BY 3%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WP OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF T POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SH BE HELD TO VARY, ALTER, WAIVE OR LIMITTHE TERMS, CONDITIONS, AGREEMENTS LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AN * AUTHORIZE ll t *, xJ BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, thc who's discipline was stayed, the date of the violation that the disciplinary action pertains to, de the nature of the violation and the condition (if any) upon which the disciplinary action was stt 1 s I 1 1 I 1) I 1 I I I I 1- N/A I (Attach additional sheets if necessary) BY CONTRACTOR: a 4- XI .1 I %$ 7/17/98 Contract No. 3667-2 Page27of 8' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino a , before me, personally appeared Joseph w. SilVia t President Mera Williams, Notary Public Date Name and Title of Officer (e g 'Jane Doe Notary Public') Name($ of Signer@) XXpersonally known to me Z proved to me on the basis of satisfactor) to be the person(% whose namew is/= subscribed to the within instrument anc in his/lxez#mr authorizec and that by his/he+k& he instrument the person& 01 behalf of which the person(Q( the instrument. NESS my hand and official se Place Notary Seal Above a Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date. Number of Pages, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title(s). 0 Partner - 0 Limited 0 General 0 Guardian or Conservator 4 Signer Is Representing. 0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-8C e I ** % i% I 1 I 8 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 5' ) ss. I County of San Bernardilpo Joseph W. Silvia , being first duly sworn, depi (Name of Bidder) and says that he or she is of silvia construction, Inc. President (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf undisclosed person, partnership, company, association, organization, or corporation; that th genuine and not collusive or sham; that the bidder has not directly or indirectly induced or : any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cot connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shal from bidding; that the bidder has not in any manner, directly or indirectly, sought by agrc communication, or conference with anyone to fix the bid price of the bidder or any other biddc fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to any advantage against the public body awarding the contract of anyone interested in the pi contract; that all statements contained in the bid are true; and, further, that the bidder t directly or indirectly, submitted his or her bid price or any breakdown thereof, or the c thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee corporation, partnership, company association, organization, bid depository, or to any mer 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 affid; c m I. I 8. 1 a t 11 99 ,I9 * June , executed on the 7th day of and sworn to before me on the 7th day of June 1 (NOTARY SEAL) I 4- I* ' I r,s 7/17/98 Contract No. 3667-2 Page28of 84 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino e- Mera Williams, Notary Public Name and Title of Officer (e g Jane Doe, Notary Publlc j Joseph W. Silvia, President personally appeared Name(sj of Signer(sj €#Qersonally known to me 0 proved to me on the basis of satisfactoq to be the personM whose name@ IS/= subscribed to the within instrument anc acknowledged to me that he/sm executec the same in hidtr&+&% authorizec ITNESS my hand and official seal. Place Notary Seal Above e Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date. Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer t I I? Corporate Officer - Title(s) 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator 0 1997 National Notary Association. 9350 De Soto Ave PO Box 2402 - Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll-Free 1 80 0. I' R I 1 I 8 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bid another jurisdiction in the State of California? 5 X Yes no 2. If yes, what wadwere the name@) of the agency(ies) and what wadwere the period debarment(s)? Attach additional copies of this page to accommodate more than two debarmc N/A party debarred party debarred ' agency agency I period of debarment period of debarment rn 1 I. I* 1 1 8. BY CONTRACTOR: 41 1 em 1 V 7/17/98 Contract No. 3667-2 Page25of 84 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino 0 , before me, Mera Williams, Notary Public , Date Name and Title of Officer (e g , Jane Doe Notary Public') personally appeared Joseph W. Silvia , President Name(s) of Signer(?.) EC personally known to me 0 proved to me on the basis of satisfactory evidence to be the person($$ whose namew is/- subscribed to the within instrument and acknowledged to me that he/sW#ey executed the same in his/hd@E!r authorized capacity(i&, and that by his/tre#!X?ir signature& on the instrument the person&, or the entity upon behalf of which the personM acted, executed the instrument. TNESS my hand and official seal. Place Notary Seal Above e Though the information below IS not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact C Guardian or Conservator . Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworih, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-801 a I ’\ J BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State L Board which has jurisdiction to investigate complaints against contractors if a complaint regal patent act or omission is filed within four years of the date of the alleged violation. A cor regarding a latent act or omission pertaining to structural defects must be filed within 10 years 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. I. Have you ever had your contractor’s license suspended or revoked by the Ca Contractors’ State license Board two or more times within an eight year period? + 1 1 I I 1 I I I 1 1 I X Yes no 2. Has the suspension or revocation of your contractors license ever been stayed? X Yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever hz contractor’s license suspended or revoked by the California Contractors’ State license Board more times within an eight year period? X lr Yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you pro1 perform any portion of the Work ever been stayed? X Yes no I 5. If the answer to either of I. or 3. above is yes fully identify, in each and every case, th disciplined, the date of and violation that the disciplinary action pertain to, describe the naturi violation and the disciplinary action taken therefor. N/A 1 (Attach additional sheets if necessary) ew xi i ts 7/17/98 Contract No. 3667-2 Page 26 of 84 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California e San Bernardino , before me, Mera Williams, Notary Public Name and Title of Officer (e g Jane Doe, Notary Public ) perSonally appeared Joseph W. Silvia , President Name($ of Signer@) 8 personally known to me 0 proved to me on the basis of satisfactory evidence to be the personM whose name@$ IS/= subscribed to the within instrument and acknowledged to me that he/sm executed e the same in his/h&tPSr authorized on behalf of which the personw ted the instrument. ITNESS my hand and official seal. Place Notary Seal Above 0 Though the information below is not required by law, if may prove valuable to persons relying on the documenf and could prevenf fraudulent removal and reattachment of this form to another documenf Description of Attached Document Title or Type of Document- Document Date Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer 01 0 Corporate Officer - Title(s). 0 Partner - 0 Limited 0 General 0 Attorney in Fact 'I 0 Guardian or Conservator Signer Is Representing. 0 1997 National Notary Association * 9350 De Soto Ave PO Box 2402 f Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll Free 1-80C a A .I f x.. 0 - June 2,1999 ADDENDUM NO. I RE: 1999 PAVEMENT OVERLAY PROJECT, CONTRACT NO. 3667-2 Please include the attached addendum in the Notice to BidderRequest for Bid$ have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Forr when your bid is submitted. *ar& RUTH FLETCYER Purchasing Officer RF:jIk Attach men t e b 4 I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 ent a 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2803 FAX (760) 434- CONTRACT 0 PUBLIC WORKS This agreement is made this 16th day of July , 1999 5 between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and SlLVlA CONSTRUCTION, INC. whose principal place of business 9007 CENTER AVENUE, RANCHO CUCAMONGA, CA 91730 (he1 called "Contractor"). City and Contractor agree as follows: I. for: Description of Work. Contractor shall perform all work specified in the Contract doc 1999 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-2 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, material1 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 oi Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exp Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Pla 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 h this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the i indicated, specified, and implied by the Contract Documents. Any items of work not indic specified, but which are essential to the completion of the work, shall be provided at the Con expense to fulfill the intent of said documents. In all instances through the life of the Conti City will be the interpreter of the intent of the Contract Documents, and the City's decision re said intent will be final and binding. Failure of the Contractor to apprise subcontract 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 Contr shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifica Public Works Construction (SSPWC) 1997 Edition, and the 1998 supplement thereto, he designated "SSPWC", as issued by the Southern California Chapter of the American Publi Association, and as amended by the Special Provisions section of this contract. The Engi close the estimate of work completed for progress payments on the last working day of each 0 . 0 em $q 7/17/98 Contract No. 3667-2 Page 29 of 8d 5. Independent Investigation. Contractor has made an independent investigation jobsite, the soil conditions at the jobsite, and all other conditions that might affect the prog the work, and is aware of those conditions. The Contract price includes payment for all wc may be done by Contractor, whether anticipated or not, in order to overcome under conditions. Any information that may have been furnished to Contractor by City about under 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, in underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves 1 trenches or other excavations that extend deeper than four feet below the surface Contractc promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous as defined in section 251 17 of the Health and Safety Code, that is required to be removt Class 1, Class 11, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any u nature, different materially from those ordinarily encountered and generally recognized as ir 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 sc or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, time required for, performance of any part of the work shall issue a change order unc procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions ma differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cos time required for, performance of any part of the work, contractor shall not be excused frc scheduled completion date provided for by the contract, but shall proceed with all work performed under the contract. Contractor shall retain any and all rights provided either by c or by law which pertain to the resolution of disputes and protests between the contracting part 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirc of the Immigration Reform and Control Act of 1986 (8 USC sections 1 101 -1 525) and has COI and will comply with these requirements, including, but not limited to, verifying the eligibi employment of all agents, employees, subcontractors, and consultants that are included Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departn Industrial Relations has determined the general prevailing rate of per diem wages in accoi with California Labor Code, section 1773 and a copy of a schedule of said general prevailing rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pu to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shz copies of all applicable prevailing wages on the job site. @ @ . a 4- +@ 7/17/98 Contract No. 3667-2 Page 30 of 84 F 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defen indemnify and hold harmless the City, and its officers and employees, from all claims, loss, d injury and liability of every kind, nature and description, directly or indirectly arising fro1 connection with the performance of the Contract or work; or from any failure or alleged f: Contractor to comply with any applicable law, rules or regulations including those relating tc and health; and from any and all claims, loss, damages, injury and liability, howsoever th may be caused, resulting directly or indirectly from the nature of the work covered by the C except for loss or damage caused by the sole or active negligence or willful misconduct of tt- The expenses of defense include all costs and expenses including attorneys' fees for lii arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the awarc contract to Contractor, and Contractor will pay all costs, including defense costs for tt Defense costs include the cost of separate counsel for City, if City requests separate counse IO, Insurance. Contractor shall procure and maintain for the duration of the contract in: against claims for injuries to persons or damage to property which may arise from or in cor with the performance of the work hereunder by the Contractor, his or her agents, represer employees or subcontractors. Said insurance shall meet the City's policy for insurance as s Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimu indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single lii occurrence for bodily injury and property damage. If the policy has an aggregate limit, a s aggregate in the amounts specified shall be established for the risks for which the City or its officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per acci bodily 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 hirc 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' compensatic 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 I acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance require this agreement with the exception of Workers' Compensation and Business Automobile Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional ins respects: liability arising out of activities performed by or on behalf of the Contractor; prod1 completed operations of the contractor; premises owned, leased, hired or borrowed contractor. The coverage shall contain no special limitations on the scope of protection affc the City, its officials, employees or volunteers. All additional insured endorsements r evidenced using separate documents attached to the certificate of insurance; one for each c affording general liability, and employers' liability coverage. m e . * 4,- a4 7/17/98 Contract No. 3667-2 Page 31 of 84 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 I officials, employees or volunteers shall be in excess of the contractor's insurance and s contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage p to the City, its officials, employees or volunteers. 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 ii liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be ei to state that coverage shall not be nonrenewed, suspended, voided, canceled, or red1 coverage or limits except after thirty (30) days' prior written notice has been given to the certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self- retention levels must be declared to and approved by the City. At the option of the City, eitt insurer shall reduce or eliminate such deductibles or self-insured retention levels as respt City, its officials and employees; or the contractor shall procure a bond guaranteeing pay losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall a waiver of all rights of subrogation the insurer may have or may acquire against the City o its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its po~ shall furnish separate certificates and endorsements for each subcontractor. Covera subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating ii Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the busi insurance by the State of California Insurance Commissioner as admitted carriers as evidenc listing in the official publication of the Department of Insurance of the State of Californiz under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurai original endorsements affecting coverage required by this clause. The certificatl endorsements for each insurance policy are to be signed by a person authorized by that in bind coverage on its behalf. The certificates and endorsements are to be in forms approvec City and are to be received and approved by the City before the Contract is executed by the (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be i in the Contractor's bid. @ @ a em %# 7/17/98 Contract No. 3667-2 Page 32 of 84 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resc accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter I , Ad (commencing with section 20104) which are incorporated by reference. A copy of Articlc included in the Special Provisions I section. The contractor shall initially submit all clain $375,000 to the City using the informal dispute resolution process described in Public C Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the c all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Ci Government Code) for any claim or cause of action for money or damages prior to filing any for breach of this agreement. (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 z 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly SL false claim to a public entity. These provisions include false claims made with deliberate igi 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 th 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 fak may subject the Contractor to an administrative debarment proceeding wherein the Contrac 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 referer (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarr another jurisdiction is grounds for the City of Carlsbad to disqualify the Cont ctor or subco 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 e available at no COI City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princip 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 sut for any monies withheld by the City to secure performance of this contract for any 01 established by this contract. Any other security that is mutually agreed to by the Contractor City may be substituted for monies withheld to ensure performance under this Contract. @ 0 - A (Initial) 0 e= \@ 7/17/98 Contract No. 3667-2 Page 33 of 84 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino 0 Mera Williams, Notary Public Name and Title of Officer (e g 'Jane Doe, Notary Public') personally appeared Joseph W. Silvia, President Claire Re Manchc Nameis) of Signeris) secrel =personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(& whose nameCsQ is/- subscribed to the within instrument and acknowledged to me that he/sku#%ey executed the same in his/-ir authorized capacity(i$), and that by hisl-ir signature($ on the instrument the personw, or the entity upon behalf of which the personw acted, executed the instrument. L a Place Notary Seal Above Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document. Document Date: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title(s) C Partner - CI Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: e 0 1997 National Notary Association * 9350 De Sot0 Ave PO Box 2402 - Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll-Free 1-1 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. 16. Additional Provisions. Any additional provisions of this agreement are set forl "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES M1 ATTACHED 0 (CORPORATE SEAL) CONTRACTOR: LORRAINE M. WOOD, Deputy City Cle (sign here) (print name and title) e Claire R. Manchester-Warnel, Secretary President or vice-president and secretary or assistant secretary must sign for corporation1 one officer signs, the corporation must attach a resolution certified by the secretary or ( secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 0 em tS 7/17/98 Contract No. 3667-2 Page 34 of 84 BOND 83972783 PREMIUM $10,422 I-, FAITHFUL PERFORMANCENVARRANTY BOND WHEREAS, ti78 City Councli of the City of Carlsbad, State of California, by Re , has aw: d NO.-, 99-229 , adopted JUNE 22, 1999 SILVIA CONSTRUCTION, INC. 1 (her designated as the "Principal"), a Contract for: 19g9 PAVEMENT OVERLAY PROJECT CONTRACT NO. 3667-2 in the City of Carlsbad, in strict conformity with the contract, the drawings and specificati ufier Contract Documents now on flle In the Offlce of the CIty CIerk of the City of Carlsb which are incorporated herein by #is reference. WHEREAS, Principal has executed or is about to execute said Contract and the term: require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, SlLVlA CONSTRUCTION, INC. , as F (hereinafter designated as the "Contractor"), and , as Surety, are held and fiml bound unto the Ci of ( in the sum of ONE MILLION TWO HUNDRED FORTY &EN THOUSAN8Tl- HUNDRED TWO AND 71/00---------- Dollars ($~.! ,247,302+77 ), said sum bel to one hundred percent (100%) of the estimated amount of the Contract, to be paid to ( certain attorney, its successors and assigns; for which payment, well and truty to be made OUTS~~VBS, our heirs, executors and administrators, successors or assigns, jointly and firmly by these presents. THE CONDITION OF THIS OBLfGATlON I$ SUCH that if the above bounden Contra heirs, executors, administrators, successors or assigns, shall in all things stand to and abic well and truly keep and perform the covenants, conditions, and agreements in the Contrac afteration thereof made as therein provided on their part, to be kept and performed at the in the manner therein specified, and in all respects according to their true intent and mez shall indemnify and save harmless the City of Carisbad, its affkers, empiuyees and a therein stipulated, then this obljgation shall become null and void; otherwise it shall rem force and effect. A5 a part of the obligation secured hereby and in addition to the face amount specifiec there shall be induded costs and reasonable expenses and fees, Induding reasonable fees, incurred by the City in successfully enforcing such obligation, all to be taxed as included In any judgment rendered. surety stipulates and agrees that no change, extension of time, alteration or addition to th the Contract, or to the work to be performed thereunder or the specifications accomp; same shall affect its obligations on this bond, and it does hereby waive notice of an extension of time, alterations or addition to the terns of the contract or to the work specifications. L .- ..,, GREAT AMERICAN INSURANCE COMPANY *, @ a Q 7/17/98 Contract No. 3667-2 Page 37 of 1 In the event that Contractor b an indlvIdual, it is agreed that the death of any such Contrac not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 1st Executed by SURETY this 1ST & day of July *,-I9 99. JULY ,WE CONTRACTOR: SURETY: SILVIA CONSTRUCTION, INC. GREAT AMERICAN INSURANCE COMPANY (name of Surety) P.O. BOX 5440, ORANGE, CA 92863-5L (address of Surety) (telephone number of Surety) (714) 740-2400 (print name here) President By: maL&% (Title and Organization ob Signatory) (signatu re of Atto M ey- i n- Fact) BY:& g.u DAVID L. CULBERTSON , b -DM (printed name of Attomey-in-Fad) 7 (sign here) Claire R. Manchester-Wamel (print name here) (Title and Organization of signatory) (~tt~tctr CorpomtIt resaluticm showini power of attorney.) a Secretary (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be ai (President or vice-president and secretary or assistant secretary must sign for corporatior one officer signs, the corporation must attach a resolution certffied by the secretary or secretary under corporate seal empowering that officer to bind #e corporation.) APPROVED AS TO FORM: RONALD R. BALL e Page 38 of Q m98 Contract No- 3667-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino 0 , before me, Mera Williams, Notary Public Name and Title of Officer (e g , Jane Doe Notary Public’) perSonally appeared Joseph W. SilVia, President Claire Re Manck - Narne(s) of Signer(s) secr‘c x[xJ personally known to me 0 proved to me on the basis of satisfactory evidence to be the persono whose name(a isle subscribed to the within instrument and acknowledged to me that he/sb#%y executed the same in his/t=tm+W%r authorized capacity(ieji9, and that by his/hprW”r signaturew on the instrument the person(%, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. e a Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Corporate Officer - Title(s): 0 Partner - Limited 0 General 0 Attorney in Fact 3 Guardian or Conservator Signer Is Representing: I)- 0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-80C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE a On 07-01-99 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON persoi known to me to be the person whose name is subscribed tc within instrument and acknowledged to me that he executec same in his authorized capacity, and that by his signature o instrument the person or the entity upon behalf of whick person acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to 1 relying on the document and could prevent fraudulent reattachment of this form a DESCRIPTION OF ATTACHED lXXUME" PERFORMANCE BOND TITLE OR TYPE OF DcrcuNeMT NVMBER OF PAGES DA!lZ OF - 07-01-99 2 CAPACITY CZAIMED BY SIGNER INDIVIDUAL 0 CORPORATE OFFICER 0 PARTNER (S) ATTORNEY-IN-FACT 0 TRUSTEE (S) TITLE (S) SIGNER IS aPmSENTIN6: GREAT AMERICAN INSURANCE COMPANY a BUNU 1FJYI.L PREMIUM INCLUDED IN PERFORMANCE B LABOR AND MATERIALS BOND 3 ' WHEREAS, the City Council of the City of Carlsbad, State of California, by Re! No. 99-229 , adopted JUNE 22, 1999- , has awai (hereinafter designated as the "Principal"), a Contract for: SIlVIA CONSTRUCT ION, INC. I909 PAVEMENT OVERLAY PROJECT CONTRACT NU. 3867-2 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 Cartsbad and all of wI incorporated herein by this reference. WHEREAS, Principai has executed of 1s about to execute said Contract and the terms require the furnishing of a bond, providing that if Pnncipai or any of their subcontractors sht pay for any materials, provisions, provender or other supplies or teams used In, upon or a performance of the work agreed to be done, or for any work or labor done thereon of any I Surety an this bond w-tl pay the Same to the extent hereinafter set forth. NOW, THEREFORE, WE, as PrindPaf, (hereinafter designated as the "Cantsactor"), and GREAT AMERICAN INSURANCF as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED .THREE THOUSAND,.SI_X, HUNDRED- FIFTY ONE AND 36/9,------------------ ($ 623,651.36 , said sum being frfty percent (50%) of the estimated amount pa the City of Cadsbad under)ths terms of the Contract, for which payment well and truly to'l we bind ourseIves, our heirs, executors and administrators, successors, or assigns, jo severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontrr to pay fur any materiats, provisions, provender, supplies, or teams used in, upon, for, or i performance of the work contracted to be done, or for any other work or labor thereon of ur for amounts due under the Unemployment Insurance Code with respect to such work or for any amounts required to be deducted, withheld. and paid over to the Employment Dev Department from the wages of employees of the contractor and subcontractors pursuant t 13020 of the Unemployment Insurance Code with respect to such work and labor that the S pay for the same, not to exceed the sum specified in the bond, and, atso, in case suit i' upon the bond, costs and reasonable expenses and fees, including reasonable attorney' be fixed by the court, as required by the provisions of section 3248 of the California CIvll Cc This bond shall inure to the benefit of any and all persons, companies and corporations ( file claims under Title 15 of Part 4 of Division 3 of the Civil Code (wmmencing with section Surety stiputates and agrees that no change, extenslon of time. alteration or addition to thc the Contract, or to the work to be performed thereunder or the specifications acwrnpa Same shall affect its obllgatrons on thb bond, and it does hereby waive notice of an' extension of time, alterations or addition to the terms of the contract or to the work SILv/1A CONSTRUCTION, INC. i a specifications. G 7/17/98 Contract No. 3867-2 Page 35 of In the event that Contractor is an individual, it is agreed that the death of any such Contra not exonerate the Surety from its obiigations under this bond. 0 Executed by CONTRACTOR this 1 st Executed by SURETY this lST 99 of JULY dayof July P 19-; I CO NTFWCTOR: SURETY: SILVIA CONSTRUCTION, INC. GREAT AMERICAN INSURANCE COMPA (name of Surety) (address of Surety) (telephone number of Surety P.O. BOX 5440, ORANGE, CA 92863 (7 14) 740-2400 President (titie and organization of signatory) Oy: & (sign Y7tAWLd here) -4& DAVID L. CULBERTSON (printed name of Attorney-in-Fa (attach corporate resolution showing I power of attorney) Claire R. Manchester-Wamel (print name here) Secretary e . (title and organization of signatory) I (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be a1 (President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporaion must attach a resolutfon certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL e a 7/17/98' Contract No. 3667-2 Page 36 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino a Mera Williams, Notary Public , before me, Date Name and Title of Officer (e g Jane Doe Notary Public ) personally appeared Joseph W. Silvia, President Claire R* Mane Name(s) of Signer(s) secr =personally known to me 0 proved to me on the basis of satisfactor evidence to be the personM whose name@$ is/= subscribed to the within instrument ani acknowledged to me that he/ske#twy execute1 the same in his/hx#har authorize1 capacity(is), and that by his/- signature9 on the instrument the person@, c the entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal. a Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date Number of Pages Signer(s) Other Than Named Above: 0 Individual [? Corporate Officer - Title(s). 0 Partner - 0 Limited 0 General c! Attorney in Fact 0 Guardian or Conservator 0 1997 National Notary Association - 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll-Free 1 a STATE OF CALIFORNIA COUNTY OF ORANGE a On 07-01-99 before me, LEXIE SHERWWD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON person? known to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed same in his authorized capacity, and that by his signature on instrument the person or the entity upon behalf of which person acted, executed the instrument- OPTIONAL Though the data below is not required by law, it may prove valuable to p relying on the document and could prevent fraudulent reattachment of this form. 0 DESCRIPTION OF ATTACmD IWCUMENT PAYMENT BOND TITLE OR TYPE OF m lmM%ER OF PAGES 07-01-99 LwrE OF lxxmmrm 2 CAPACITY CLAIMED BY SIGNER c1 INDIVIDUAL CORPORATE OFFICER 0 PARTNER (S) B ATTORNEY-IN-FACT 0 TRUSTEE (S) TITLE (S) SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY e 0. Ca. Insurance Services . 0. Box 54670 Silvia Construction, Inc. 9007 Center Ave. Rancho Cucamonga,CA 91730-5311 ER'S & CONTRACTOR'S PROT ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS EMPLOYERS LIABILITY THE PROPRIETOR/ Contract No. 3667-2 City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 POLICY NUMBER. SRGOO265 COMMERCIAL GENERAL LIABILITJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR e CONTRACTORS (FORM B) (Including “Primary” Wording) This endorsement modifies insurance provided under the following: COMMERCLAL GENERAL LIAT3ILITy’ COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: 1999 Pavement Overlay Project a Contract No. 3667-2 (If no entry appears above, information required to complete this endorsement will be sho the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization in the Schedule, but only with respect to liability arising out of or related to “your work” or its supei for that insured by or for you. PRIMARY INSURANCE: It is agreed that such insurance as afforded by this policy for the t of the additional insured shall be primary insurance as respects any claim, loss or liability a directly or indirectly from the insured’s operations and any other insurance maintained I additional insured shall be nontontributory with the insurance provided hereunder. 0 AI-Primary CG20 lop( POLICY: DZA80 181363 Named Insured: Silvia Construction, Inc. a THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. AMENDMENT OF CONDITION: TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSTNESS AUTO COVERAGE FORM COMMERCIAL BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: 1999 Pavement Overlay Project Premium: 0 Contract No. 3667-2 (E no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. This Endorsement provides only those coverages where a premium is shown in the schedulc B. The TRANSFER OF RIGHTS RECOVERY AGAINST OTHERS TO US condition does apply to the person or organization named in the schedule for “accidents” or “losses” occurring after the effective date of this endorsement. AUTOTRANSF (7-95) e . Y POLICY NUMBER SRGOOO265 GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. e WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad Purchasing Department 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Re: 1999 Pavement Overlay Project @ Contract No. 3667-2 (Ifno entry appears above, information required to complete this endorsement will be show the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown Schedule because of payments we make for injury or damage arising out of "your work" under a contract with that person or organization. The waiver applies only to the pers organization shown in the Schedule. a GL Waiver Copyright, Insurance Services Office, Inc., 1984 .. j ‘i I‘ - 0 NOTICE TO BIDDERS June 2, I999 The City of Carlsbad hereby issues “Addendum No. 1” to the Contract Documei Special Provisions for the 1999 Pavement Overlay Project, Contract No. Addendum no. 1 consists of this notice, 3 pages with 9 attachments and 35 plan Addendum No. 1 changes the quantities of the following items: item #I - ARHM Overl; #2 - Cold Milling 5’ Width, Item #3 - Cold Milling 10’ Width(Header Cut), Item #6 - 1 White Skip Line per Caltrans detail 12, Item #I4 - Paint 4” Double yellow median per C detail 22, Item #23 - Raise & Adjust to Grade Monument Boxes, Item #24 - Raise & A Grade Storm Sewer Access Covers, item #27 Construct Full Depth AC Patch, lten Raise & Adjust to Grade Water Valve Boxes, Item #31 - Raise & Adjust to Grade B Assembly Boxes; and adds six new Bid Items to the Contractor‘s Proposal sectior are item #33 - Cold Milling 25’ Width(Header Cut), item #34 - C2-AR4000 Overlay, iter Paint Yield Pavement Legend, item #36 - Paint 12” White Line, item #37 - Paint T Arrow, and item #38 - Paint Signal Ahead Pavement Legends. Addendum No. 1 adds I sheets, revises 2 (two) plan sheets and modifies the Contractor’s Proposal Section,.p: Engineer‘s Estimate, page 55 - Time of Completion, and page 82 - Asphalt Rubber original Special Provisions. The provkions contained in the addendum are made part notice, bid sheets and specifications of the project as though originally bound with thew this date Addendum No. 1 contains all changes to the originally issued specifications. Bidders are advised to verify the issuance of addenda and receipt thereof one day F without acknowledgment of all addenda may be caL Public Works Director c: Principal Civil Engineer, Walter H. Brown Purchasing Officer, Ruth Fletcher Attach men ts LBH:jb a 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-1 161 - FAX (760) 431 -57 .. $. > ’1. ADDENDUM NO. I TO CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR Tt ’1999 PAVEMENT OVERLAY PROJECT Page I of 3 a CONTRACT NO. 3667-2 To the Special Provisions, Notice Inviting Bids and Contractor’s Proposal sectior the following: 0 To page 5, paragraph 2 of the special provisions, change Engineer’s Estim $980,000 to cc$1,530,000” (see page 5 of special provisions attached). 0 To page 55, section 6-7 of the special provisions, Time of Completion, changt days from 55 working days to 67 working days. To page 82 of the special provisions, section 600 - Modified Asphalts, Pavem Processes, change line to read “Asphalt Rubber shall be Type B or Type D.“ To Contractor’s Proposal item no. I, Asphalt Rubberized Hot Mix (ARHM) change Approximate Quantity and Unit from 12,000 Tons to ‘‘I 5,800 Tons’’ (set Contractor’s Proposal sheet attached). To Contractor’s Proposal item no. 2,’Cold Milling 5’ Width, change Approximatc and Unit from 26,300 LF to “48,350” LF” (see revised Contractor’s Propc attached). To Contractor’s Proposal item no. 3, Cold Milling 10’ Width (Header Cut: Approximate Quantity and Unit from 1,360 LF to “2,210” LF (see revised Cc Proposal sheet attached). * To Contractor‘s Proposal item no. 4, change item to read “Traffic Control (In( streets in Addendum No. I)” at 1 LS (see revised Contractor’s Propc attached). To Contractor‘s Proposal item no. 6, Paint 4” White Skip Line per Caltrans change Approximate Quantity and Unit from 25,800 LF to ‘‘29,900” LF (sc Contractor‘s Proposal sheet attached). To Contractor‘s Proposal item no. 14, Paint 4’’ Double Yellow Median per Caltr 22, change Approximate Quantity and Unit from 1020 LF to “10,700” LF (st Contractor‘s Proposal sheet attached). a * e h \, ’. jl. .. ADDENDUM NO. I TO CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR THE 1999 PAVEMENT OVERLAY PROJECT Page 2 of 3 a CONTRACT NO. 3667-2 0 To Contractor’s Proposal item no. 21, Replace Traffic Signal Loop Detectors(Ty change Approximate Quantity and Unit from 69 EA to “73” EA (see r( Contractor‘s Proposal sheet attached). To Contractor‘s Proposal item no. 23, Raise & Adjust to Grade Storm Monument E change Approximate Quantity and Unit from 17 EA to “51” EA (see ri Contractor’s Proposal sheet attached). 0 To Contractor’s Proposal item no. 24, Raise & Adjust to Grade Storm Sewer F Covers, change Approximate Quantity and Unit from 11 EA to “14” EA (see rr Contractor’s Proposal sheet attached). To Contractor’s Proposal item no. 27, Construct Full Depth AC Patch, c Approximate Quantity and Unit from 1,175 Tons to “2,435” Tons (see rr Contractor‘s Proposal sheet attached). 0 To Contractor‘s Proposal item no. 30, Raise & Adjust to .Grade Water”Valve E change Approximate Quantity and Unit from 60 EA to “68” EA (see revised Contn Proposal sheet attached). 0 To Contractor‘s Proposal item no. 30, Raise & Adjust to Grade Blow Off Ass Boxes, change Approximate Quantity and Unit from 14 EA to “15” EA (see ri Contractor’s Proposal sheet attached). To Contractor‘s Proposal, add item no. 33, Cold Milling 25’ Width(Header Cut) Approximate Quantity and Unit of “260” LF (see revised Contractor‘s Proposal attached). To Contractor’s Proposal, add item no. 34, C2-AR4000 Overlay at an Appro: Quantity and Unit of “2,400” Tons (see revised Contractor‘s Proposal sheet attact To Contractor‘s Proposal, add item no. 35, Paint Yield Pavement Le (Thermoplastic) at an Approximate Quantity and Unit of “I” Each (See rl Contractor’s Proposal sheet attached). a 0 x. q '* ' *< ADDENDUM NO. I TO CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR TH I999 PAVEMENT OVERLAY PROJECT Page 3 of 3 a CONTRACT NO. 3667-2 To Contractor's Proposal, add item no. 36, Paint 12" White Line at an Apprc Quantity and Unit of "1,400" LF (see revised Contractor's Proposal sheet attache To Contractor's Proposal, add item no. 37, Paint Type IV Pavement Arrow Approximate Quantity and Unit of "10" EA (see revised Contractor's Proposa attached). 0 To Contractor's Proposal, add item no. 38, Paint Signal Ahead Pavement Legen Approximate Quantity and Unit of 4 EA (see revised Contractor's Proposal attached ). To the contract plan sheets modify the following: Delete plan sheet numbers 1 and 2, and substitute plan sheet numbers I and 2 in1 in this addendum. Add plan sheets number 40, through 72 included in this addendum. 0 0 i 7 ', ' 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 8. Certificate of Insurance 9. Bidder' s Statement Re Debarment 1O.Bidder's Disclosure Of Discipline R o 4. Designation of Subcontractors 1 1 .Purchasing Department Repre! and Certification 12.Escrow Agreement for Security D (optional, must be completed if th wishes to use the Escrow Agree and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors 8( Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility Security) 7. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quan approximate and serve solely as a basis for the comparison of bids. The Engineer's $1,530,000. No bid shall be accepted from a contractor who is not licensed in accordance with the proc California state law. The contractor shall state their license number, expiration c' classification in the proposal, under penalty of perjury. The following classifications are ac for this contract: A, C12. C32 in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documer of the usual 10% retention from each payment, these documents must be completed and I 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 Pi Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundal $25 (Twenty-Five dollars) per set: If plans and specifications are to be mailed, the cost foi should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the ( specifications or other contract documents, or finds discrepancies in or omissions from the and specifications may submit to the Engineer a written request for clarification or correct response will be made only by a written addendum duly issued by the Engineer a coy of \ be mailed or delivered to each person receiving a set of the contract documents. No addit modification of or interpretation of any provision in the contract documents will be given ( may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irre! informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the shall be those as determined by the Director of Industrial Relations pursuant to the sectic 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a cur of applicable wage rates is on file in the Office of the City Engineer. The Contractor to i Contract is awarded shall not pay less than the said specified prevailing rates of was workers employed by him or her in the execution of the Contract. 0 ,_ + .. +,, ‘ \. .. Add the following section: 6-l.Z.lO.3 “Not Accepted.” The Contractor must resubmit the schedule incorporatin corrections and changes of the comments prior to receipt of payment per section 6-1.8.1 Notice to Proceed will not be issued by the Engineer if the changes of the comments ai submitted as required hereinbefore and marked “Accepted’’ or “Accepted with Commen the Engineer. The Contractor, at the sole option of the Engineer, may be considered as t- defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR changes of the comments are not submitted as required hereinbefore and marked ‘‘Acc~ by the Engineer. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Conk preparation, revision and maintenance of the Construction Schedule are incidental to thc and no separate 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, equi and materials, and performing all operations necessary to complete the Project Work as on the Project Plans and as specified in the Specifications. The full depth AC patch adjac newly constructed 6” PCC curb and gutter shall be constructed a minimum of se calendar days after the placement of the 6” PCC curb and gutter. ARHM overlay will t‘ placed over the AC patch as shown on the plans. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi- Project Meetings. Each Project Meeting shall be attended by the Contractor’s Represei The Project Representative shall be the individual determined under section 74 Contractor’s Representative”, SSPWC. No separate payment for attendance of the Cor the Contractor‘s Representative or any other employee or subcontractor or subcont employee at these meetings will be made. a 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. The Contractor shall provide notice to the Engineer within two hours of the beginning of any period that the Contra( placed any workers or equipment on standby for any reason that the Contractor has detc to be caused by the Agency or by any organization that the Agency may otherwise be o by. The Contractor shall provide continuing daily written notice to the Engineer, each day, throughout the duration of such period of delay. The initial and continuing written shall include the classification of each workman and supervisor and the make and r each piece of equipment placed on standby, the cumulative duration of the stanc Contractor’s opinion of the cause of the delay and a cogent explanation of why the Cc could not avoid the delay by reasonable means. Should the Contractor fail to pro notice@) required by this section the Contractor agrees that no delay has occurred ar will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently pros work to completion within 67 working days after the starting date specified in the F Proceed. Modify as follows: a *. \T *, 4* e. SUPPLEMENTAL PROVISIONS TO FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES a STANDARD SPECIFICATIONS SECTION 600 - MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-2 Crumb Rubber Modified (CRM) Binders and Pavements -Wet Process 600-2.1 Asphalt-Rubber Asphalt Rubber shall be type B or type D. 600-2.5.4 Composition and Grading Asphalt Rubber Hot Mix shall be Class ARHM-GG-C. e t e CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION a The following representation and certification shall be completed, signed and returned to 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 Are you currently certified by CALTRANS? Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(S): Mark all applicable blanks. This offeror repres part of this offer that: This firm is-, is notx a minority bushes5 This firm is-, is notL a woman-owned bi WOMAN-OWNED BUSINESS: A woman-owi ness is a business of which at least 51 p owned, controlled and operated by a woman o Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: Is: DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority ARHM Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group . members. The Small Business Administration CoNSTRUCTloN CoNTRACToR: (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS leD- No. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. Silvia Construction, Inc. COMPANY NAME 9007 Center Avenue ADDRESS Rancho Cucamonyar Ca. 91730 CITY, STATE AND ZIP (909)481-8118 TELEPHONE NUMBER Street construction 0 defines the socially and economically disadvantaged A CLASSIFICAT1oN(S): LlCENSE NUMBER: 568 1 94 Americans (Le., U.S. Citizens whose origins are from 33-0348408 e Q-= rrs 7/17/98 Contract No. 3667-2 Page 39 of 84 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Cil whose add hereinafte "Contractor" and whose add here * called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of C: the contractor has the option to deposit securities with the Escrow Agent as a substi retention earnings required to be withheld by the City pursuant to the Construction ( entered into between the City and Contractor for The 1999 Pavement Overlay Project, C No. 3667-2 in the amount of dated (he1 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 r 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 st withdrawal by Contractor at any time and from time to time without notice to the City. * . e em a@ 7/17/98 Contract No. 3667-2 Page 40 of 84 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow E 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 Contract1 7. The City shall have a right to draw upon the securities in the event of default by the Con1 Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrov shall immediately convert the securities to cash and shall distribute the cash as instructed City. 8. Upon receipt of written notification from the City certifying that the Contract is final and cc and that the Contractor has complied with all requirements and procedures applicable Contract, the Escrow Agent shall release to Contractor all securities and interest on depo escrow fees and charges of the Escrow Account. The escrow shall be closed immediate 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 coi pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor sh Escrow Agent harmless from Escrow Agent's release, conversion and disbursement securities and interest as set forth above. IO. 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 I) 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 Escrc a fully executed counterpart of this Agreement. * em kg 7/17/98 Contract No. 3667-2 Page41 of 81 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers date first set forth above. For City: Title e Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature a Address a em rr# 7/17/98 Contract No. 3667-2 Page42of 8 SPECIAL PROVISIONS THE I999 PAVEMENT OVERLAY PROJECT a FOR CONTRACT NO. 3667-2 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBI 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 irn used, it shall be understood that the direction, designation or selection of the Engineer is ir unless stated otherwise. The word "required" and words of similar import shall be under! mean "as required to properly complete the work as required and as approved by the Er unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", a words of similar import are used, it shall be understood such words are followed by the ex1 "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ai "acceptance", or words of similar import are used, it shall be understood that the a acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractc expense, shall perform all operations, labor, tools and equipment, and further, inch furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and 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. 4- t# 7/17/98 Contract No. 3667-2 Page 43 of t3d - e City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager claims submitted by the Contractor. The City Manager is the last appeal level for informal dispi resolution. Engineer - the Public Works Director of the City of Carlsbad or hidher approved representativ, The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than IO percent (10%) of the origir Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hire directed, supervised and paid by the Contractor to accomplish the completion of the Work. Furthc such employees have their employment taxes, State disability insurance payments, State ai Federal income taxes paid and administered, as applicable, by the Contractor. When used Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leas1 and uses to accomplish the Work. Equipment that is owner operated or leased equipment with i operator is not part of the Contractor’s Own Organization and will not be included for the purpose compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner OperatodLessor - Any person who provides equipment or tools with an operator provide who is employed by neither the Contractor nor a subcontractor and is neither an agent or employe of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal fc informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administratioi and first level for informal dispute resolution. Senior Inspector - the Project Inspector‘s immediate supervisor and first level of appeal fo informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requirinc the Contractor to complete 50 percent of the contract price with its own organization, the Agenc) may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent Oi the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of E violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (IO) days in advance 01 the time and location of said hearing. The determination of the City Council shall be final. em a@ 7/17/98 Contract No. 3667-2 Page 44 of 84 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: "who is listed in the latest version of U.S. Department of Treasury Circular 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 contrac faithful performance/warranty bond shall be in the amount of 100 percent of the contract pr the payment bond shall be in the amount of 50 percent of the contract price. Both bonc extend in full force and effect and be retained by the Agency during this project until tf released according to the provisions of this section. The faithful performancelwarranty bond will be reduced to 25 percent of the original amount : after recordation of the Notice of Completion and will remain in full force and effect for the c warranty period and until all warranty repairs are completed to the satisfaction of the Engine 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 admit authorized to transact the business of insurance in California and whose assets excel liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor following documents: I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 2) A certified copy of the certificate of authority of the insurer issued by the 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 liak 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 d Section 173 of the Corporations Code. In the case of a foreign insurer, the financial stater 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 < Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 sur thereto, hereinafter designated "SSPWC", as written and promulgated by Joint COC Committee of the Southern California Chapter American Public Works Association and < California Districts Associated General Contractors of California, and as amended by the Provisions section of this contract. The construction plans consist of 39 sheets and is designated as City of Carlsbad Drawing 2. The standard drawings used for this project are the latest edition of the San Diego Area I Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County De of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. C some of the pertinent standard drawings are enclosed as an appendix to these Special Pro\ 2-5.3.3 Submittals, add the following: When submitted for the Engineer's revie Drawings shall bear the Contractor's certification that the Contractor has reviewed, chec approved the Shop Drawings and that they are in conformance with the requiremenl Contract Documents. The Contractor shall subscribe to and shall place the following certifii a all submittals: *w ts 7/17/98 Contract No. 3667-2 Page45of 8 "I hereby certify that the (equipment, material) shown and marked in this submittal is that propos compliance with the Contract Documents, can be install Title: President Silvia Construction, Inc. Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-bui record set of blue-line prints, which shall be corrected in red daily and show every change from tl original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmer underground piping, valves, and all other work not visible at surface grade. Prints for this purpo! may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall t used only as a record set and shall be delivered to the Engineer upon completion of the work Payment for performing the work required by section 2-5.4 shall be included in various bid items ar no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not distur permanent survey monuments or benchmarks without the consent of the Engineer. Where th Engineer concurs, in writing, with the Contractor that protecting an existing monument in place I impractical, the Contractor shall employ a licensed land surveyor or a registered civil engine€ authorized to practice land surveying within the State of California, hereinafter surveyor, to establis the location of the monument before it is disturbed. The Contractor shall have the monumer replaced by the surveyor no later than thirty (30) days after construction at the site of th replacement is completed. The surveyor shall file corner record(s) as required by $5 8772 an 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which permanent survey monument is located, the Contractor shall adjust the monument frame and cove to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monumen frames and covers shall be protected during overlay or painting operations and be cleaned to thr satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for thr services of a surveyor to perform all work necessary for establishing control, construction staking records research and all other surveying work necessary to construct the work, provide surveyin! services as required herein and provide surveying, drafting and other professional services require( to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site durins all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets tc the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days 01 performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8'1," by 11") paper. The field notes, calculations and data shall be clear and complete with name of the surveyor, the party chief, field crew em p,# 7/17/98 Contract No. 3667-2 Page 46 of 84 Pages members, preparer of the field notes or calculations. They shall be annotated with the observation or calculation, be numbered with consecutive page numbers and shall be r( without resort to any electronic aid, computer program or documentation for any computer p The field notes shall be prepared in conformance with the CALTRANS “Surveys Manu: Contractor shall have a Record of Survey prepared by the surveyor and file it in conformar §§ 8700 - 8805 of the State of California Business and Professions Code when the s performs any surveying that such map is required under 5s 8762 of the State of California B and Professions Code and whenever the Surveyor shall establish, set or construct any per survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks ai (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that ar accessory to, property corners and street centerlines are permanent survey monument! Record of Survey shall show all monuments set, control monuments used, the basis of beari. all other data needed to determine the procedure of survey and the degree of accuracy atk the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closi not exceed 1 part in 40,000. The record of survey shall show the location and justific location of all permanent monuments set and their relation to the street right-of-way. Recc Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the 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 Engine greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe o slope catch points and street crown lines where no median exists. Large slopes shall h point set to aid in construction of the slope. Rough sub-grade stakes for roadway section set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to subbase or aggregate base for the roadway section. The stakes shall be set at edge of p; and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section st 7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no mediar Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.f intervals at top of curb, edge of pavement, and all crown lines and grade breaks. lntei stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Sto staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline i end of the local depression. Curbdcurbs and gutter shall be staked at 7.6 m (25’) intervali line of driveways, and 114, 1/2, 314 delta on returns. Fills to finish grade at 7.6 m (25’) ink the paving pass width shall be painted on the pavement prior to placing each lift of as variable thickness pavement overlays requiring leveling courses. Intersections showing finished asphalt grids shall be painted per the grid. Stakes shall be set to show the loca grade of future curbs adjacent to traffic signal locations where the curb is not being built as this contract. Surveyor shall mark the removal limits and limits of work line shown on thc The markings shall consist of continuous painted lines on asphalt and concrete surfaces flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved arc markings shall be completed by surveyor and inspected and approved by the Engineer b start of construction in the area marked. Centerline monuments shall be laid out, t stamped, and a Record of Survey satisfactory to the Engineer filed with the County in acl with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7. intervals with offsets referencing the top and centerline of pipe on main line and lateral pipeline work the pipe and each access hole, pipe material change, lateral connectio appurtenance, or hydrant location with elevations shall be staked and provided with grac designating the offset of the reference point, station, elevation of reference point, cut (0 feature of pipe that is referenced. Habitat mitigation sites and other areas to be preservec shown on the plans shall be staked and flagged at 7.6 m (25’) intervals prior to the start of i 4- ts 7/17/98 Contract No. 3667-2 Page47of 8 a @ . rl) activities within the limits of the work. Where utility vaults, poles or other facilities are being install1 as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizontal ai vertical location of curb and gutter to facilitate the location of said utility vaults, poles or 0th facilities by the party(ies) constructing them. When no curb and gutter is being installed as a part the project the location of adjacent facilities being constructed as a part of the Contract tl Contractor shall place stakes defining the horizontal and vertical location of such adjacent uti1 vaults, poles or other facilities thatare being installed as parts of, or as adjuncU(s) to, the project. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements ( Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey woi and no additional payment will be made. Extension of unit prices for extra work shall include fi compensation for attendant survey work and no additional payment will be made therefor. Paymei for the replacement of disturbed monuments and the filing of corner records shall be incidental 1 the work necessitating the disturbance of said monuments and no additional payment will be mat therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copie of all records in the Contractor’s or subcontractor’s possession pertaining to the work that th Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to th Engineer, within San Diego County, accurate books and accounting records relative to all it activities and to contractually require all subcontractors to this Contract to do the same. Th Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractor performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interview of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normi business hours and as often as the Engineer may deem necessary, upon reasonable advancc notice, Contractor shall make available to the Engineer for examination, all of its, and a1 subcontractors to this contract, records with respect to all matters covered by this Contract and wil permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data anc records, and to make audits of all invoices, materials, payrolls, records of personnel, and other dati relating to all matters covered by this Contract. However, any such activities shall be carried out ir a manner so as to not unreasonably interfere with Contractor’s ongoing business operations Contractor and all subcontractors to this contract shall maintain such data and records for as Ions as may be required by applicable laws and regulations. . SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. e- p,s 7/17/98 Contract No. 3667-2 Page 48 of 84 Pages 3-3.2.2 ( c ) Tool and Equipment Rental, Regarc ownership, the rates and right-of-way delay factors to be used in determining rental and dela shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALT current at the time of the actual use of the tool or equipment. The right-of-way delay factors shall be used as multipliers of the rental rates for determining the value of costs for delay Contractor and subcontractors, if any, The labor surcharge rates published therein are not a this contract. 3-3.2.3 Markup, (a) and shall constitute the markup for all overhead and profits: I) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be ac compensation for bonding. (b) Work by Subcontractor. 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 portio1 extra work and a markup of 5 percent on work added in excess of $5,000 of the subcor portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Payr extra work will not be made until such time that the Contractor submits completed daily repi 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, un Contractor shall have first given the Engineer due written notice of potential claim as he1 specified. Compliance with this section shall not be required as a prerequisite to notice prov Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differe measurement or errors of computation as to contract quantities. The written notice of potent for changed conditions shall be submitted by the Contractor to the Engineer upon their d and prior to the time that the Contractor performs the work giving rise to the potential clai Contractor's failure to give written notice of potential claim for changed conditions to the upon their discovery and before they are disturbed shall constitute a waiver of all cl connection therewith. The Contractor shall provide the City with a written document containing a descriptio1 particular circumstances giving rise to the potential claim, the reasons for which the Cc believes additional compensation may be due and nature of any and all costs involved 1 working days of the date of service of the written notice of potential claim for changed cor Verbal notifications are disallowed. second paragraph, modify as follows: @ Delete sections 3-3.2.3 (a) and (b) and replace with the following: Work by Contractor. The following percentages shall be added to the Contractor' @ add the following after the second sentence: 0 em aS 7J17198 Contract No. 3667-2 Page 49 of 8r The potential claim shall include the following certification relative to the California False Claims P Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the Califorl 0-1 2655. The undersigned further understar ved, must be restated as a claim in response to tl further considered.” President C&npany Name: Silvia ConstrUCtiOnr Inc. The Contractor’s estimate of costs may be updated when actual costs are known. The Contract1 shall submit substantiation of its actual costs to the Engineer within 20 working days after tt affected work is completed. Failure to do so shall be sufficient cause for denial of any clai subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue I the contract be brought to the attention of the Engineer at the earliest possible time in order th, such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice c potential claim prior to commencing any disputed work. Failure to give said notice shall constitute waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with disput resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor sha attempt to resolve all disputes informally through the following dispute resolution chain of command 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of thf disputed work stating its position on the claim, the contractual basis for the claim, along with al documentation supporting the costs and all other evidentiary materials. At each level of claim 01 appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. 4% p,s 7/17/98 Contract No. 3667-2 Page 50 of 84 Pages A11 claims by the contractor for $375,000 or less shall be resolved in accordance v procedures in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5 (comrnenc Section 201 04) which is set forth below: @ ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five th 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 contracto public agency when the public agency has elected to resolve any disputes pursuant to Ari (commencing with Section 10240) of Chapter I 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 stab Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pay money or damages arising from work done by, or on behalf of, the contractor pursuan contract for a public work and payment of which is not otherwise expressly provided fo claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by 1 agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or speci for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate th Claims must be filed on or before the date of final payment. Nothing in this subdivision is intt extend the time limit or supersede notice requirements otherwise provided by contract for of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re: writing to any written claim within 45 days of receipt of the claim, or may request, in writin 30 days of receipt of the claim, any additional documentation supporting the claim or re defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursua subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sub1 the claimant within I5 days after receipt of the further documentation or within a period 01 greater than that taken by the claimant in producing the additional information, whichever is (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r the claim, any additional documentation supporting the claim or relating to defenses to the ( local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuz 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 suk the claimant within 30 days after receipt of the further documentation, or within a period o greater than that taken by the claimant in producing the additional information or r documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails tc within the time prescribed, the claimant may so natify the local agency, in writing, either days of receipt of the local agency's response or within 15 days of the local agency's respond within the time prescribed, respectively, and demand an informal conference to I e- ts 7/17/98 Contract No. 3667-2 Page 51 of 8 @ 0 confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule 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 dispute, t claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chaptei (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. F purposes of those provisions, the running of the period of time within which a claim must be fil shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision ( until the time that claim is denied as a result of the meet and confer process, including any period 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 shall t construed to change the time periods for filing tort claims or actions specified by Chapter (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Divisic 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subje to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the COL shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both partie The mediation process shall provide for the selection within 15 days by both parties of disinterested third person as mediator, shall be commenced within 30 days of the submittal, ar shall be concluded within 15 days from the commencement of the mediation unless a tirr requirement is extended upon a good cause showing to the court or by stipulation of both parties. the parties fail to select a mediator within the 15-day period, any party may petition the court t appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant t Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedurc notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure shall apply to any proceeding brought under the subdivision consistent with the rules pertaining t judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointe for purposes of this article shall be experienced in construction law, and, upon stipulation of thl parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not t exceed their customary rate, and such fees and expenses shall be paid equally by the parties except in the case of arbitration where the arbitrator, for good cause, determines a different division In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code o Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but doe: not obtain a more favorable judgment shall, in addition to payment of costs and fees under tha chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation o 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputec except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate or any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. arbitration process. *= w 7/17/98 Contract No. 3667-2 Page 52 of 84 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. a 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free ai access to any and all parts of work at any time. Such free and safe access shalt include ml safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertainin! safety of persons as contained in the State of California, California Code of Regulations, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Orders and such other safety regulations as may apply. Contractor shall furnish Engine such information as may be necessary to keep the Engineer fully informed regarding progrc 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. 44.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from sentence of the first paragraph. add the following: Except as specified in these Special Provisions, the Agency will bear thc testing of locally produced materials and/or on-site workmanship where the results of su 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 Engineer before the delivery is started. All materials proposed for use may be inspected or 1 any time during their preparation and use. If, after incorporating such materials into the W found that sources of supply that have been approved do not furnish a uniform product, product from any source proves unacceptable at any time, the Contractor shall furnish i material from other approved sources. If any product proves unacceptable after improper handling or for any other reason it shall be rejected, not incorporated into the work and removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or ex( requirements of the specifications shall be borne by the Agency. Said tests may be mad place along the work as deemed necessary by the Engineer. The costs of any retes necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible satisfactory performance of substituted items. If, in the sole opinion of the Enginc substitution is determined to be unsatisfactory in performance, appearance, durability, comi with associated items, availability of repair parts and suitability of application the Contrac remove the substituted item and replace it with the originally specified item at no cos Agency. @ . SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by of known records, endeavored to locate and indicate on the Plans, all utilities which exist v limits of the work. However, the accuracy and/or completeness of the nature, size and/or IC utilities indicated on the Plans is not guaranteed. 0 e* p,s 7/17/98 Contract No. 3667-2 Page53of 8 54 RELOCATION. Add the following: In order to minimize delays to the Contractor caused the failure of other parties to relocate utilities that interfere with the construction, the Contractc upon request to the Engineer, may be permitted to temporarily omit the portion of work affected the utility. Such omission shall be for the Contractor’s convenience and no additional compensatii will be allowed therefor. The portion thus omitted shall be constructed by the Contracl immediately following the relocation of the utility involved unless otherwise directed by the Enginee SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-‘ and substitute the following: The Contractor shall begin work within 15 calendar days afte receipt of the “Notice to Proceed”. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer w set the time and location for the Preconstruction Meeting. Attendance of the Contractor management personnel responsible for the management, administration, and execution of tt project is mandatory for the meeting to be convened. Failure of the Contractor to have tt Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds fc default by Contractor per section 6-4. No separate payment will be made for the Contractor’ attendance at the meeting. The notice to proceed will only be issued on or after the completion c the preconstruction meeting. Add the following section: 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Enginee. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractc complies with the requirements of these special provisions shall be a condition precedent ti issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Constructioi Schedule does not meet the requirements of these specifications the Contractor shall correct thl Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of thi Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed b, the Contractor complies with the requirements of these special provisions within thirty (30) workin{ days after the date of the preconstruction meeting shall be grounds for termination of the contrac per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not bc included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baselinc Construction Schedule within 15 working days of submittal. The Baseline Construction Schedulc will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3. Add the following section: 6-1.2.1 0.1 “Accepted.” Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. - The Contractor may proceed with the project work upon issuance of thc c)i p,s 7/17/98 Contract No. 3667-2 Page 54 of 84 Pages Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorpora corrections and changes of the comments prior to receipt of payment per section 6-1.E Notice to Proceed will not be issued by the Engineer if the changes of the comments submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments Engineer. The Contractor, at the sole option of the Engineer, may be considered as defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACT0 changes of the comments are not submitted as required hereinbefore and marked “Accel the Engineer. Add the following section: 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prer revision and maintenance of the Construction Schedule are incidental to the work and no s 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, equiprr materials, and performing all operations necessary to complete the Project Work as showr Project Plans and as specified in the Specifications. The full depth AC patch adjacent t constructed 6” PCC curb and gutter shall be constructed a minimum of seven(7) calend after the placement of the 6” PCC curb and gutter. ARHM overlay will then be placed ovei patch as shown on the plans. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Meetings. Each Project Meeting shall be attended by the Contractor‘s Representative. The Representative shall be the individual determined under section 7-6, “The Con Representative”, SSPWC. No separate payment for attendance of the Contractor, the Con Representative or any other employee or subcontractor or subcontractor’s employee i meetings will be made. e @ 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide 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 determine 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 workii 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 sec Contractor agrees that no delay has occurred and that it will not submit any claim@) therefo 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec work to completion withins working days after the starting date specified in the Notice to PI * em tS 7mga Contract No. 3667-2 Page 55 of 84 6-7.2 Working Day. Unless otherwise approved in writing by the Engine the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays throu Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of 1 Engineer if the Contractor desires to work outside said hours or at any time during weekends and holidays. This written permission must be obtained at least 48 hours prior to such work T Engineer may approve work outside the hours and/or days stated herein when, in hidher sc opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. T Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in t Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices adjustment of contract time of completion will be allowed as a consequence of the prohibition work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work i completed and all outstanding deficiencies that may exist are corrected by the Contractor and th Engineer is satisfied that all the materials and workmanship, and all other features of the WorC meet the requirements of all of the specifications for the Work. Use, temporary, interim c permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in th Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer wi so certify to the Board. Upon such certification by the Engineer the Board may accept th completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice c Completion” to be filed in the office of the San Diego County Recorder. The date of recordatio shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: A work shall be warranted for one (1) year after recordation of the “Notice of Completion” and an! faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retainec as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentenc of the second paragraph and add the following: For each consecutive calendar day in excess t the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shz pay the Agency, or have withheld monies due it, the sum of one thousand Dollars ($1,000.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that on thousand Dollars ($1,000.00) per day is the minimum value of costs and actual damages caused 1: the Contractor to complete the Work within the allotted time. Any progress payments made after th specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTFWCTOR Add the following: 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers thz have a rating in Best‘s Key Rating Guide of at least A-:V and are admitted and authorized tl conduct business in the state of California and are listed in the official publication of the Departmer of Insurance of the State of California. em %$ 7/A7/98 Contract No. 3667-2 Page 56 of 84 Pages 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance I placed with insurers that are admitted and authorized to conduct business in the state of C and are listed in the official publication of the Department of Insurance of the State of Ca Policies issued by the State Compensation Fund meet the requirement for workers' compt insurance. 7-5 PERMITS. Ex specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right grading, resource agency and building permits necessary to perform work for this con Agency property, in streets, highways (except State highway right-of-way), railways or othe of-way. Contractor shall not begin work until all permits incidental to the work are obtain€ Contractor shall obtain and pay for all permits for the disposal of all materials removed f project. The cost of said permit(s) shall be included in the price bid for the appropriate bid i. no additional compensation will be allowed therefor. a Delete the first sentence and add the following four sentences: 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility co during the relocation or construction of their lines. The Contractor may be granted a time e if, in the opinion of the Engineer, a delay is caused by the utility company. No a compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require shall also be executed on weekends and other non-working days when needed to pres health safety or welfare of the public. The Contractor shall conduct effective cleanup i control throughout the duration of the Contract. The Engineer may require increased I cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healt and welfare of the public. Cleanup and dust control shall be considered incidental to the work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall construction meter for water used for the construction, plant establishment, maintenance, testing and all other work requiring water related to this contract. The Contractor shall COI 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 will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be t with mufflers in good repair when in use on the project with special attention to the C Control Ordinance, Carlsbad Municipal Code Chapter 8.48. @ Said costs e 4- %a 7/17/98 Contract No. 3667-2 Page 57 of 8 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. Add the following: The Contractor shall schedule the work so as prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall r schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7. During overlay operations, the Contractors schedule for overlay application shall be designated provide residents and business owners whose streets are to be overlaid sufficient paved parki. within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affec vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification the impending disruption. For a full street closure, all residences and/or businesses on the affectc street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repair the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and i anticipated duration. The notification shall list two telephone numbers that may be called to obta additional information. One number shall be the Contractor’s permanent office or field office and tt other number shall be a 24 hour number answered by someone who is knowledgeable about tt project. At least one of the phone numbers shall be in the (760) area code. An answering machin shall not be connected to either number. The notification shall also give a brief description of th work and simple instructions to the home or business owner on what they need to do to facilitate th construction. The Contractor shall submit the contents of the notification to the Engineer fc approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall bi brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A. In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires reposting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and reposted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. em p,s 7/17/98 Contract No. 3667-2 Page 58 of 84 Pages 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shar accordance with the plans, Chapter 5 of the California Department of Transportation “Mal Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic system is damaged, displaced, or ceases to operate or function as specified, from any cause, the progress of the work, the Contractor shall immediately repair said component to its ( condition or replace said component and shall restore the component to its original location. event that the Contractor fails to install and/or maintain barricades or such other traffic markings, delineation or devices as may be required herein, the Engineer may, at his/h option, install the traffic signs, markings, delineation or devices and charge the Contractor dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic facility, whichever is the greater. Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic sig control devices shall be maintained throughout the duration of work in good order and acco the approved traffic control plan. All construction area signs shall conform to the proviz section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provir section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provis section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb I shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint ! rapid dry water borne conforming to CALTRANS Specification No. 8010-91 D-30. Warni advisory signs, lights and devices installed or placed to provide traffic control, direction warning shall be furnished, installed and maintained by the Contractor. Warning and advisor lights and devices shall be promptly removed by the Contractor when no longer required. \ and advisory signs that remain in place overnight shall be stationary mounted signs. St signs that warn of non-existant conditions shall be removed from the travelled way and f view of motorists in the travelled way or shielded from the view of the travelling public duri periods that their message does not pertain to existing conditions. Care shall be used in pel excavation for signs in order to protect underground facilities. All excavation required t stationary construction area signs shall be performed by hand methods without the use c equipment. Warning and advisory signs that are used only during working hours may be signs. Portable signs shall be removed from the travelled way and shielded from the vie travelling public during non-working hours. During the hours of darkness, as defined in Di Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the ( the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If ilk traffic cones rather than post-type delineators are used during the hours of darkness, they affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifi except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employt not be parked within the traveled way, including any section closed to public traffic. When Contractor‘s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic I shoulder area shall be closed with fluorescent traffic cones or portable delineators placed o in advance of the parked vehicles or equipment and along the edge of the pavement at 7.( intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A I of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work P C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign telescoping flag tree with flags. The sign post or flag tree shall be placed where directe Engineer. @ 0 a em ts 7/17/98 Contract No. 3667-2 Page 59 of e Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m ( nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment 0.6 m (2') shall be measured from the closest approach of any part of the equipment as ii operated and/or maneuvered in performing the work. This requirement may be waived when Engineer has given written authorization to the reduction in clearance that is specific to the tin duration and location of such waiver, when such reduction is shown on the traffic control ple included in these contract documents, when such reduction is shown on the traffic control pk prepared by the Contractor and approved by the Engineer or for the work of installing, maintaini and removing traffic control devices. As a condition of such waiver the Engineer may require 1 Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjact traffic lane or provide barriers. During the entire construction, a minimum of two paved traffic lanes, not less than 3.6m (12') wir shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closii traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRAh "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere these Special Provisions. The provisions in this section will not relieve the Contractor from I responsibility to provide such additional devices or take such measures as may be necessary maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic contr system, except portable delineators placed along open trenches or excavation adjacent to tb traveled way, shall be removed from the traveled way and shoulder at the end work period. If th Contractor so elects, said components may be stored at selected central locations, approved by th Engineer, within the limits of the right-of-way. Add the following section: 7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic strip. operations, traffic shall be controlled with lane closures, as provided for under "Traffic Contrc System for Lane Closure" of these Special Provisions or by use of an alternative traffic control plai proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffil striping operations using an alternative plan until the Contractor has submitted its plan to thl Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall bt furnished, placed, maintained and removed in accordance with the minimum standards specified it Chapter 5 of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavemeni delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineatior shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. e= p,s 7/17/98 Contract No. 3667-2 Page 60 of 84 Pages Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose r Temporary pavement delineation shall not be applied over existing pavement delineation temporary pavement delineation. Temporary pavement delineation shall be maintain superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Enginc temporary pavement delineation conflicts with the permanent pavement delineation or wit1 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 e the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Conti Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are include project plans, or if the Contractor elects to modify TCP included in the project plans, the Cc shall have such new or modified TCP prepared and submitted as a part of the Work for an) construction activities that are located within the travelled way. The Contractor shall ha prepared and submitted as a part of the Work for any construction activities that are a par project that are not included in the project plans. The Contractor must submit the TCP Engineer's review in conformance with the requirements of section 2-5.3, et seq. and ob Engineer's approval of the TCP prior to implementing them. The minimum 20 day reviev specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal new, modified or added to, for the Engineer's review. New or revised TCP submittals shall all TCP needed for the entire duration of the Work. Each phase of the TCP shall be sl sufficient scale and detail to show the lane widths, transition lengths, curve radii, static features affecting the traffic control plan and the methodology proposed to transition subsequent TCP phase. When the vertical alignment of the travelled surface differs fi finished pavement elevation vertical curves must also be shown. Such modifications, supp and/or new design of TCP shall meet the requirements of the Engineer and of the "MANI TRAFFIC CONTROLS", 1996 Edition as published by the State of California Departi Transportation. Such modification, addition, supplement, and/or new design of TCP : prepared by a registered professional engineer appropriately registered in the State of Cal The Engineer shall be the sole judge of the suitability and quality of any such modifi supplements, and/or new designs to TCP. The Engineer may approve any such modifi supplements, and/or new designs to the TCP when, in the Engineer's sole opinioi modifications, supplements, and/or new designs to the TCP prepared by the registered profc engineer retained by the Contractor will be beneficial to the best interests of the Agenc modification, addition, supplement, and/or new design shall not be implemented and no w( be commenced that is contingent on such approval until the changed TCP are approvec Engineer. The preparation of such modification, addition, supplement, and/or new designs shall not presuppose their approval or obligate the Agency in any fashion. Submittal anc requirements for such modifications, supplements, and/or new designs to TCP shall confori requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum p The contract lump sum price paid for "traffic control" shall include full compensation for furnir labor (including flagging costs), materials (including signs), tools, equipment and incidentals, doing all the work involved in preparation, reproduction and changing of traffic control plans, applying traffic stripes and pavement markers with bituminous adhesive, removing, maintaining, moving to new locations, replacing, and disposing of the components of th control system as shown on the plans and approved additions and modifications, as spe these special provisions, and as directed by the Engineer. All expenses and time to prep em F,s 7/17/98 Contract No. 3667-2 Page61 of 84 0 @ 0 review modifications, additions, supplements andlor new TCP designs shall be included in the IUI sum bid for traffic control and no additional payment will be made therefor. Flagging costs will paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of labor and material portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cos1 labor and material for portable concrete barriers they will be paid as an incidental to the work be performed and no additional payment will be made therefor. Progress payments for “Traffic Contr 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 necessi precautions for the safety of employees on the work and shall comply with all applicable provisic of Federal, State and Municipal safety laws and building codes to prevent accidents or injury persons on, about, or adjacent to the premises where the work is being performed. The Contraci shall erect and properly maintain at all times, as required by the conditions and progress of t work, all necessary safeguards for the protection of workers and public, and shall use danger sig warning against hazards created by such features of construction as protruding nails, hoists, w holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this wc include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possit materials, such as borrow pits or gravel beds, for use in the proposed construction project whi would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditio established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditio of the contract. SECTION 9 -- MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK . 9-1.4 Units of Measurement, modify as follows: the U.S. Standard Measures. The system of measure for this contract shall t 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee perioc shall not be affected by any payment but shall commence on the date of recordation of the “Notic of Completion’’ 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to thc closure date as basis for making monthly progress payments. The estimated value will be basec on contract unit prices, completed change order work and as provided for in Section 9-2 of thc Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (301 calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting 4- p,s 7/17/98 Contract No. 3667-2 Page 62 of 84 Pages forth in writing the reasons why the supplemental payment request was not prope conformance with Public Contract Code Section 20104.50, the City shall make payments thirty (30) days after receipt of an undisputed and properly submitted supplemental p: request from the Contractor. If payment of the undisputed supplemental payment requesl made within thirty (30) days after receipt by the Engineer, then the City shall pay interest Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the C Civil Procedure. Delete the third paragraph and substitute the following: The Agency shall retain 10 pe such estimated value of the work done as part security for the fulfillment of the contracl Contractor, except that at any time after 50 percent of the work has been completed, if the E finds that satisfactory progress is being made, the Agency may reduce the total amour retained from payment pursuant to the above requirements to 5 percent of the total estimate of said work and materials and may also reduce the amount retained from any of the re partial payments to 5 percent of the estimated value of such work. In addition, on an) payment made after 95 percent of the work has been completed, the Agency may red amount withheld from payment pursuant to the requirements of this Section to such lesser i as the Engineer determines is adequate security for the fulfillment of the balance of the w other requirements of the contract, but in no event will said amount be reduced to less tt percent of the estimated value of the work yet to be completed as determined by the En Such reduction will only be made upon the written request of the Contractor and shall be ai in 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 exes approval for the surety shall be properly acknowledged and the power of attorney authori; person executing the approval to give such consent must either accompany the document ( file with the Agency. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final F Estimate and process a corresponding payment. This estimate will be in writing and shall bt total amount owed the Contractor as determined by the Engineer and shall be itemized contract bid item and change order item with quantities and payment amounts and shall : deductions made or to be made for prior payments and amounts to be deducted under provi the contract. All prior estimates and progress payments shall be subject to correction in tl Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate 1 written statement disputing any bid item or change order item quantity or payment amoui Contractor shall provide all documentation at the time of submitting the statement suppc position. Should the Contractor fail to submit the statement and supporting documentatio the time specified, the Contractor acknowledges that full and final payment has been mad contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned ti Engineer will review the disputed item within 30 calendar days and make any apF adjustments on the Final Payment. Remaining disputed quantities or amounts not approver Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Ens ascertain the basis and amount of said disputed items. The Engineer will consider the meri Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasona such further information and details as may be required by the Engineer to determine the contentions involved in its claims. Failure to submit such information and details will be I cause for denying payment for the disputed items. 4- %@ 7/17/98 Contract No. 3667-2 Page63of 84 e 0 @ 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitl in a written statement by the Contractor no later than the date of receipt of the final paymt estimate. Those final payment items disputed in the written statement required in subsection 9-: shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim \ be considered that was not included in this written statement, nor will any claim be allowed for wh written notice or protest is required under any provision of this contract including sections : Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Writ1 Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied w notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain t basis and amount of said claims. The Engineer will consider and determine the Contractor’s clair and it will be the responsibility of the Contractor to furnish within a reasonable time such furth information and details as may be required by the Engineer to determine the facts or contentioi involved in its claims. Failure to submit such information and details will be sufficient cause f denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those clair approved by the Engineer. The Contractor shall proceed with informal dispute resolution und subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporatt - ,*- e= t? 7/17/98 Contract No. 3667-2 Page 64 of 84 Pages Type of Construction All Concrete Used Within the Right-of-way Trench Backfill Slurry Street Light Foundations and Survey Monuments @ . Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Maxim Class Slump mm 330-C-23 (7-1 1 15-E-3 200 (I 330-C-23 I00 (1 350-C-27 100 (1 31 0-C-I 7 per Table 3C (560-C-3250) (‘I (1 90-E-400) (560-C-3250) (590-C-3750) (520-C-25OOP) SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2 Materials. Add the following: 203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “ar from the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.” 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used the work. Asphalt concrete shall be class C2-AR 4000. SECTION 209 - SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 209-5 DETECTORS 209-5.01 Vehicle Detectors. Vehicle detectors shall be the type or types shown on the plans. P sensor units, control units, and amplifiers shall meet the requirements of California Test 675. Th units shall not be affected by transient voltages when tested in accordance with California Test 66i After a power interruption the units shall return to normal operation within one minute. Each un shall be provided with a light or meter, for each output circuit, to indicate when the detector i detecting a vehicle. Each detector shall operate over the range of voltages from 100 volts t 135 volts at 60 Hz. Circuitry shall be solid-state except relays with normally closed contacts may b used for the output circuit. Units shall be designed to provide ease of maintenance with easily ac cessible electronic components. Each detector shall provide vehicle detection without readjustmer from -18°C to 71°C (0’ to 160°F). Units shall use printed circuit boards designed to facilitatl identification of components. This shall be done by either part identification markings or b providing a pictorial diagram showing physical location and identification of each component. Eacl printed circuit board shall have the following minimum quality requirements: NEMA FR-4 glass clot1 base epoxy resin board, 1.5 mm (lI16y) minimum thickness, organic solder masking and gold platel contacts. lntercomponent wiring shall be copper track with a minimum mass of 600 g/m2 (2 ozlff). Printed circuit design shall be such that components may be removed and replaced withoL permanent damage to boards or tracks. Splices shall conform to the provisions in Section 209-2.0s “Wiring.” 209-5.01A Inductive Loop Detectors. Inductive loop detectors shall conform to the following: 209-5.01A(I) General. The term “inductive loop detector” applies to a complete installatior consisting of a loop or group of loops installed in the roadway, as shown on the plans, lead-in cable and a sensor unit with power supply installed in a controller cabinet. 209-5.01A(3) Sensor Unit Construction. “Card” type sensor units shall conform to the requirements in ”Traffic Signal Control Equipment Specifications,” issued by the State of California Department of Transportation, and to all addendums thereto current at the time of projec advertising. Shelf mounted sensor units shall conform to the requirements in Section 11 of the NEMA Standards Publication No. TS 1. Capacitors or inductors necessary for loop tuning shall no be mounted external to the sensor unit. . e-. aS 7/17/98 Contract No. 3667-2 Page 66 of 84 Pages 209-5.01A(4) Construction Materials. Conductor for each inductive loop detector st continuous and unspliced and shall conform to one of the following: I. Type 1 loop wire shall be Type RHW-USE neoprene-jacketed or Type USE cross-linked polyethylene insulated, No. 12, stranded copper wire. The minimum insulation thickness point shall be 1.0 mm (40 mils). Type 2 loop wire shall consist of a conductor inside of plastic tubing. The conductor shal Type THWN or Type XHHW, No. 14, stranded copper wire. The tubing shall be polyethy vinyl, rated for use at 105"C, and shall be resistant to oil and gasoline. The tubing shall t maximum outside diameter of 7 mm (0.27") and a minimum wall thickness of 0.71 mm (0 The conductors shall not be spliced inside the tubing. Conductors for loop detector lead-in cable shall be 2 No. 16 (19 x 29) stranded tinned copper detector lead-in cable shall conform to the calculated cross sectional area of ASTM Desigr B 286, Table 1. The lead-in cable shall conform to one of the following: 1. Type B lead-in cable shall be insulated with 0.5 mm (20 mils) of high-density polyethylen, conductors shall be twisted together with at least 6 turns per meter and the twisted pair E protected with a copper or aluminum polyester shield. A No. 20, minimum, copper drain shall be provided and connected to the equipment ground within the cabinet. The cable be provided with a high-density polyethylene or high-density polypropylene outer jacket \I nominal thickness of 0.8 mm (35 mils). An amorphous interior moisture penetration barr nonhydroscopic polyethylene or polypropylene fillers shall be provided. Type C lead-in cable shall conform to International Municipal Signal Association (IMSA) Specification No. 50-2. A No. 20, minimum, copper drain wire shall be provided and con to the equipment ground within the cabinet. 209-5.01 A(5) Installation Details. Installation and tests shall conform to the details an shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of condi specified in Section 209-5.01A(4), "Construction Materials." Slots cut in the pavement ! washed clean, blown out and thoroughly dried before installing conductors. Residue result! slot cutting operations shall not be permitted to flow across shoulders or lanes occupied b traffic and shall be removed from the pavement surface before any residue flows OR pavement surface. Residue from slot cutting operations shall be disposed of outside the 1 right of way in accordance with Section 7-8.1, "Cleanup and Dust Control.'' After conduc installed in the slots cut in the pavement, the slots shall be filled with sealant to within 3 mn the pavement surface. The sealant shall be at least 25 mm (1") thick above the top conduci saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces the use of solvents. The sealant for filling slots shall conform to one of the following: 1. Elastomeric Sealant.- Elastomeric sealant shall be a polyurethane material of a compc that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall I suitable for use in both asphalt concrete and portland cement concrete. The cured seal shall have the performance characteristics in Table 209-5.01 A(5)(A). a 2. 2. @ * *= %$ 7/17/98 Contract No. 3667-2 Page 67 of E ELASTOMERIC SEALANT CHARACTERISTICS Property Measuring Standard Results (ASTM Designation) Hardness ASTM D 2240 Rex. 65-85 (indentation) Type A, Model 1700 Tensile ASTM D 412 Die C, 3.45 MPa, minimum Strength Elongation ASTM D 412 Die C, 4009'0, minimum Flex at -40°C 0.6 mm (25 mil) Nocracks Free Film Bend (1 80") Weathering ASTM D 822 Slight chalking Resistance Weatherometer Salt-Spray ASTM B 117 28 3.45 MPa, minimum tensile; Resistance days at 38°C 400% minimum Elongation Dielectric ASTM D 150 Less than 25% change 350 h Constant - Conditions 25°C @ 50% ri humidity pulled at 508 mm (20 minute pulled at 508 mm (20 minute over 13 mm (V2") Mandr Cured 7 days at 25" 50% 5% NaCI, Die C, pullt 508 mm (20) per minutl over a temperature rani -30-C to 50-C Property Measuring Standard (ASTM Results Designation) Cone ASTM D 3407, Sec. 5 3.5 mm, max. Penetration Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max. Resilience ,ASTM D 3407, Sec. 8 25%, min. Softening ASTM D 36 82 "C, min. Point, Ductility , ASTM D 11 3 300 mm, min. Flash Point, ASTM D 92 288 "C, min. COC, "C Viscosity, ASTM D 4402 2.5-3.5 Pas B roo kfi e Id Thermosel, Conditions 25"C, 150 g, 5 s 25°C 25"C, 50 mm/min No. 27 Spindle, 20 rpm, 19O"C, Surface to be Painted Pre-reatment / Surface Primer Preparation Temporary Railing type Abrasive Blast Cleaning to a None (K) Roughened, Textured Appearance Finish Coats Two coats white Ac Emulsion Paint (‘I Type Stimsonite Chip SeallTemporary Overlay Marker (Models 300 and 301) TFPM Manufacturer of Distributor John C. Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 DAPCO Davidson Plastics Company, 18726 East Valley Highway, Kent, Washington 98032, Telephone (206) 251-8140. Type Safe-Hit SH236MA Carsonite "Super Duck" SDF-436 Rep0 "The Replaceable Post" Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building #I 1 Hayward, CA 94545 Telephone (41 5) 783-6550 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box7 Stanton, CA 90680 Telephone (800) 422-4420 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operatior the Contractor shall not cover or bury any plant growth or other objectionable materials. If tt Contractor cannot successfully separate the plant growth from the surface soil and advertently ( inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminate shall be removed from the site by the Contractor. All costs, if any, associated with removing the s( mixed with organic or other objectionable materials and importing soil to replace said contaminate soil shall be borne by the Contractor and no additional payment therefor shall be made to tt Contractor. Delete subsection 300-1.3.2(a) and replace with the following: 300-1.3.2 Bituminous Pavement. Bituminous pavement shall be removed to straight, sawci lines. Unless otherwise shown on the plans, A.C. shall be sawcut 5’ from the lip of gutter an removed where curb and gutter is designated to be removed and replaced. Delete subsection 300-1.3.2(c) and replace with the following: 300-1.3.2(c) Concrete Curb, Walk, Gutters, Cross-Gutters. Drivewavs. and Alle Intersections. Concrete curb and gutter shall be removed between the limits shown on thl plans which shall coincide with the nearest existing weakened plane joint or score line. The joir shall be sawed if necessary before removing concrete to prevent damage to adjacer, improvements. If the adjacent curb, curb and gutter or sidewalk is damaged during the remova process, it shall be removed to the nearest joint outside the damaged area and replaced at thc Contractor’s expense. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at thr contract unit price paid per linear foot for Replace 6” PCC Curb and Gutter within the project limit: and at stockpile locations and no other payments will be made. Unless otherwise noted on plans the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, anc pipelines and conduits of any type, or use, that are abandoned during the course of the work an6 shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION 300-2.9 Unclassified Excavation. Modify as follows: “Unclassified Excavation” shall be paid for as part of the work appurtenant to the excavation and no additional payment will be made therefore. e- a? 7/17/98 Contract No. 3667-2 Page 72 of 84 Pages SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION ANI 0 PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. add the following: The Contractor shall scarify, TT condition and recompact the portion of subgrade 12 inches below the Asphalt Concrete st1 section of the street as an integral part of the street section (structural section and typical E The upper 12 inches of subgrade beneath paved areas shall be compacted to no less t percent maximum dry density (ASTM-1557) 301 -1.7 Payment. add the following: Payment for subgrade preparation shall be includec contract bid price for each contract item where preparation of subgrade is required, an include all labor, materials; including water, operations and equipment to scarify, adjust m compact or recompact the subgrade, both in cut areas and in fill areas, and no further compe will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limit paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide : applied at least 2 (two) working days prior to paving the area. Allowance for the two da) shall be shown in the schedule required per section 6-1. Areas of 6” PCC Curb and Gutter have been identified for removal and replacement. A 1 strip of Asphalt Concrete shall be removed for the length of the curb and gutter. A new 4” t depth asphalt concrete section or patch shall be placed within the five foot area accordin! plans and these special provisions. 302-5.2.4 add the following: All traffic signal loop detectors which have been removed or during cold milling operations shall be replaced immediately after cold milling and before the overlay is constructed. All traffic signal loop detectors shall be Type E or Type Q Loop Dc per Caltrans Standard Plan ES-5B. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the app and termini to all structures and vertical joints in the cold-milled area which are trans! through traffic with temporary asphalt concrete pavement as specified in section 306-1 5.1. shall be constructed the same day as cold milling and removed the same day as permanenl Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.2.6 add the following: Cold milling shall not begin until concrete work is completed and has cured for seven( Payment for cold milling shall be per linear foot and no adjustment in price will be made for A.C. thickness. a e e- %# 7/17/98 Contract No. 3667-2 Page 73 of 8L 302-5.5 Distribution and Spreading. modify as follows After second sentence of si paragraph, add: The Contractor shall provide the spreading and finishing machine used to constr the asphalt concrete surface course with an automatic screed control for surface course paving. - automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be opera by an operator and two full-time screed men during all paving. The Contractor shall provide an site backup paving machine during all paving operations. A backup asphalt windrow pickup mach (ASPWP) will be required at all times when a ASPWP is used. Additionally, a front end loader will required during all ASPWP paving. The surface course shall be 50 mm (2”) thick. Leveling cours will be required in a variable thickness pavement section. Add the following: ARHM overlay shall only be applied when existing pavement is clean and dr Contractor shall remove any weeds or organic matter prior to application of new A.C. overlay. 302-5.5.5 add the following: The Contractor shall grind, at its expense, A.C. not placed to t correct elevation. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rollii procedures shall be required, and vibratory rollers shall be limited to breakdown, unless othewi directed by the Engineer. modify as follows: Unless directed otherwise by the Engineer, tl initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.7 Joints. Add the following: Longitudinal joints on El Camino Real, Carlsbad Village Driv Palomar Airport Road and Paseo Del Norte shall be placed so as to be located no farther than I from the edge of traveled way. The edge of traveled way for these purposes shall be defined by tt painted lane line, bike lane or median as shown on the striping plans. To subsection 302-5.8 delete the first paragraph and replace with the following: When placing the ARHM overlay the Contractor shall pave over all appurtenances in the roadwz which include sanitary and storm access covers, water valve boxes, air vents, sewer dead en boxes, and survey monument boxes. Each appurtenance shall be treated or covered to prevei adhesion of the A.C. overlay. Each appurtenance shall be located immediately after the A.C overlay is placed and shall be thoroughly cleaned of any and all construction debris which may hav entered due to the Contractor’s operation. The Contractor shall adjust all Carlsbad Municipal Wate District Water Valve Boxes per CMWD Std. Dwg. No. W1 I or CMWD Std. Dwg. No. 13. All Carlsbal Municipal Water District Sanitary Sewer Access Covers shall be adjusted per CMWD Dwg. No. SI All Storm Sewer Access Covers shall be adjusted per SDRSD no. D10. Riser rings or extension shall not be used for the adjustment of these appurtenances. Sewer and water appertenance other than Carlsbad Municipal Water District appurtenances shall not be raised or otherwisl adjusted by the contractor. Raising and adjusting to grade all appurtenances in the roadway shall be paid for at the Contrac Unit Price per each as shown in the Bid. Such price shall constitute full compensation for all labor materials and equipment necessary for completing the work as described in these specification: and project plans. 302-5.9 Measurement and Payment add the following: The asphalt concrete overlay bid iten which utilizes the mixture of mineral aggregate, asphalt binder, and Crumb Rubber Modifier(CRM) shall be identified as Asphalt Rubber Hot Mix(ARHM). ARHM shall include all costs for furnishing mixing and placement of ARHM and shall be paid for at the contract unit price paid per ton. Add the following section: After last paragraph, add: . 302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION *w aS 7/17/98 Contract No. 3667-2 Page 74 of 84 Pages Add the following section. 302-9.1 General. Asphalt pavement Repairs and Remediation shall consist of the repl restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of tl cutting, removal and disposal of existing asphalt pavement in conformance with section 3 compaction of existing subgrade in conformance with section 301 -1, grading and compac base material in conformance with section 301 -2, application of grade SS-1 h emulsified asph the placement of asphalt concrete base and wearing courses as specified herein Add the following section. 302-9.2 Full Depth Asphalt Concrete Patch. Full depth asphalt concrete patch shall co removing asphalt concrete and/or aggregate basekubgrade below existing asphalt surfa replacing the material so removed with asphalt concrete. The area shown on the plans or s in the bid item are for estimating purposes only, final quantity will be as measured in the fie1 Engineer will designate and mark the final limits of the asphalt patch area by outlining the be patched. The Contractor shall cut such areas to straight lines in square or rectangular a marked. The area so cut shall have two of the sides at right angles to the direction of traff excavated faces of the basekubgrade shall be straight and vertical. The Contractor shall ( the upper 300mm (1’) of subgrade to 95% relative compaction. A tack coat of SS-lh en asphalt shall be applied uniformly to all asphalt to asphalt contact surfaces at a rate of 0.25 0.45 Um2 (0.05 to 0.lOgallons per square yard) in accordance with subsection 302-5.4, 5 The Contractor shall fill and compact areas designated to be removed with full depth concrete as specified on the plans. Asphalt concrete for full depth asphalt concrete patch B-AR-4000. The asphalt concrete so constructed shall have a finish surface and density cor to subsection 302-5.6.2 SSPWC. 302-9.3 Measurement and Payment. add the following: Payment for full depth asphalt c patch shall be at the unit price bid per ton and shall include all labor, materials, excava subgrade preparation necessary to do the work and no extra compensation will be allowed tl No additional payment shall be made for any tack coat. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 1) @ - 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSEC ACCESS RAMPS, AND DRIVEWAYS. 303-5.9 Payment for the remr replacement of 6” PCC Curb and Gutter, and 6” PCC curb shall be at the unit price bid F foot and shall include all labor, materials, excavation and subgrade preparation necessary ‘ work and no extra compensation will be allowed therefor. Measurement and Payment. add the following: SECTION 310 - PAINTING 31 0-5 PAINTING VARIOUS SURFACES. 31 0-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and su necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, cr( and other designated markings in accordance with the Plans, or for approved temporar essential for safe control of traffic through and around the construction site. The Contra remove by wet grinding all existing or temporary traffic markings and lines that may COI public. When temporary detour striping or markings are no longer required, they shall be prior to painting the new traffic stripes or markings. ew t? 7/47/98 Contract No. 3667-2 Page 75 of E @ 31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor st provide a wet grinding machine with sufficient capacity to completely remove all existing temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Tra Manual, or that may be confusing to the public. The surface produced by grinding the existing temporary traffic striping or markings on pavement shall not exceed variations from a uniform pls more than 3 mm (1/e”) in 3 m (10’) when measured parallel to the centerline of the street or mc than 6 mm (’/”’) in 3 m (IO’) when measured perpendicular to the centerline of the street. The L of any equipment that leaves ridges, indentations or other objectionable marks in the pavemf shall be discontinued, and equipment capable of providing acceptable surface shall be furnished the Contractor. This equipment shall meet all requirements of the air pollution control district havil jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: TI Contractor shall remove all existing markings and striping, either permanent or temporary, which a to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal striping by high velocity water jet may be permitted when there is neither potential of the water ai detritus from the high velocity water jetting to damage vehicles or private property nor to flow frc the street into any storm drain or water course and when approved by the Engineer. The Contract shall vacuum all water and detritus resulting from high velocity water jet striping removal from tt pavement immediately after the water jetting and shall not allow such materials to flow in the guttc enter the storm drain system or to leave the pavement surface. Surface variation limitations for hic velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use d or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of tt Engineer. Obtiteration of traffic striping with black paint, light emulsion oil or any other maskir method other than a minimum 30mm (0.10,) thick asphalt concrete overlay is not permitted. 31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractc shall establish the necessary control points for all required pavement striping and markings t surveying methods. No layout of traffic striping shall be performed by the Contractor befor establishment of the necessary control points. The Contractor shall establish all traffic stripin between these points by string line or other method to provide striping that will vary less than 80mr per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straigk stripes deviating more than 80mm per 1OOmm (I/ 2 inch in 50 feet) by wet grinding, and the correcting the markings. The Contractor shall lay out (cat track) immediately behind installation c surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor sha apply the first coat of paint immediately upon approval of striping layout by the Engineer. Thl Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes ir one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes arc clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final anc temporary traffic striping, curb markings as shown on the plans and required by the specification$ shall be included in the price bid for each striping item which shall include temporary and final traffic striping for that item, and no additional compensation will be allowed therefor. All crosswalks, limi lines, pavement legends and pavement arrows shall be thermoplastic. All Carlsbad Blvd. Stripinc items including parking stripes, handicap parking and legends, no parking legends, and mediar striping shown on the plans shall be included in the lump sum price bid for the Carlsbad Blvd Striping item. Reapplication of temporary stripes and markings shall be repainted at the Contractor’s expense, and no additional compensation will be allowed therefor. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. *m . * t;@ 7/17/98 Contract No. 3667-2 Page 76 of 84 Pages Add the following section: 310-5.6.1 1 Preformed Thermoplastic Pavement Markings. For asphalt concrete pavement the Contractor shall apply preformed thermoplastic pavemen markings using the propane torch method recommended by the manufacturer. The preformc thermoplastic pavement markings shall not be applied at ambient and road temperatures bel C (328 F). The Contractor shall clean, dry and remove all debris from the pavement before applying preformed thermoplastic pavement markings. portland cement concrete pavement Contractor shall use the same application procedure as described for asphalt concrete paver However, at the Contractor's option a compatible primer sealer may be applied before applic to assure proper adhesion. e SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVI 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after pla of the asphalt concrete pavement course on which the pavement markers are to be p Add the following section: 312-1 .I Reflective Channelizer Placement and Removal, The Contractor shall pia remove reflective channelizers the same as for pavement marker placement and remov Contractor shall place the channelizers uniformly, straight on tangent alignment and on a truc curved alignment to the same tolerances of position as for application of paint in section 31 The Contractor shall perform all layout work necessary to place the channelizers to the alignment. If the channelizers are displaced or fail to remain in an upright position, from any the channelizers shall immediately be replaced or restored to their original location, Contractor. When reflective channelizers are removed the pavement surface shall be resi the same color and surface finish as the adjacent pavement. 312-4 Measurement and Payment. Delete this section and add the following: The payment for reflective pavement markers shall be included in the contract unit price bid fc associated striping item that requires reflective pavement markers. Payment shall inch compensation for doing all the work involved in furnishing and placing or removing ( pavement markers, including adhesives and pavement repair, as shown on the plans or specifications and as directed by the Engineer. * SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement m channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shc the plans and as required in the specifications, complete in place prior to opening the travelc served by said final and temporary traffic pavement markers, signing, railing (type I appurtenances to public traffic. a e= t? mma Contract No. 3667-2 Page 77 of 84 I 31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavemc markers shall be cemented to the surfacing with the adhesive recommended by the manufactur epoxy adhesive shall not be used to place temporary reflective raised pavement markers in are where removal of the markers will be required. Temporary reflective pavement markers shall be installed and in place during the interim 14 d period when permanent markings and striping are not allowed to be placed. Temporary reflecti pavement markers shall be installed prior to opening traffic lanes for traffic. Temporary reflecti pavement markers shall be placed in the locations as shown on plan sheet 39, temporary stripi and marking detail. The corresponding Caltrans Standard Drawing specified on the permanc striping plan shall receive temporary pavement markers as shown on this sheet. The tempor; reflective raised pavement marker for limit lines and Crosswalks shall be placed per detail shown the plans. Pavement striping, legends and markers which conflict with any traffic pattern shall removed by grinding as determined by the Engineer. The Contractor shall use temporary reflecti raised pavement markers for temporary pavement marking, except when the temporary pavemr markers are used to replace patterns of temporary traffic stripe that will be in place for less than days. Reflective pavement markers used in place of the removable-type pavement markers sh conform to the section 312 “Pavement Marker Placement and Removal”, except the 14-day waiti period before placing the pavement markers on new asphalt concrete surfacing as specified section 312-1 “Placement”, shall not apply; and epoxy adhesive shall not be used to pla pavement markers in areas where removal of the markers will be required. Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnish€ placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange color. Channelizers shall have affixed white reflective sheeting as specified in the spec provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflectil sheeting shall be visible at 300 m (1000’) at night under illumination of legal high beam headlighi by persons with vision of or corrected to 20120. The channelizer bases shall be cemented to tl pavement in the same manner as provided for cementing pavement markers to pavement in sectic 312-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers sh be placed on the alignment and location shown on the plans and as directed by the Engineer. TI channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on CUM alignment. All layout work necessary to place the channelizers to the proper alignment shall I performed by the Contractor. If the channelizers are displaced or fail to remain in an upright poi tion, from any cause, the channelizers shall immediately be replaced or restored to their origin location, by the Contractor. The Contractor shall provide the Engineer with a Certificate Compliance in accordance with the provisions of section 4-1.5, ”Certification”. Said certificate sh( certify that the channelizers comply with the plans and specifications and conform to the prequalifit design and material requirements approved by the Engineer and were manufactured in accordanc with a quality control program approved by the Engineer. Add the following section: 31 3-1.4 Measurement and Payment. Temporary markers shown on the plans will be paid for as part of the lump-sum cost for Install temporary pavement markers. The lump-sum contract price paid for Install temporary pavement markers shall include fi compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing i the work involved in applying, maintaining, and removing pavement markers, complete in place, i shown on the plans, as specified in the Standard Specification and these special provisions, and i directed by the Engineer. 4- t? 7/17/98 Contract No. 3667-2 Page 78 of 84 Pages . Add the following section: Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic contro markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are dispL overturned, from any cause, during the progress of the work, the Contractor shall imm replace the signs in their original approved locations. The Contractor shall maintain all tei traffic signs used in the Work in a clean, reflective and readable condition. The Contraci replace or restore graffiti marked temporary traffic signs and posts used in the Work within I of such marking being discovered during non-working hours or, when the marking is dis during working hours, within 2 hours of such discovery of marking. Add the following section: Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall co interconnected new or undamaged used precast concrete barrier units as shown on the Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sai crash cushions units as shown on the plans. 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing ( shall be freshly coated with a white color paint prior to their first use on the project. The pai conform to the provisions in sections 21 0-1.5 “Paint Systems” and 31 0 “Painting”. Contract be responsible for the removal and cleanup or painting over the graffiti from the K-Rails w hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discolorat the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements her temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. C used to manufacture Temporary railing (Type K) shall conform to the provisions in sections “Portland Cement Concrete” and 303-1 “Concrete Structures”.” Load tickets and a Certifi Compliance will not be required. Reinforcing steel shall conform to the provisions sections “Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at I concrete panels shall conform to ASTM Designation: A36IA36M. The bolts shall coni ASTM Designation: A 307. A round bar of the same diameter may be substituted for the el necting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36lA 36F have a minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thic welded on the upper end with a 5-mm (3/,61’) fillet weld. The final surface finish of temporary (Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” E surfaces of concrete elements shall be cured by the water method, the forms-in-place met the pigmented curing compound method. The pigmented curing compound shall be type 2 compound. Temporary railing (Type K) may have the Contractor’s name or logo on each The name or logo shall not be more than 100 mm in height and shall be located not mo 300 mm above the bottom of the rail panel. a 313-2 TEMPORARY TRAFFIC SIGNING. 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. 0 . 0 *w ts 7/17/98 Contract No. 3667-2 Page 79 of 84 Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the tempori railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bear throughout the entire length of the railing. Abutting ends of precast concrete temporary rail (Type K) units shall be placed and maintained in alignment without substantial offset to each othf The precast concrete temporary railing (Type K) units shall be positioned straight on tangc alignment and on a true arc on curved alignment Each temporary railing (Type K) unit placed wit1 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by 1 Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker pal conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each e of temporary railing (Type K) installed adjacent to a two-lane, two-way highway and at the e facing traffic of temporary railing (Type K) installed adjacent to a one-way roadbed. The Contrac shall repaint each temporary railing (Type K) unit when it has been marked by graffiti, stained marked by the Contractor's operations or when their paint is scraped, discolored or marked public traffic. If the temporary railing (Type K) is placed on a skew, the marker shall be installed the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisio of section 206-7.2, "Temporary Traffic Signs". Where shown on the plans, threaded rods or dowc shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) i removed, any area where temporary excavation or embankment was used to accommodate t temporary railing (Type K) shall be restored to its previous condition, or constructed to its plann condition. Add the following section: 31 3-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units sh be "Energite 111" manufactured by Energy Absorption Systems, "Fitch Inertial Barrier Systc Modules" manufactured by Roadway Safety Service, or equal. Features required to determi equivalence of any other temporary sand-filled crash cushion units shall be approval of the syste by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standarc Other features will be suitability to application, operational characteristics, durability and other SUI characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCl shall be of the type and array configurations shown on plans, and installed at every end of, or gi in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. TI TSFCC shall be installed per CALTRANS Standard DrawingsT1 and T2 for approach speeds I less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mpt whichever is the greater. The TSFCC array shall be appropriate to the application as shown on sa standard drawings. A Type J and/or P marker panel conforming to the requirements of tf CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRAh Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions a installed with the soil supporting them and the adjacent soil leveled to match the elevation of tt bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike tt TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it depart( from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary channelizers, temporary signing, tempora railing (type K), temporary crash cushions and temporary appurtenances thereto shown on tt plans or required in the specifications are a part of the lump-sum item for traffic control and payme therefor shall include full compensation for furnishing all labor, materials, tools, equipment, ar incidentals and for doing all the work involved in applying, installing, maintaining, and removir temporary channelizers, signing, railing (type K), crash cushions and appurtenances, complete *llr %# 7/17/98 Contract No. 3667-2 Page 80 of 84 Pages . place, as shown on the plans, as specified in the Standard Specification and these provisions, and as directed by the Engineer. Payment for temporary crash cushions, c barriers and the signs and reflectors marking them shall include the installation, grac installation, grading for the approach path, maintenance, painting and re-painting, replace damaged units and removal and shall also be included in the lump-sum price bid for traffic f Payment for relocation of K-rails and crash cushions when not shown on the plans and rei by the Engineer shall be made per section 3-3, Extra Work, SSPWC. @ a a e= a@ 7/17/98 Contract No. 3667-2 Page81 of 8L SUPPLEMENTAL PROVISIONS YO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES SECTION 600 - MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-2 Crumb Rubber Modified (CRM) Binders and Pavements -Wet Process 600-2.1 Asphalt-Rubber Asphalt Rubber shall be type 9. 600-2.5.4 Composition and Grading Asphalt Rubber Hot Mix shall be Class ARHM-GG-C. em %$ 7/17/98 Contract No. 3667-2 Page 82 of 84 Pages e 0 APPENDIX “A” RESIDENT NOTIFICATION EXAMPLE 0 CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFlCE # (76O)XXX-XXXX FIELD # (76O)XXX-XXXX Dear resident: As a part of the City of Carlsbad’s ongoing program to maintain its streets, your street will be resurfaced with a layer of asphalt concrete over the existing roadway surface. This construction will require the closing of your street to through traffic for one day. Your street, from XU Sf. to XU Ave. will be closed to through traffic and resurfaced on: from 7:OOA.M. to 500 P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Engineering Inspection Department. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (76O)XXX-XXXX if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City’s Engineering Inspection Department at 438-1 161 x4323. City of Carlsbad. MON. TUE. WED. THU. FRI. DATE: Thank you for your cooperation as we work to make a better APPENDIX "B" SUPPLEMENTAL STANDARD DRAWINGS em r,s 7/17/98 Contract No. 3667-2 Page 84 of 84 Pages ? -. .. .. -1 .. .A* ;- *. : * . : --..e -. i .-..-e . . 9 d W =~ L 1 12" r AREA TYPE w SO. FT. G 24" 1.34 H 30" 1.61 RECOMMENOEO BY THE SAN OIECO REGIONAL STANDARDS COMMITTEE Q&Z.&kLL./ &%./97S Coordrruicf RCE 19807 Ow D RAW1 NG NUMBER 6-2 Revision By Approv & ma SAN DIEGO REGIONAL STANDARD DRAWiNG Cone. Note 3 p 4 -. ,& I CURB AND GUTTER - COMBINED 6" CURB 8 CURB Area = 0.89 Sa FT. Area = 1.09 Sa. FT. 0 GUTTER NOTES: LEGEND ON PLANS 1. Concrete shall be 520-C-2500. 2. See Standard Drawing G-10 for joint details 3. .Slope tog of curb 114" per foot toward street. h?u,w 4i.n bardinlw R.C.E. 19Wl - DRAWING NUMBER 6-1 CURBS AND GUTTER - SEPARATE # 4 bars placed diagonally TYPE PIPE OIA X Y up to 51" 4' 5' 54"to60" 4' 6' 63" to 69" 4' 7' 72" to 81" 4' 8' 84" to 90" 4' 9' NOTES 1. See Standard Drawing 0-11 for additional no 2. All joints shall be set in Class C mortar. 3. All precast components shall be reinforced wi 114' diameter steel wound spirally on 4' cenl 4. Maintain 1 112" clear spacing between reinfo and surface. 5. Concrete base shall be 56O.C-3250. 6. Exposed edges of concrete shall be rounded H a radius of 112'. 7. Manhole cover to be designated "Storm Drain' Slope floor 12:l towards outlet SECTlON A-A LEGEND ON PLANS I____@---- ---- RECOMMENOEO 8Y THE SAN OIECO STORM DRAIN CLEANOUT - TYPE B ALL CAST IN PLACE CONCRf SHALL BE TYfE 564-0-x) AU PIPE IN ACCESsHOlr SHAU BE WC. OR VITRIFIEI INCUlDED AS PART OF ACCESSHOLE. KCESSHOLE SW 8E COlVSTRUCTlEO IN ACOORUW WITH mc-478. SM3OUTSSHALLWEA MINIMUM LENGTH OF 2 kW. MANHOLE FRAMENJOIm UV. CLAYPtPEANDSHALLBE m BESET IN CLASS )c'm I. SEE SPECIFICATIONS FOR UO PAlNTlNG REQUIREMENTS. 4" AND 6" BLOW-OFF ASSEMBLY I DOMESTIC WATER RECLAIMED WATER - -a= .___-_ _cI- 2 I- z 22 ””$322 - - ----I---- --$ 2-Ti-i- s - - TzQQb$$gqqrke 2- ”OWT2 2LL % II L”$$k!E$zy TZ s !$O~%&G $ga49pq 1 I$$ -I_--- %EL” $% 3391- %e4 4Tl-C Q Q6?CCQQ e z$OCnQ CCQQeeC g c- u u x u, @Ll c~~~OOR~CC%L~J kok~-J-tTT4~Q QLJL~JQQOO 48LJLlJEEaa-J-133c cTCCe%%22E$T LIJOmm 0 rnrnssrnQ, 0-1-100~ ‘oo--J~moz~;LIJLIJ $szseeQQgqT LlJLlJ && 9 99999: m+=ss-- T T ssoo 0I-C 0,LuLlJQQrnQQQQ LlJquuSs~~~s~~~~~~~~~~~~ E84 4 TT -x T -x T T oq4 -1 T TTT -xTk 4 Lu LlJ 44 4 Q c3 0 c3 rn0LlJ LlJ 0 000 00c - - __ t, h 9 8 E P T - -____I - _-1__ -- h iir - PASEO DEL NORTE 4: 5 22 v) h 0 CQKy? 2 tL -I @ *% I hn r- ii! k! -c q 4 e 0 E 9 4 cj LJO LJLJ %Ee 0 - - ----_ fr -*-2 h LJLJ 22 ss zz 0 \ LL 0 x 2 z! 9 q q 8 si -I 0 -_- - CQmO TTTU Q P h L 0 z 0 i= I" Q 0, Y + Q h b Q (003 mc -E% 4L -J +Qb Qb2 NZQQ Q -ue(n Y !s -c(nQq h *2bE 4 =! QQS-4 53- QE43 p-gz ZQZ 85s- L5-J Q bbs 2c3h qLuLU$225* $ccQ4-z2 kkz 'p.aL%b2kg4 Eg 222 -cog8 Q 58%: 02Q 3- Q b*-J TQE -- 2-s $-S-%&S --- I_- '* 4-Ja2 L.hS 4b: bbbb@-QQ 5 hhh**hb? zzzzzsg~ khkk >Q S.,$S$%L : Q2-c z TQQQQQQCr, QQCLQQQ: : v, I 0000@@08 .- -- Q $ k 3 Q Qcri --'Q 2z $e LL2 q 22 I- 22 8 $2 QQ i 02 :i eb 00 - Q m rc, d LLI Q corn l-5 mc -Eq %&v, QEZQ 25 c, -423 QS Uk-I %ac3 mjZ-2 LZ,", bLLILLIs Q 2c3L 22=I %,",E cpJLJ522S9 v,SGU LkXLs 43% =2 ULLILLI LLI k-Q 'a 3 kkkkZ2Q P$HPLLI.,, -...- : Q2Q kbb'oo2?5, L-hLLLhLLI~ ?ZZZZ?zg -Ic- =IQb QOQ -I Q dQLLI2 z %WaQ c- c-2LLIE -I EQz 5z- Q bQ2-I Q *aH 7 0 LQz Q g'a2 QUE$ %Eb S2Q - -_ - ~-~&~---!+-*_-~----__ I-__1 .. QQQQQ-cQ-J(-q QQaQaQ: : I cn 0000@@0@ Q 5 I% 5 22 G? c2 A2 =2 WQ W2 Q bQz q Q 6 ZQ 1 g rr 3s V5-j ag ss LJT o 2GZ TU q 55% s 3 Ill ' ' 11111--,- m LJ2m OII 'I d \ IIIIP..Ig q E Y Q d h 0 E& 88 2TT GzGz 2QQ 22 33 qQ ma . _. 2 e,-$--$- __ $?? .-:: -J--- -%- .h- - P. 3 22 e .-I p 0:- 2 qj I cn k 'io 5 mu (3hhLLI - dm- 1 szzs 111111 ;t 111111~ 111lIl~ I t 2% &22P 4 T rim I LUJ L- 1 - - -_ 3 e I- LL 0 z 0 01 133HS 33s 3N17H31W 4 4 I Ll 8 T -I Q L 0 z 0 c I_ --- .- .- I L m '7 .=i -4r Q =d CUE . ._.- E? Os4 ZTG E SQL ZQX zzoc Qze USa 3-2 QUQ S%2 0""4% kk'4: ChZZ- p3-i OkL5 z h'h LL) ~QCL- Q-VqG z it' bo@@ I- b-q---- __._ -.- - -- _I-___ 04- =xu . -JLu QO -x 4-J- 2 3Zk .r. z z E u, zezz$;$ E**** 0- -- :a 'a Zoo 2 2 gzzzzzzo @@@@@a@ : Qq 4 LhhhhhZ TT-TT-c~ QQQQQQ2 -_ -_ T m Y s Ll Q ma i5 E 6kkkkz>Q 41LJLu41g--Q E$$$$%&z z &&&/&)22z4 = Q2Q 2QQ,QQQ,, ~3ZZSZZ~~ hhhhhhLJZ ZQQQQQQ: = G I- 0 2 2 LU (3 m20 hQk 3 92 LJUh 2Q 242 4-h 5- 0 s GkkhQ- bbb--Q LhPL2 zzz gzzzss 2- 2$$$z4 hhhLu~ zQ.Q.a: : ---men - __-- 0 i/ir E; 0% 28 22 25 $0 fS 6 ?z (3 Lu 4 II II I1 I cr, h 3 LJ 2 Q __ ._ -- - -- - __ L q z! z 2 q - - -- - --- _-- - - - - A VM H3MO7dNflS - - ._ - w Y s 09 2 LlJz 4 3 2% .- *I’ __- - -- UVOH 1 NlOd HOBHVH kkLLLLh az z zz z zs E ~00@0@@0 &Q ST 2 22 2 2P --_--_ I I I p s 335- a2 fffoo3uu QQLQ 0 :u : kkz: k ‘co :Q :m z& :. 3 2 3- hhhhhhhhuh a? z ? z z ? z zg z 2 ST Q T T Q T Q T -Q T u E223QQ Q-QQCLQQQQQ- QQC 2 i= 2 Gh- UQ bLLI % 02 ob 53 E2 22 $3 @ I- kk 0 2 (3 s u, zs 7% -q Y- h -ii ZE 2:m @@ 0 m c- c, --* :" - oz C)h cl, --- --- ---- ----__ )I q imiis OH~V~VD - ! f ! i --- I -----_-_----- 4 ! 133818 31~3nd 73 t I ( I ( I ___ - -- - z L . -- 0 0 @& o%% 2qq ee 2-a 000 cl---k-- gcnm Ezz 2'" v. kt- 0 It QElEl -- I- 3 el +3 a e 2 c, 8 5 Q u e Q 2 T - t i f C ! : 8' $ g: q: 0. E cfl uzs'-T LLJ !SET 2-Q',hh4 ,hLLhS zzzzcl ZTTTTZ @O@@@ k2Qhhz SQQQQ: _- ---I_ & - _-_ _-__---I ____ __ -_ _- T c, c ro Q 0 Ll 5 2 E 2 mq, L z z $& c3 02 22 2-a SI SQQ e,- 225- c3u 5z;z - WkE -l4W k-ro k Q 2c3=0 :eQ, TT: k hQUL c3kSS 2&QQ SqTk Lo4 -- =pz __ r'Q22 !$2 Qs ey22 zoy- QOo& -2fGj p!!! Q 0 z II rr 2 3 0 v, 5 - 0 -_ - _I-_____ - - - .___ - < -z - - -__- -- (3- \ /MV / - 1 LA COSTA AVE' % 3 (2 2r 0 _.-- - - v) CT u s c 0 I m E3 =' LLJ h2b zz2 4md zmz I I I I 1 - __-- ---l__ - 3NllSIX3 H31 vyv -------- - ___ m Y E - e k4 II Q. mv) I1 I1 II cu Y [;)y$?~ 4 1 ?!J 1' l-lu Q-ZH H -$ H &l. v) -. -- __ I .I _-A-1-!74 m- Y IIII 2 Q II ._ I I T II II c, II II __ __I____--- .- .- -._ v ;/ g .- I' aC" 22 -- i4 2 i i I1 I1 I Ir1 2 I ILJ e ri' I ;O LJ; ; Y II II II d I1 II II I. I I1 II i iE3 r s :;HW 2 HB:: 3 02 1; II u- Ri 0- 3 ik 2 g kii 'r h Ill1 1111. II II 62 II II t I - >(4 LC $2 -- k2 Qu z-=-. +-"L.l 030% cif& -L I H EH I HZ H I HZ- LLJ z - . '. *. --H,HT#IHIZHIIHI 4 I 11.: I I k I I I I ;<\r:\ I I I II I II I I I 11 I I I II I I I I1 I I -. I I! I I I I1 I I I I1 I I I II I I I I1 I I I II I I I II I I I II I I .-- 2, 2