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HomeMy WebLinkAboutSim J Harris Company; 1997-06-24; 3527-0- Recording requested by: nnc e 199 OFFICIAL RECG�.:DS i; __ e, :,:: ••"",-a•_-, CITY OF CARLSBAD SAN DIEGO COUNTV �'.ECOPDEk'.18 OFFICE When recorded mail to: 304 ·1 �;r uy«;ntR City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 1111111111\IIIIUIIIIIII\I\I NOTICE OF COMPLETiON Notice is hereby given that: Space above this line for Recorder's Use 1.The undersigned is owner of the interest or estate stated below in the property hereinafter 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, California 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 on November 19, 1997.6.The name of the contractor, if any, for such work of improvement is Sim J. Harris Company.7.The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of the 1997 Pavement Overlay and Concrete Repairs, Project No. 3527-0.8.The address of said property is within the limits of the City of Carlsbad. LLOYD Ji3 HUBBS, P.E. Public Works Director/City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: /Assistant I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on January 6 , 1998, accepted the above 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 January 7 , 1998, at Carlsbad, California. CITY OF CARLSBJ--.0 ��NZ City Cler KAREN R. KUNDTZ, Assistant City Clerk 1997 PAVEMENT OVERLAY AND CONCRETE REPAIRS PROJECT CONTRACT NO. 3527-0 Sim J. Harris Company ’_ CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #3 Project: # 3527-0, 1997 PAVEMENT OVERLAY/CONCRETE REPAIRS PROJ. Date Routed: tciu/n ,tJ � � 7,b (?1h1 lo/17 {P /t,)/Ph7 Reason for change: Public Works Director / City Engineer Engineering Inspection Community Development Director Finance Director c,,1.,-,,Vb City Manager/Mayor Engineering Inspection Additional work requested by City to overlay Yvette Street from Magnolia to end of cul-de-sac. COST ACCOUNTING: Original contract amount ................................................................... $ 690,350.45 Total amount this c/o ........................................................................ $ 5,150.80 Total amount of previous c/o's .......................................................... $ 770.00 Total c/o's to date .............................................................................. $ 5,920.80 New Contract Amount ................................... · .................................... $ 696,271.25 Total c/o's as% of original contract............................................................ .9% Contingency monies encumbered ....................................................... $ Contingency increase or decrease ...................................................... $ Contingency Subtotal .......................................................................... $ Total c/o's to date ................................................................................ $ Contingency Balance .......................................................................... $ 97,550.00 0 97,550.00 5,920.80 91,629.20 I I 11 1 1 I 1. CITY OF CARLSBAD I. San Diego County I California CONTRACT DQCUMENTS AND SPECIP I PROVISIONS FOR 7’ PAVEMENT OVERLAJ I CONCRETE REPAIRS PROJE4 I 1 e I I AND CONTRACT NO. 3527-0 May 1,1997 I* E q 2/26/97 Contract No. 3527-0 Page 1 of / .\ I TABLE OF CONTENTS I Paqe NOTICE INVITING BIDS ............................................................................................................ 4 CONTRACTORS PROPOSAL . ............................................. ......... ........................ ................... 7 BID SECURITY FORM ............................................................................................................ 25 BIDDER’S BOND TO ACCOMPANY PROPOSAL ................................................................... 26 mom 1 11 i GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ........................................ 28 DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID .......... 30 DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK .. ..... . .. . .. ... ... ... .. . .. . . . . .. . .. . .. ... ... . .. ... ... .. . ... .. . ... .. . .. . .. ... .. . .. . .. ... ... .. ... 31 BIDDER‘S STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. 32 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................. 33 1 I a BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........................... 34 IaiDDERg s STATEMENT OF RE-DEBARMENT ...................................................................... 35 E 5 1 BIDDERS DISCLOSURE OF DISCIPLINE RECORD ................................................... 36 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMllTED WITH BID ............................................................................... 38 CONTRACT PUBLIC WORKS ................................................................................................. 39 LABOR AND MATERIALS BOND ............................................................................................ 45 FAITHFUL PERFORMANCENVARRANTY BOND ................................................................... 47 REPRESENTATION AND CERTIFICATION ............................................................................ 49 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ................................................................ 50 E T SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS ............................................................. 53 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .............. 72 3 I wm I. I \# 2/26/97 Contract No. 3527-0 Page 2 ( I a I TABLE OF CONTENTS (continued) SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS 0 CONSTRUCTION PART 3, CONSTRUCTION METHODS ...................................................... 77 t CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES ......... 84 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS I I E t 1 E. I I s I 1: II I 8. em 8 p,# 2/26/97 Contract No. 3527-0 Page 3 of I e CITY OF CARLSBAD, CALIFORNIA E NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Villac B Carlsbad, California 92008-1 989, until 4:OO P.M. on the 11 th day of June, 1997, at which time tht opened and read, for performing the work as follows: 1997 PAVEMENT OVERLAY AND CONCRETE REPAIRS PROJECT CONTRACT NO. 3527-0 I 1 8 as issued by the Southern California Chapter of the American Public Works Association and as 1 The City of Carlsbad encourages the participation of minority and women-owned businesses. 4 The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding I contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in thc California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Dep, bEach bid must be accompanied by security in a form and amount required by law. The bidder’s SI the second and third next lowest responsive bidders may be withheld until the Contract has t: 1 executed. The security submitted by all other unsuccessful bidders shall be returned to them, or void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Code section 10263), appropriate securities may be substituted for any obligation required by this for any monies withheld by the City to ensure performance under this Contract. section 10263 oft 1 Contract Code requires monies or securities to be deposited with the City or a state or federally l bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negii and omissions of the agent in connection with the handling of retentions under this section in an ar # less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed, properly exec I notarized are: 8 2. Bidder’s Bond 9. Bidder’s Statement Re Debarment s I 7. Bidder’s Statement of Technical Ability and security The work shall be performed in strict conformity with the specifications as approved by the City C the City of Carlsbad on file with the Engineering Department. The specifications for the work in1 Standard SDecifications for Public Works Construction (1 997 Edition), all hereinafter designated I( by the special provisions sections of this contract. Reference is hereby made to the specificatioi particulars and description of the work. 1, Contractor’s Proposal 8. Certificate of Insurance 3, Non-Collusion Affidavit IO. Bidder’s Disclosure of Discipline Recc 4. Designation of Subcontractors and Amount of 1 1. Purchasing Department Representati Subcontractor Bid Certification 5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for Security Del Amount of Owner Operator/Lessor Work (optional, must be completed if the 6. Bidder’s Statement of Financial Responsibility wishes to use the Escrow Agreem Experience ** I. 8 %# 2/26/97 Contract No. 3527-0 Page 4 of I All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti1 approximate and serve solely as a basis for the comparison of bids. The Engineer's Estin 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 da 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 document5 of the usual 10% retention from each payment, these documents must be completed and su with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purl Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundabl $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be i The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregu informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the 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. The Prime Contractor shall be responsible for insuring compliance with provisions of section of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletti Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall 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 indii this proposal, times the unit price as submitted by the bidder. In case of a discrepancy t words and figures, the words shall prevail. In case of an error in the extension of a unit pi corrected extension shall be calculated and the bids will be computed as indicated abc compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and 1 written in with ink and must be initialed in ink by a person authorized to sign for the Contract( Bidders are advised to verify the issuance of all addenda and receipt thereof one day bidding. Submission of bids without acknowledgment of addenda may be cause of rejection Bonds to secure faithful performance and warranty of the work and payment of labor materials suppliers, in an amount equal to one hundred percent (100%) and fifty percen respectively, of the Contract price will be required for work on this project. These bonds kept in full force and effect during the course of this project, and shall extend in full force ar 8 p,# 2/26/97 Contract No. 3527-0 Page 5 of I P B@ $61 0,000.00. I I I 1 I 19 b I I 1 I I 1 I ' @ e- a i I t 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 author 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 documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I: 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 statemc quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenci section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar 1 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 mc 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, \ owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in: certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a c( meeting the above standards with the exception that the Best's rating condition is waived. 7 does accept policies issued by the State Compensation Fund meeting the requirement for v The Contractor shall be required to maintain insurance as specified in the Contract. Any ac cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submit required bonds and insurance, as described in the contract, within twenty days of bid openin Contractor fails to comply with these requirements, the City may award the contract to the se third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 97-441, ( on the 151h day of April, 1997. D 8 l d ' I compensation insurance. I II E I 8 I s/&y 8 Date' ' e= I. 8 %a 2/26/97 Contract No. 3527-0 Page 6 of I I 1 CITY OF CARLSBAD CONTRACT NO. 3527-0 CONTRACTORS PROPOSAL I. City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read thc inviting Bids, examined the Plans, Specifications, Special Provisions and addenda therc hereby proposes to furnish all labor, materials, equipment, transportation, and services rec do all the work to complete Contract No. 3527-0 in accordance with the Plans, Specif Special Provisions and addenda thereto and that he/she will take in full payment ther following unit prices for each item complete, to wit: I tern Quantity Unit No. Description and Unit Price Total A. CAMINO DE LAS ONDAS t I I I i I 1. 1 1 I 1 1 1 Approximate - Traffic Control at LS N/A 731,@ - wv S/K Cold Milling 5’ Width at 1,293 LF 0.70 %5./8 Dollars (Lump Sum) 2 Dollars per Lineal Foot 3 Cold Milling IO’ Width at 45 LF jaL0 6d.00 bXlE du4 Anlb IWAW &dE I Dollars per Lineal Foot 4 0.1 ’ C2-AR-4000 436TON 33.W Iq38f.m Overlay at Dollars per Ton mIm---mQa 5 Dl -AR-4000 Feather 2 TON 3%* lp50.00 a 8. Paving at Dollars per Ton ?$&!%E -tfi&hl(bR& 7iaGdw-ffg 4- 8 r.$ 2/26/97 Contract Nc. 3527-0 Page 7 of 1 8 1 Approximate Item Quantity Unit Description and Unit Price Total 6 Raise and Adjust to Grade 5 EA jb3.00 f/5,00 Sewer Access Hole and Storm Drain Cleanout Frames at eo No. Q& dL.4 A.cbk6.A a/ny / TiWEE >DLu@ ~2.~0 <5yj.oD 26 EA Raise and Adjust to Grade Water Valve Boxes at 17 I &Ufil?5 8 Striping at LS N/A _aOy?q .OD rnWO&& N/dE Dollars (Lump Sum) Loop at Dollars (Lump Sum) 8 I 1 i I 1 1 1 II Replace Traffic Signal LS N/A 2750 . oa 7230 WOM5A& s &Vd - 19 1 B. BASSWOOD AVENUE 1 Traffic Control at LS N/A I b7J‘ 4u OAK mmd $/x ,L(.U&?A srrw c&Ci+fT- Dollars (Lump Sum) at Dollars (Lump Sum) Barrier at --.FIVE Dollars per Lineal Foot Gutter per SDRSD G-2 (Includes Depressed Curb for Future Pedestrian Ramp at Dollars per Lineal Foot 2 Clearing and Grubbing LS N/A 27 5- Do mm S€VWTV4 I (E. 3 Furnish and Install Root 20 LF 2!.Gtn, 5OO.” 4 Type G Curb and 93 LF -57.“ 5-301.m FIF7y -5&Wd e= 1. 8 \$ 2/26/97 Contract No. 3527-0 Page 8 of I t 8. No. ~~~N 8 11 I 1 1 1. R I II 1 1 8. Approximate Item Quantity Unit Description and Unit - Price Total 5 Cold Milling 1' Width at 93 LF 0.20 Iff.60 CGiU73 Bettms per Lineal Foot 6 Class 2 Aggregate Base at 34 TONS 5/ .OO /7.34. OD FlF7y-OAM- Dollars per Ton Paving at fi1E t4UdilhPEh dfd& 7 0.4' B-AR-4000 Base IOTONS )04*"" /G90."' I Dollars per Ton a 0.1 ' C2-AR-4000 Cap 3 TONS 1b9*oo 507 *4~ Paving at SnlG M-udbbR& 91 t2 Dollars per Ton c 9 Restore Irrigation System LS NIA 1217 OD Grade and Sod Area Behind Curb at I Dollars (Lump Sum) 7&ou*d mo UUdJREh SLlaT€&J 10 Surveying at LS N/A 2 65. * 7l.w guam 5 )C7-Y-FIL/E Dollars (Lump Sum) QN€ Tko~cd iW€ 11 Striping at LS NIA 1587. OD M L#n13R€zl GKu7Y -5EVd 1 Dollars (Lump Sum) C. OAKSTREET 1 Traffic Control at LS NIA b54? 5/x UUdj3H FIFN CFOue Dollars (Lump Sum) 2 Cold Milling 5' Width at 1,212 LF 0.70 f41.40 S€VW &Am5 lW+a+s per Lineal Foot *m I r,s 2/26/97 Contract No. 3527-0 Page 9 of 1 1 t 1 5&I/€dn-hue D I t i 1 1 I 1 1 Approximate Quantity Unit Item No. Description and Unit Price Total - 3 Cold Milling IO' Width at 37 LF /.* 57.80 - FOW L5h.m r. Dollars per Lineal Foot 4 0.15' ARHM-GG-B 141 TONS 74.'' l043$.00 Overlay at Dollars per Ton Grade Sewer Access Hole Frames at 5 Raise and Adjust to 1 EA 21f.** aEoQ nx3 l%LtdbQ.&.B A Dollars Each 6 Raise and Adjust to 6 EA Zbfl I32.m Grade Water Valve Boxes at -n&tJw-m 1. Dollars Each 7 Striping at LS N/A 12 d9. OD ode mu3 hdb mo /hDR& sm* N& Dollars (Lump Sum) D. DONNA DRIVE 1 Traffic Control at LS N/A 4200. * Dollars (Lump Sum) at 2 Clearing and Grubbing LS N/A 3-82. OQ 3 Remove and Reconstruct LS NIA 21,500 PlV& au dlbRkD I 1 Dollars (Lump Sum) Top of Storm Drain Inlet at 4- 1. Contract No. 3527-0 Page 10 o 8 %# 2/26/97 u 1 t 1 1 I 5/G+-nREE t 1 I. ELEU&J I 8 1 1 1 1 Approximate Quantity Unit and Unit - Price Total Item - No. Description 4 Class 2 Ag $gate Base at 248 TON a .OD 12&g03 fid-0.1=. 5 Type G Curb and 418 LF 57.0" 23826.m .Y Dollars per Ton Gutter per SDRSD G-2 (Includes Depressed Curb for future Pedestrian Ramp) at Dollars per Lineal Foot Transition at Dollars per Lineal Foot G-13 at Dollars per Square Foot Match Existing) at Dollars per Square Foot Paving at Dollars per Ton Cold Milling 5' Width at &ehs per Lineal Foot I. Flf7-y -5evetd 6 Curb and Gutter 17 LF 63.- 107/."D 7 Cross Gutter per SDRSD 420 SF I /.PO l$lpW'@ 8 Cross Gutter (No Standard 36 SF jp 34bmrn 6UVd 9 0.4' B-AR-4000 Base 87 TONS 83." 7221 so' EIGk$7V-THrn 2,227 LF f7.70 155t* 42 10 S&V&rn caT5 1 11 148 LF ).@ 207.20 12 0.1 ' C2-AR-4000 Overlay 860TONS 32-% 2m78+ 1 I* F 26 $8. ' Furnish and Install Root Barrier at Dollars per Lineal Foot 178 LF 13 S/fl&J 4- I. Page 11 I \$ 2/26/97 Contract No. 3527-0 1 1 1 1 8 1 I (0 1 1 t 1 1 /m- c liw 1 1 8 Approximate Quantity Unit and Unit - Price Total Item DescriPtion 14 Surveying at LS NIA dlpb?O 15 NIA 470. OD SJX 9tccdbWb frn‘f1~~ Dollars (Lump Sum) I. No. LS E. EL CAMINO REAL 1 NIA 13006. * LS Traffic Control at Ma >//Geed ’Rtws I Dollars (Lump Sum) LS NIA 524. OB 2 Clearing and Grubbing at Fw€ ~u~JR& -n.&ASw- d/M Dollars per Lineal Foot 423 TONS 9. O0 2 l573*@’ 3 Class 2 Aggregate Dollars per Ton per SDRSD G-2 at Dollars per Lineal Foot 4 Type B Curb and Gutter 850 LF b).Oo 5/85D.c 5 Sidewalk per SDRSD G-7 at 3,980 SF ’ d.(B5 18fiH07.01 trn bdLLAR5 && a/K7\/-f?VE f%hl’TT - per Square Foot 6 B-AR-4000 Base c Paving at 96 TONS Ipj.O0 b5Z8.c Dollars per Ton 7 Cold Milling 5’ Width at 4,926 LF 0.85 4 In.’’ C‘IA.P/TV- F I rlE Grn IXIlS’s per Lineal Foot em I. 8 6s 2/26/97 Contract No. 3527-0 Page 12 ( Approximate 1 Item Quantity Unit 1 No. DescriDtion and Unit Price Total 8 Cold Milling 20’ Width at 45 LF 3.34 &-%.s’-s --rI-@EE mm5 IRN MNE rn Dollars per Lineal Foot I. 1 9 D2-AR-4000 Leveling 75TONS 54.O0 &SO6” Dollars per Ton 1 1 $\X.kd &H I 1 1. I 1 1 i 8 1 R I 10 Leveling Grinding at 10,000 SF 0. I b llDD0 ,ob Dollars per Square Foot Overlay at ?b &W L/!klE bQ @ Dollars per Ton 11 0.15’ ARHM-GG-B 2,725TONS 4c7#@ 13415.‘ R7-Y LEU5 * 12 Dl -AR4000 Feather 2 TONS acls or) 440,Q3 T3%%$%P- Raise and Adjust to Grade 12 EA 190.” 2280 sop 1 Paving at Dollars per Ton Sewer Access Hole Frames at hl I rJF3-Y Dollars Each Water Valve Boxes at 7ifzhS-w SEW Dollars Each Water Vault Manhole at Dollars Each Surveyin at Dollars (Lump Sum) 13 l0MG l+ZArc17>r2m 14 Raise and Adjust to Grade 11 EA 27. O0 297. qv 15 Raise and Adjust to Grade 1 EA 357.00 3579 -pk?zG. hrr Dfz€b FIFW 3EEN * LS NIA y3p k b +\ Lh? AhfPaGa c 16 NlUE e- %$ 2/26/97 Contract No. 3527-0 Page 13 o 1. Approximate 1 1 I 1 1 1 1 1 I. 1 I 1 1 8 1 8 Item Quantity Unit No. Descrbtion and Unit Price Total 17 LS NIA 7931. go - 47yrJIJJE &U?d4a me7-Y ONF- Dollars (Lump Sum) Loop at Dollars (Lump Sum) f 18 Replace Traffic Signal LS NIA moo 19 Raised Pavement Markers LS N/A 265 00 TI %4mhfuhlbe ~&lJaWD&&D Dollars (Lump Sum) F. MONROE STREET 1 Traffic Control at LS NIA SI I, .go 2 Clearing and Grubbing LS NIA -?b4.Db El$l-hch hma?? 3 lmgu Dollars (Lump Sum) at Two hWLW 3\W mUr2 Dollars per Lineal Foot per SDRSD G-2 Type G 3 Curb and Gutter 12 LF 93.O” 11i6.@ 1 (Includes Depressed Curb Dollars per Lineal Foot 4 Construct Pedestrian Ramp 3 EA 20bZ .* LIB& e& 7mo -?-?-bCcsm3 s\x-N 7w /o Dollars Each 5 C1-AR-4000 Slot Paving at I TON LCb8sm 4bgqUd %UbLchlD&D ~l$l-Y E1&W Dollars per Ton e- %$ 2/26/97 Contract No. 3527-0 Page 14 o 1. I 1 t t 1 1 i 1 9. 5 t 1 1 I 8 II 1 Approximate Item Quantity Unit Price Total DescriDtion and Unit - G. HOSPWAY 1 Traffic Control at LS NIA 5mh ' OD 2 Remove and Reconstruct LS NIA 2220 .* 3 Clearing and Grubbing at LS NIA 29bt +OD 4 Adjust Meter Pedestal LS NIA L7936"O I. No. F/ I/fE-*usmi) Dollars (Lump Sum) Top of Curb Inlet at Dollars (Luhp Sum) q-i~Ewry7ti)O t-luhsPW3 *I"scL-rY -riU)GU-TY kl IhlE tkr n1i7RiW 33lW-v OhlE Dollars (Lump Sum) $I\% t-krk.4wQ-E D MIbfEs;Ty we Dollars (Lump Sum) SDRSD G2 Ty e G at Dollars per Lineal Foot Curb and Gutter per 274 LF 57.a 15-4 18. t9tI Fiflv 9E JGki 6 Sidewalk per SDRSD G-7 at 2,876 SF 4 g b5 13373. g 7 Pedestrian Ramps per SDRSD 2 EA ZI 6"O 4230 4 eo G-27 (Includes Sidewalk between BCR and ECR) at Dollars Each G-29 (Includes Sidewalk between BCR and ECR) at Dollars Each -ruau-rf OUE &dPm> 61FJEEL.l D ow 8 Pedestrian Ramps per SDRSD 4 EA jb92 .40 d768. O0 ,qW3a.l I4-u rJPazD N(Uk7-Y -0 DOM ' c 9 Modified Pedestrian Ramps at 5 EA 793.m 39654' h1DW I4cltz-N -J-Ms-Gd Dollars Each *m I. 1 rr@ 2/26/97 Contract No. 3527-0 Page 15 I Approximate t 1 I I EEllGJLl 1 I 1 FiF7-V OME 1 I. I I 1 i 8 Item Quantity Unit No. Description and Unit Price Total - 10 Adjust Pullboxes and 2 EA 312.~ (&.fl Handholes at Dollars Each (Includes Curb and Gutter and Depressed Curb) at Dollars per Square Foot 1. 11 Cross Gutter per SDRSD G-12 848 SF ]j.60 @Qp 12 Driveway per SDRSD G-14 at 174 SF 7. Jo 1287. GV 13 Class 2 Aggregate Base at 90TONS 51."" 4590 * OV SWCAl Doccpnz. 5 FhQW CAW % Dollars per Square Foot Dollars per Ton 14 C1-AR-4000 Slot Paving at 25TONS ]d3-@ 4075c.oa OMLcCu L4CrOkZU SlXrV #@/& Dollars per Ton Irrigation and Landscaping at 15 Grade Slope, Restore LS N/A 7931 *OD laJ€wn N IWL hub- l-l-f-lR7-Y OME Dollars (Lump Sum) Pedestal at 16 Adjust Type Ill Meter 1 EA 3-73." 373 * uD 6- I%UUD&Z? SEoS:klW WM6 Dollars Each 17 Furnish and Install 887 LF 25"O 22175*" Root Barrier at -l-iiEILIW FIVE 1 Dollars per Lineal Foot 18 Surveying at LS N/A 5'24 -*' WEt3UUrnD TUFAV l-li ME m Dollars (Lump Sum) em t4 2/26/97 Contract No. 3527-0 Page 16 o I. I I 1 1 8 1 II t lo 1 I 1 1 I 2 0.70 j353.10 1 1 1 Approximate I tem Quantity Unit - No. Descrbtion and Unit Price Total 19 C Id Milling 5’ Width at 7,916 LF b.70 55-4/- 2.3 20 Cold Milling 10’ Width at 74 LF I. 15- 85-fl &L)Em cw-6 I. Dollars per Lineal Foot DWF- 7)o- Fl FEm cf.sprs Dollars per Lineal Foot 21 0.1 ’ ARHM-GG-B Overlay at 1,373 TONS 51 *@ 7QO3 *OZ pi Fly 0 /LIE 1 Dollars per Ton 22 St iping at LS N/A MJB *‘) $I.../ IJlhlE- iiuuDh-3 l-i.2kMJ-Y 9EvEY Au3m> kwMl-aw Dollars (Lump Sum) Loop at Dollars (Lump Sum) 23 Replace Traffic Signal LS NIA 2750 F Fl F7-V 24 Replace Raised Pavement LS NIA I7989 Markers at h4\tJm GEl#r Dollars (Lump Sum) ww*a &*?&D H. MAGNOLIA AVENUE 1 Traffic Control at LS NIA IODE O0 plErnUWD EE@- Dollars (Lump Sum) 40 LF / -30 5-2 *oo 3 Dollars per Lineal Foot *w Page 17 of I. \# 2/26/97 Contract No. 3527-0 1 1 I 1 1 I 1 I 1 1 I I 1 I Approxi mate Item Quantity Unit - Price Total mN0- DescriDtion and Unit 4 0.1' C2-AR-4000 Overlay at 700 TONS 32."' a&Q .Ob flrRr\-l TiX3.0 I Dollars per Ton 5 Raise and Adjust to Grade 7 EA 190."O 1330 * O0 Sewer Access Hole Frames at I%mh.lm&-/> JJlLI4l3 Dollars Each 6 Raise and Adjust to Grade 10 EA 27. @ 2.70 4 OD Water Valve Boxes at Tu 9EUt3J Dollars Each 7 Striping at LS N/A 14180'@ *urn hrn&GD E!& I-tT-Y Dollars (Lump Sum) 1. 1. VALLEYSTREET Traffic Control at LS N/A L3Sarn 2 Cold Milling 5' Width at 1,111 LF OJV 377.7a 3 Cold Milling 10' Width at 40 LF 1-30 52.00 UDnlZT;",DDlR~ .%x t-tu G\V% 1 Dollars (Lump Sum) QlwwP/ &AN3 i Dollars per Lineal Foot QUE D0-k --J-M-\nr\c CEFJ-6 ~IfATV FOUR mw .FslF--rv CFCM-rs Dollars per Lineal Foot 4 B-AR-4000 Crown Paving at 139 TONS 34-50 47%*5c Dollars per Ton 5 0.1 ' C2-AR-4000 Overlay at 326 TONS 34-56 1 1247s O0 q-l-klrn ?% LLlz D0-a FPrf CErC>rj Dollars per Ton *= I. 1 &# 2126197 Contract No. 3527-0 Page 18 o Approximate I I Item Quantity Unit No. DescriDtion and Unit Price Total - 6 Raise and Adjust to Grade 3 EA 190 .OO 570.0° Sewer Access Hole Frames at OIUE f4ULmLG-D dl New 1. I Dollars Each 7 Raise and Adjust to Grade 4 EA 27.00 1&.*% Water Valve Boxes at -l-ww '~EVG~ I I I I 2 Clearing and Grubbing at 23 LS 211. ** a/** le m 3 Pedestrian Ramps per 4 EA 209Lt!."O S37Lc0 I I 1 I rr)tLoE)r)zI)clPfiD Dollars Each 8 Striping at LS NIA l4BO bop GuR-kfc'u / kh urn3 Dollars (Lump Sum) 1 J. AVONDALE CIRCLE AND BEDFORD CIRCLE 1 Traffic Control at LS NIA 929.0° hJI1\.IE t+udT-)&D 7mcufl w I tJ E -no0 I-kAmQLD Dollars (Lump Sum) &mwJ Dollars (Lump Sum) SDRSD G-30 at TiO* LLSMD EclIrclGrY mul2 I Dollars Each 4 Cold Milling 5' Width at 1,329LF Dd* q30a3' .~POEUry mfi Dollars per Lineal Foot 5 0.1' C2-AR-4000 Overlay at 167TONS 3bbdD d012*OD *IRn s 1% I Dollars per Ton 6 C1-AR-4000 Slot Paving at 7 TONS ] $4 -" I Ol%~oT; Dollars per Ton 4- f I \# 2/26/97 Contract No. 3527-0 Page 19 of I I 1 I I 1 1 3 Remove Sidewalk at 60 SF 2.64 pZJ.$D I. 1 I I SEm c;Em I e I Approximate Item Quantity Unit DescriDtion and Unit - Price - Total 7 Raise and Adjust to Grade 1 EA L3/ .oo b3, .OD Sewer Access Hole Frames at && t-k-4d-D I. No. *I RTVO u r: Dollars Each 8 Raise and Adjust to Grade 1 EA 2b SO0 26 .Oa Water Valve Boxes at 3Grn -91y I Dollars Each K. CAMELIA PLACE 1 I 334. fl 1334. OD Traffic Control at LS Ti! El-?% 'A tfumGli) lr;L72/ IxUQ Dollars (Lump Sum) Remove Curb at 23 LF 1 I."' 253." G.OEd cc 2 Dollars per Lineal Foot WQ NUL! Dollars per Square Foot SDRSD-G-30 at 2Lbm m uR &Elm5 fru3 4 Pedestrian Ramps per 2 EA 2153.*" 235'43 ~~tJl-V 0 j3E f& rJO&l) a F.7'1 -#EIsr 1 Dollars Each 5 Cold Milling 5' Width at 935 LF 0- 70 bS4 *5a Dollars per Lineal Foot 6 0.1 " C2-AR-4000 Overlay 132TONS 37*@ 4884-a at Dollars per Ton fl1'ErY SGLId e* 1. Page 20 c I %# 2/26/97 Contract No. 3527-0 I I I 1 I I 1 1 proposal. 1. t B 8 I 8 1 P 1 Approximate Item Quantity Unit Description and Unit Price Total - 7 Raise and Adjust to 1 EA r90."0 ,90."O Grade Sewer Access Hole Frames at I. No. tpE *WED )cl,UETy Dollars Each 8 Raise and Adjust to Grade 1 EA 27."O 27.@ Water Valve Boxes at TuNa7I-v s GL)#d Dollars Each g,;l&umg7, d,&Y -7-i-kK-q rtf6zZ 3 d d4q35.0-y Total amount of bid in words: &up&P FiFw 30 ms, roRw ?=;'g d I! + Total amount of bid in numbers: $ &r n, u0 u.' 4 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). kUld\lE. hadhave been received and is/are include The Undersigned has carefully checked all of the above figures and understands that thc 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 r bonds and insurance policies within twenty (20) days from the date of award of Contract b Council of the City of Carlsbad, the City may administratively authorize award of the contr second or third o est bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is ken business or act in the capacity of a contractor within the State of California, validly liceni license number 97352 , classification -/! , I?-?. t-/D L." which f 511 1999 1/' , and that this statement is true and'correct and has the leg: an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursL Business and Professions Code shall be considered nonresponsive and shall be rejected 5 7028.15(e). In all contracts where federal funds are involved, no bid submittec invalidated by the failure of the bidder to be licensed in accordance with California law. H the time the contract is awarded, the contractor shall be properly licensed. Public Contr § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is interested, directly or indirectly, in this Contract, or the compensation to be paid hereunc representation, oral or in writing, of the City Council, its officers, agents, or employees hl him/her to enter into this Contract, excepting only those contained in this form of pJ&A&&l Jka ~/h&-I flq 0 & ?e& 6 -I/-; I ts 2/26/97 Contract No. 3527-0 $&&.l Page 21 ( em 1 I I I I I 0 E I. I 1 I 1 I I I papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making 4 the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 8rn bU! (Cash, Certified Chec or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requiri 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 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 exe Contract and agrees to comply with its provisions. 0 I is complete. 43 I. I p,# 2/26/97 Contract No. 3527-0 Page 22 of 1 I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: / e (I) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business I II (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and charact general partner) 1 1 I I I I 1 I I I I 1 1 (Note: Signature must be mi (3) Place of Business (Street and Number) 1. City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted m‘c em?”/ ,, .,-. Impress Corporate Sea ~im~n~r Y v (3) Incorporated under the laws of the State of (4) Place of Business 4 t-IARRiC 7esurP0A1) (Street and Number) frd City and State 3~r3 ~1~0 eA (5) Zip Code qzI ds P Telephone No. h7 14 27 7- M7) I. e- p,# 2/26/97 Contract No. 3527-0 Page 23 o CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA Countyof SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBL Name and Ttle of Officer (e g , “Jane Doe, Notary Public”) personally appeared MONTY L. WILDE Ixi personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name@) is&E subscribed to the within instrumt and acknowledged to me that he/W€BK6@&xecuted I same in his&i%#XW authorized capacity(&X), and that hisMCGXW signature@$ on the instrument the person( or the entity upon behalf of which the person@) actt executed the instrument. WITNESS my hand and official seal. Name(s) of Signer(s) Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevf fraudulent removal and reattachment of ths form to another document. Title or Type of Document: Document Date: Number of Pages: / Signer(s) Other Than Named Above: CapacityQes) Claimed by Signer@) Signer’s Name: NONTY L. WILDE 0 Individual CI Individual [XI Corporate Officer Title(s): SECRR=/CONTRACT MGR Tit le( s) : 0 Partner - 17 Limited C General 0 Corporate Officer 0 Partner - 17 Limited 0 General Cl Attorney-in-Fact 0 Guardian or Conservator Guardian or Conservator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY Prcd No 5907 Reorder Call Toil-Fre Q 1994 Nahonal Notary Association * 8236 Remmet Ave , PO Box 7184 * Canqa Park. CA 91309-7184 I I 1 1 I I -. 1 I 80 @ 1 8 I 8 I I NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU: ATTACH ED J/kf;r. t/AnQ;s comAn\u, A wmm Gak%d List below names of president, vice president, secretary and assistant secretary, if a corporat partnership, list names of all general partners, and managing partners: c- I. Ju/-/hl R. GEOF_RIcD@ RES IDW7- Mow7-Y 1. Lc)r U> E -TAW I F4EL MIL L FA urmu& ~- cc ---_ -- em I. I p,s 2/26/97 Contract No. 3527-0 Page 24 oi 1 BID SECURITY FORM 8 (Check to Accompany Bid) i. (NOTE: The following form shall be used if check accompanies bid.) / / Accompanying this proposal is a *Certified *Cashiers check p to the order of CARLSBAD, in the sum of I I 1 I 1 i I. 1 6 I I I I dollars ($ id. The proceeds of this ch ccepted by the City throu! ed shall fail to execute a Bonds and proof of ii returned to the undersigr if the undersigned shall 1 et for the opening thereo ntract to another bidder. BIDDER D *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of amount of the bid.) 4- I. I r,s 2/26/97 Contract No. 3527-0 Page 25 of BIDDER'S BOND TO ACCOMPANY PROPOSAL 0 KNOW ALL PERSONS 5Y THESE PRESENTS: as Surety are he!d akbound Unto the city of Carlsbad, California, in an amount a! (must be at least ten percent (10%) of the bid amount) mn payment, well and truly made, we bind OUr'dveS, our heirs, e s~~ccessofs or assigns, jointly and severally, firmly by these presents. THE CoNDiTlON OF THE FOREGOING OBLIGA'tION IS SUCH that if the proposal of ti bounden Prindpal for: Ttiat we,- J.. eo-Y , as Principal, and SEABOARD SURETY 1967' Pavement Overlay and Concrete Repairs Project Contract NO. 3527-0 in the City of Carisbad, is accepted by the CiQ Council, and if the Ptincipal shall duly ente execute a Contract including required bonds and insurance policies within twenty (20) day: date of award of Contract by the City Council of the City of Carisbad, being duly notfit award, then this obligation shall become null and void; otherwise, it shall be and remain ir and effect. and the amount specified herein shall be forfeited to the said City. ,... .... .-*. 0 .... r... .... .... ._-. .... *s.. .I.. ..-. ,... Cnntv9n4 LC-. 3c-7 fi s$ 2/26/97 - a- In the event Principal executed this bond as an individual, it is agreed that the death of F shall not exonerate the Sw?& from Its obligations under this bond. Executed by PRINCIPAL this // Executed by SURETY this 9TH day of JUE __..----. ,..-z '9Z. JUNE 3s7----- -* 0 PRINCIPAL: SURElY SIM J. KARR3LSMPpINY - 1 SEABOARD SUpTY COMPANY (name of Principal) (name of Surety) P.O. BOX 2151 SPOKANE. WA 99210 (address of Surety) (telephone number of Surety) 509-358-3900 - .. (print name here) 0 1 -7 -, ASST SECWI"PRY -- By: ~ f?!d/$!*<? .A& ,&J&Q4? -_____. (signature of Attorney-in-Fact) cm1s MELVILJJ? (printed name of Attorney-in-fact) R PRBBEHICKSON - .,. --.,,.,..--.I------ (print name here) (Attach corporate resolution showing &2%i%$hitatian of signatory) (Proper notariat acknowtedge of execution by PRINCIPAL and SURETY must be attached.) (President QB vice-president and secretary or assistant secretary must sign for corporations. one officer signs, he carpbration must attach a resolution certified by the secretary or a secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City A3orney power of attorney.) 1 7 I-*-.___-.- e - By; a q,-n*-- a CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT CALIFORNIA SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBLI Name and Title of Officer (e g , "Jane Doe, Notary Public') personally appeared JOHN R. FREDERICKSON [xi personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrum( and acknowledged to me that he/she/they executed t same in his/her/their authorized capacity(ies), and that his/her/their signature(s) on the instrument the person( or the entity upon behalf of which the person(s) act€ executed the instrument. WITNESS my hand and official seal. Name@) of Signer(s) Though the information below IS not required by law, if may prove valuable to persons relying on the document and could prev6 fraudulent removal and reattachmenf of thIs form tu another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: JOHN R. FREDERICKSON Signer's Name: c7 Individual 0 Individual E4 Corporate Officer 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 3 General 0 Corporate Officer PRESIDENT Title(s): 0 Attorney-in-Fact Cl Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY Reorder Call Toll-Free Q 1994 National Notaly Assmiation * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA County of SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBLI Name and Title of Officer (e.g.. =lane Doe. Notary Public”) personally appeared MONTY L. WILDE [x1 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person$ whose name@) is&E subscribed to the within instrumei and acknowledged to me that he/mw&xecuted th same in hishmar authorized capacity(&@, and that t hisMixrRzXr signature(@ on the instrument the person@ or the entity upon behalf of which the person@) actec executed the instrument. Narne(s) of Signer($ Though the information below is not required by law, it may prove valuable to persons relying on the document and could preven, fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: MONTY L. WILDE 0 Individual 0 Individual 1xi Corporate Officer Titk?(S): SECBET&BY/CO=T MGR Title(s): Partner - 0 Limited C General 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator E! Guardian or Conservator 0 Corporate Officer Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY 0 1994 National Notary Association 8236 Remrnet Ave., P.O. Box 7184 Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-81 e State of Washington ) county of Spokane ) I certify that I know or have satisfactory evidence that CHRIS MELVILLE signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on JUNE 99 lgg7 PL e Signature of Notary - 02--lD -4i -- My appointment expires 0 u I 1 I i f I I. I 1 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTORS BID" AND ''DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS 1. REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ai Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions ir 1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct informa' result in rejection of the bid as non-responsive. Any bid that proposes performance of mor€ percent of the work by other than the Contractor's own organization will be rejected responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor c Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to com 1 Work. All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lc percentage of the bid item installed by the Subcontractor or Owner OperatorlLessor beinc the line of the form must be entered under the column "010 of Item by Sub" or "O/O of Item as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any poi bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity c item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The materials and transport for materials from sources outside the limits of work, as shown on t shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as may be, installing them. The value of material incorporated in any Subcontracted ( Operator/Lessor installed bid item that is supplied by the Contractor shall not be includc part of the portion of the work that the Contractor is required to perform with its own organi; The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered i Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the nun be entered on the form. If the Subcontractor does not have a valid business license enter 'I the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary 1 the required information. The number of additional form pages shall be entered on the page of each type so duplicated. R I I I 1 ' em I. I r,s 2/26/97 Contract No. 3527-0 Page 28 of u I Bidder may, at its option, combine bid items on a single row in the chart on the disclosure using this option the Bidder must indicate the bid item numbers to which the information ir pertains. This option may not be used where the subcontractor or Owner Operator constructing or installing less than 100 percent of a bid item. The percentages and dollar may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de of subcontractor or designation of Owner Operator/Lessor forms as applicable. The ex1 sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awa contract shall determined by the City Council in conformance with the provisions of the documents and these Special Provisions. The decision of the City Council shall be final. 1. 1 I I 1 i 1. 1 I 1 t II 1 1 R ** I. I p,s 2/26/97 Contract No. 3527-0 Page 29 of 1 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID e The Bidder MUST complete each information field on this form for each subcontract0 proposes to use. Additional copies of this form may be attached if required to accommoc Contractor's decision to use more than one subcontractor. This form must be submitted as i the Bidder's sealed bid. Failure to provide complete and correct information may result in rejf the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in PI 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 specificatit section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair F Act." The Bidder further certifies that no additional subcontractor will be allowed to perf1 portion of the Work and that no changes in the subcontractors listed work will be made excf the prior approval of the Agency. Full Company Name of Subco Hill (! 0 amu c77od. lhlc. Complete Address: 13b4 d. b/fffiUOL/a !kt/ E Street EL &*T 0 Id c4 qZOz-2- - City State Zip 0 Telephone Number plus Area Code: Cb 19) 4 4M-448 - California State Contractors License No. & Classification: Carlsbad Business License No.: 5047sg cln,A;ri3cE 72) RW - - Page 1 @of ,3) Lpages of this form e 4w p,s 2/26/97 Contract No. 3527-0 Page 30 of DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontract01 proposes to use. Additional copies of this form may be attached if required to accommoc Contractor's decision to use more than one subcontractor. This form must be submitted as E the Bidder's sealed bid. Failure to provide complete and correct information may result in rejc 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 P Act." The Bidder further certifies that no additional subcontractor will be allowed to perfc portion of the Work and that no changes in the subcontractors listed work will be made exce the prior approval of the Agency. Full Company Name of Subcor 0 HE:D r. OhlWRtj CTJOd. lldp. Complete Address: !3&9 Id. h/IMUOLId &/ F Street EL &.T ohl m q20Z-z - City State Zip Telephone Number plus Area Code: Cbrd # &-cpIIB e- California State Contractors License No. & Classification: Carlsbad Business License No.: 5647ff - - Page ] (2 of 3) b pages of this form 0 4- Contract No. 3527-0 Page 30 of 8d r,s 2/26/97 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID 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 accommoc Contractor's decision to use more than one subcontractor. This form must be submitted as E 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 Subcor e HE:D c OMSrn u CiTiOd. 1m. Complete Address: !3b4 d. PIMU001 Id #I/ F Street EL f&T ohl a 9202.2- - City State Zip Telephone Number plus Area Code: cb /4) # N-GIIB 0- California State Contractors License No. & Classification: Carlsbad Business License No.: k N R'B LE 7D 2a-K cc 5047sg - - Page ! @of$ b pages of this form e 4- p,s 2/26/97 Contract No. 3527-0 Page 30 of 8r DESIGNATION OF SUBCONTRACTOR AND e AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor th proposes to use. Additional copies of this form may be attached if required to accommodate Contractor's decision to use more than one subcontractor. This form must be submitted as a pi the Bidder's sealed bid. Failure to provide complete and correct information may result in rejecti the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prep this bid for the Work and that the listed subcontractors will be used to perform the portions c Work as designated in the list in accordance with applicable provisions of the specifications section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Prac Act." The Bidder further certifies that no additional subcontractor will be allowed to perforrr portion of the Work and that no changes in the subcontractors listed work will be made except the prior approval of the Agency. of S u bcon tr4 Full Company Alcl ITOL , co~~%hlv EN6 1 tJ E EL9 Uc16 Complete Address: 35 0 LdE st hh7-l-i A VfalUE .SLW- 3 f Gm N D I Dn 2025 - City State Zip 0 Telephone Number plus Area Code: ( b1 9) 741-9q2J - # - California State Contractors License No. & Classification: b kEY Irc I s sls39 Carlsbad Business License No.: h//LL ORTRI~ mlOR Ti3 /A f%?Y - - ac@ 35-343 - 0 Page 2/ of & pages of this form e= \# 2/26/97 Contract No. 3527-0 Page 30 of 84 DESIGNATION OF SUBCONTRACTOR AND 0 AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor tt proposes to use. Additional copies of this form may be attached if required to accommodati Contractor's decision to use more than one subcontractor. This form must be submitted as a p the Bidder's sealed bid. Failure to provide complete and correct information may result in rejecti the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prep this bid for the Work and that the listed subcontractors will be used to perfom the portions c Work as designated in the list in accordance with applicable provisions of the specifications section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Pra( Act." The Bidder further certifies that no additional subcontractor will be allowed to perforn portion of the Work and that no changes in the subcontractors listed work will be made except the prior approval of the Agency. Full Company Name of Subcontr ,SELECT ECELsrRIC- 1 Lie Complete Address: ? el9 - Bo% 1457 Street LE)/ (3A 91979 - City State Zip 0 Telephone Number plus Area Code: bId460 c bobo - California State Contractors License No. & Classification: 297034 e40 SUP? bd \ uc OC3Tkd - Carlsbad Business License No.: - 0 Page 3 of 14 pages of this form ern p,s 2/26/97 Contract No. 3527-0 Page 30 of 8 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID 0 The Bidder MUST complete each information field on this form for each subcontracto proposes to use. Additional copies of this form may be attached if required to accommoc Contractor's decision to use more than one subcontractor. This form must be submitted as : the Bidder's sealed bid. Failure to provide complete and correct information may result in rej the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in p this bid for the Work and that the listed subcontractors will be used to perform the portior Work as designated in the list in accordance with applicable provisions of the specificati section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair F Act." The Bidder further certifies that no additional subcontractor will be allowed to perf portion of the Work and that no changes in the subcontractors listed work will be made excl the prior approval of the Agency. Full Company Name of Subcc QWi$F - @IQ!A~J~ WPIffi. GFRvILE i lrJC Complete Address: 183 A/, ?t % LFy c s 7-Q.S-r Street Of2.Fw4 E A 4 %L7B - City State Zij Fr ELi? OrACE MAIN Q$?flCE 0 Telephone Number plus Area Code: (( / -4 34L045- ; c32 - California State Contractors License No. & Classification: Carlsbad Business License No.: IZOlC004 5;/9a - - Page 9 of b pages ofthis form e em p,# 2/26/97 Contract No. 3527-0 Page 30 o DESIGNATION OF SUBCONTRACTOR AND 0 AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor tb proposes to use. Additional copies of this form may be attached if required to accomrnodatc Contractor's decision to use more than one subcontractor. This form must be submitted as a p: the Bidder's sealed bid. Failure to provide complete and correct information may result in rejectit the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prep this bid for the Work and that the listed subcontractors will be used to perform the portions c Work as designated in the fist in accordance with applicable provisions of the specifications section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Prac Act." The Bidder further certifies that no additional subcontractor will be allowed to perforrr portion of the Work and that no changes in the subcontractors listed work will be made except the prior approval of the Agency. Company Name of Subcontr( F?!FN7- UE LYCLE/2.? SY ma??S, jNC Complete Address: PO % ROk 12b4 T7rVrnEIDL. 92.5620 - State Zip 0 :phone Number plus Area Code: hO9) 1~82 -/Q9/ California State Contractors License No. & Classification: -A3 1 LL (3 BTil A Carlsbad Business License No.: 1 - 5-44352 4. - - em p,s 2/26/97 Contract No. 3527-0 Page 30 of 8 DESIGNATION OF SUBCONTRACTOR AND e AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor th proposes to use. Additional copies of this form may be attached if required to accommodate Contractor's decision to use more than one subcontractor. This form must be submitted as a p: the Bidder's sealed bid. Failure to provide complete and correct information may result in rejectir the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in prep, this bid for the Work and that the listed subcontractors will be used to perform the portions c Work as designated in the list in accordance with applicable provisions of the specifications section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Prac Act." The Bidder further certifies that no additional subcontractor will be allowed to perform portion of the Work and that no changes in the subcontractors listed work will be made except the prior approval of the Agency. Full Company Name of Subcontri Complete Address: * BOK 1m3 nmlf+til u3-UDScA pe, IN C* f' treet LSBBAD. &* 42018 - City State Zip @ Telephone Number plus Area Code: ( tpl4 434 -)4 i - California State Contractors License No. & Classification: gQ8RL 1 e-27 Carlsbad Business License No.: 1195L23 - - 0 Page &I of b pages of this form *w p,s 2/26/97 Contract No. 3527-0 Page 30 of 8, 8 1 1 1 I Bid Bid Price % of Item % of Total Bid Bid Price YO of Item YO Item NO. of item by0+0 Contract Item No. of Item byO+O C I , BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets r submitted under separate cover marked CONFIDENTIAL. I. I A-U3 OAf IS /dl? 2&?w 7 &MPAhl)/ -IC 1. I 8 1 * e R.UE L. I e 1. I 1 1 R 1 1 QRdEkT Okf,!?- PQUS TQUL~OA../ 6. MF~TEZY~LS- c .. lkf d dML% bMPmlY .IS OUAJEP a>/ m I. 4- I %# 2/26/97 Contract No. 3527-0 Page 32 General Engineering Contractor ASPHALT & UNDERGROUND SPECIALISTS 0 PRE -0 UALU?ICATIOF4 STAT&WNT SIX J, EIhxgRIS COMPANY - A DELAWARE: CORPORATION SIM J, IIARIUS COMPANY IS A PART OF THE CORNERSTONE CQNSTRUCTION AND i?WI"I'RIAL GROUP OWNED BY HANSON IMDUSTmES P.O. BOX 639069 (9229 HARRIS PLANT ROm) SAN DIEGO, CA 92163-9069 (921 45) TELEPHOIGE (MAIN LINE) (619) 277-5481 PAVING: (619) 277-0871 FAX (61s) 268-5126 ESTAULlSHED IN 1932 ZEP. ID. # 52-1564286 STATE OF CP-LIFORNIA CONTRACTORS LICENSE $97352 SINCE 1934 CLASSIFICF,TIONS: A, C-7, C-10, HAZARDOUS EXPIRES 8/31/98 TYPE OF CONTRACTOR: GENERAL ENGINEERING CONTFWCTOR SPECIALIZING Ilu' GRADING , ASPHALT C3NCRETE PAVING , SEALCOATING h UNDEXROUND CONSTRUCTION (FlBER OPTICS , TELEPHONE r. CABLE COiWUNICATIONS) WUFACTUREX: ASPHALT CONCRETE , EMULSIOPdS I ROCK PRODUCTS AIXEAS OF CONSTRUCTION INDUSTRY: COMMERCIAL f RESIDENTIAL, INOUSTIiIAL , PUELIC WORKS, GOVERNXENT GEOG3W;MICWL mFAs WE NORMALLY worn: SAX DIEGO COUNTY .- FRVING OE'EWATIONS USA SC INZERNATIONAL - CABI,% COLW-UNICATIONS CjPERATIQNS 0 COMTMCT SIZE LIMIT: UNLIMITED UNION IiFFILIZiTIOM: LASORERS LOCAL 89 , TEAMSTERS LOCAL 36 NAMES C TITLES OF OFFICERS: E. A. NELSON - CHAI-RMAN OF THE BOARD JOHN R, FREDERICKSON - PRESIDENT MEL l?IILLEK - CONTROLLER M, L. WILDE - ASST SECRETARY/AC PAVING CONTR MGR JQHN ELLIOTT - ASST SECRETARY/CABLE COMMUNICATIONS IFIANK WV'E2ENCE: NATIONS BANK OF N.C, - ASHVILLE, N. C. WELLS FARGO BANK, FORMERLY FIRST INTERSTATE - LOS ANGELES CI: SEABOARD SURETY COMPANY, BURNT P'lILLS Fa & RTE 206, BONDING COMPANY: BEDMINISTER, N. J. 07921 AGENT: SEDGWICK JAMES C/O CHRIS TJARSON - (800) 525-7012 BONDING CAPACITY: $25,000,000+ INSUl2zQJCE COMPrn : INSURANCE COMPANY OF NORTH AMERICA BROKER: SEDGWICK JAMES OF NJ, INC. 3 BECKER FARM RD, ROSEIAND, N.J. 07068 AGENT: KRISTIN VIGLIRNTI (201) 533-4776 0 P.O. BOX 639069, SAN DIEGO, CA 92163-9069, (619) 277-5481 / FAX: (619) 268-5126 LIC #97352-A SIM J. HARRIS COMPANY IS A LARGE BUSINESS. SIM J. HARRIS COMPANY IS NOT A MINORITY BUSINESS ENTERPRISE OR A WOMAN BUSINESS ENTERPRISE. RECENT MAJOR PROJECTS (PARTIAL LIST) : DATE AGENCY & PROJECT NAME/ CONTRACT COMPLETE PROJECT MGR LOCATION & PHONE AMOUNT 5/94 I) E BARNHART ROOSEVELT MIDDLE 170,130 e P. 0. BOX 270399 SCHOOL SAN DIEGO, 92198 (619) 487-1101 67,600 10/94 T B PENICK & SONS CARLSBAD POI3 620428 STREETSCAPE S D 92162 TERRY HUNT (619) 239-3046 87,800 3/94 CITY OF SAN DIEGO TEMP IMPR OF 9485 AERO DRIVE DAIRY iWRT RD SAN DIEGO 92123 MATT SOUTTERE (619) 627-3231 300 N. HILL ST OVERLAY OCEANSIDE, CA. 92054 JOHN HERRLE (619) 966-4747 201 MATA WAY SAN MARCOS, CA. 92069 FRANK GIAMP.IARINAR0 (619) 752-7550 276 FOURTH AVENUE CHULA VISTA, CA. 91910 ROBERTO SAUCED0 442-1206 1330 FIRST STREET CORONADO, CA. 92118 STEVE KIRKPATRICK 522-7383 1380 N. MISSION RD ESCONDIDO, CA. 92029 JOHN ISAAK 738-6009 201 N. BROADWAY ESCONDIDO, CA. 92025 STEVE HUGHE 741-4664 P. 0. BOX 1161 CT #11-010304 SPRING VALLEY, CA 91977 PIAX FRAZIER (619) 263-1275 7177 OPPORTUNITY RD SAN DIEGO, CA. 92123 MARTY PHILLIPS 688-3194 7/94 CITY OF OCEANSIDE STREET RECONSTRI 1,150,200 133,900 6/95 CITY OF SAN MARCOS ASPHALT OVERLAY 4/95 CITY OF CHULA VISTA 94 OVERLAY 2,017,740 0 6/95 CITY OF CORONADO TRFiNSNET ST REPAIR 240,000 7/95 CALTRANS 11-156824 HWY 78 IMPR 260,266 5/95 CITY OF ESCONDIDO GRAND AVE IMFR 575,438 12/96 ERRECA'S INC. HWY 54 IMPR. $1,134,000 11/95 CALTRANS 11-174404 HWY 67 IMPR 169,254 CONTRACT DATE AGENCY t PROJECT NAME/ COMPLETE PROJECT MGR LOCATION & PHONE MOUNT 8/95 CALTRANS 11-171604 HWY 8 IMPR 168 , 127 a 7 177 OPPORTUNITY RD SAN DIEGO, CA. 92123 MARTY PHILLIPS 6 88-319 4 1200 THIF?D ST AIRFIELD SAN DIEGO CA 92101 IMPROVEMENTS MIKE TUSSEY 200 N. BROADWAY IMPROVEMENTS ESCONDIDO CA 92025 (619) 741-4616 HOMI NANDARI P, 0. BOX 85406 11-174404 SAN DIEGO CA 92186 (619) 467-4080 MARTY PHILLIPS 505 SO. VULCAN AVE & OVERLAY FY ENCINITAS CA 92024 95/96 (619) 633-2600 GREG SHIELDS 300 N COAST HWY OCEANSIDE CA 32054 (619) 966-4731 JOHN HERRLE P. 0. BOX 85406 HWY 78 OVERLAY SAN DIEGO CA 92186 & REALIGNMENT (619) 738-6099 JOHN ISAAC 2351 CARDINAL LN CARDIN ST, SD S.D. 92123-3799 (619) 496-8013 PHYLLIS LEWELLEN 2625 TEMPLE HTS DR, STE D OCEANSIDE, 92056 (619) 726-2170 EXT 2327 HERB ECKERT 10/95 CITY OF SAN DIEGO MONTGOMERY 1,144,545. 2/96 CITY OF ESCONDIDO EL NORTE PKWY 1,478,600. 2/96 CALTRANS HWY 67 OVERLAY 169,300. 4/96 CITY OF ENCINITAS PAVEMENT REHAB 885,500. 4/96 CITY OF OCEANSIDE HARBOR PKG 45,373. LOT #1 0 4/96 CALTRANS 11-201804 537,500. 8/96 S.D.U.SCHOOL DISTR TRANSP PKG IMFR 228 , 000. 2/96 VISTA UNIF SCHOOL AC REM/REPL 198,900. a *, . 1 1 II 1 1 I 1 i 1. 1 8 t 1 I 1 R BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) The Bidder is required to state what work of a similar character to that included in the pi Contract helshe has successfully performed and give references, with telephone number: will enable the City to judge hidher responsibility, experience and skill. An attachment can b P Name and Address e- I. I %$ 2/26/97 Contract No. 3527-0 Page 33 c BECKER FARM ROAD SELAND, NJ 07068 P.O. BOX 639069 SAPJ DIEGO, CA ENERAL LIABILITY CGO GI 8965355 ERS a CONTRACTORS PROT ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS DAYS WRllTEN NOTICE TO THE CERTIFICATE HOWE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS PETE WILSON, GOVl LF-INSURANCE PLANS 6 5 WATT AVENUE SUITE 1 SACRAMENTO CA 95825 PHONE (91 6) 483-3392 FAX (916) 483-1535 CERTIFICATION OF SELF-INSURANCE OF WORKERS ’ COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Subsidiary Certificate of Consent to Self- Insure No. 0439-D was issued by the Director of Industrial Relations to: SIM J. HARRIS COMPANY under the provisions of Section 3700, Labor Code of California, on January 1, 1991. The Certificate is now and has been in full force and effective since that date. 0 Dated at Sacramento, California This 25th day of November, 1996 MBA: fa CC: TERRI HALWRSON CONTRACT ADMINISTRATION SIM J. HARRIS COMPANY P.O. BOX 639069 (Original/Self-Insurer) SAN DIEGO, CA 92163-9069 8 -c I 1 I I I I 1 1 BIDDER'S CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS COMPENSATION GENEWAL LIABILITY, EMPLOYERS' LIABILITY, AUTOM01 (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to t page. 1. Certificates of insurance showing conformance with the requirements herein for: I. Comprehensive General Liability Employer's Liability Automobile Liability Workers Compensation 9-J 2. Statement with an insurance carrier's notarized signature stating that the carrier can, an( payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insuri Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurancc Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policic to meet the specification of this contract must: (1) meet the conditions stated in The Notic Bids, the Standard Specifications for Public Works Construction and the Special Provisior project for each insurance company that the Contractor proposes, and (2) cover anv vehicl the performance of the contract, used onsite or offsite, whether owned, non-owned or h whether scheduled or non-scheduled. The auto insurance certificate must state the cover "any auto" and cannot be limited in any manner. 1 I I I 1 1 1 1 8 4- Qs 2/26/97 Contract No. 3527-0 Page 34 of I. R BIDDER'S STATEMENT RE DEBARMENT 1 (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible I: another jurisdiction in the State of California? I. J Yes no D i I 2. If yes, what waslwere the name(s) of the agency(ies) and what wadwere the pel debarment(s)? Attach additional copies of this page to accommodate more than two debar1 I party debarred party debarred I agency agency I period of debarment period of debarment I. 8 I 1 I 1 1 I I. BY CONTRACTOR: ,C/M 6.1-lnRfsr s COrnWUY M~~~P/ L. LJ I CG E; ~SC %e . (print nameltitle) 4- I r,s 2/26/97 Contract No. 3527-0 Page 35 of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA County of SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBL: Name and Ttle of Officer (e 9, "Jane Doe. Notary Public") personally appeared MONTY L. WILDE 1xI personally known to me - OR -E proved to me on the basis of satisfactory evidence to be the person whose name&) ish= subscribed to the within instrumc and acknowledged to me that he/mw%xecuted t same in hishwdr authorized capacity(&X), and that hisl)9W#XM signature(S$ on the instrument the person( or the entity upon behalf of which the person@) actt executed the instrument. Name(s) of Signer(s) Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevc 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(s) &I(&/? /@ ALkAbL!! Signer's Name: LtlONTY L . WILDE 0 Individual CI Individual 1xI Corporate Officer Title(s): SE-CON- Title(s): 0 Partner - 0 Limited 3 General 0 Attorney-in-Fact Guardian or Conservator CI Corporate Officer CI Partner - I? Limited 3 General 3 Atto rney-in- Fact CI Guardian or Conservator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY 0 1994 National Notary Association - 8236 Remmet Ave , PO Box 7184 - Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Fm I BIDDER’S DISCLOSURE OF DISCIPLINE RECORD I (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State Board which has jurisdiction to investigate complaints against contractors if a complaint re! patent act or omission is filed within four years of the date of the alleged violation. A ( regarding a latent act or omission pertaining to structural defects must be filed within 10 ye; date of the alleged violation. Any questions concerning a contractor may be referre Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826 1. Have you ever had your contractor’s license suspended or revoked by the ( Contractors’ State license Board two or more times within an eight year period? 1. I 1 I I I I. 1 I I I 1 I I 1 J J I Yes no 2. Has the suspension or revocation of your contractors license ever been stayed? Yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever I contractor’s license suspended or revoked by the California Contractors’ State license Boa more times within an eight year period? J Yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you prl perform any portion of the Wor ever been stayed? Yes no 1 If the answer to either of 1. or 3. above is yes fully identify, in each and every case, disciplined, the date of and violation that the disciplinary action pertain to, describe the nati violation and the disciplinary action taken therefor. @ (Attach additional sheets if necessary) e- 1 %? 2/26/97 Contract No. 3527-0 Page 36 of 1 1 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, who's discipline was stayed, the date of the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was r. I I 1 I E I (Attach additional sheets if necessary) ONTRACTOR: f\/lQUT/ L. 1dILDE; @SF- $e* (print name/title) I I I 1 I em I. I tg 2/26/97 Contract No. 3527-0 Page 37 of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA County of SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBL: Name and Title of Officer (e g , "Jane Doe. Notary Public") personally appeared MONTY L. WILDE Ix[ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person whose name@) is&M subscribed to the within instrumc and acknowledged to me that he/$#ME%3$C4?xecuted t same in his&W&r authorized capacity(&?), and that hisl)P&Bm signature(9 on the instrument the person( or the entity upon behalf of which the person@) act( executed the instrument. Name($ of Signer($ hand and official seal. Though the mforrnation below IS not required by law, it may prove valuable to persons relying on the document and could preve 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(s) Signer's Name: MONTY L . WILDE Cl Individual 0 Individual [XI Corporate Officer Title(S): SKCRETARY/CONTRACT MGR Title(s): 0 Partner - I? Limited C General 0 Partner - 0 Limited 0 General I? Atto rn e y-i n - Fact 0 Guardian or Conservator 0 Guardian or Conservator Cl Corporate Officer 0 Attorney-in-Fact Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY 0 1994 National Notary Association * 8236 Remrnet Ave , PO Box 7184 Canoga Park. CA 91309-7184 Prod No 5907 Reorder Call Toll-Free I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID e I. PUBLIC CONTRACT CODE SECTION 7106 State of California 1 ) ss. lsAnl31q@ ) mom L. Cc3113)E , being first duly sworn, del I I 8 E I 1 (Name of Bidder) and says that he or she is kf5TAU.7- 3E@E7flQY E CQMPWY (Title) (Name of Firm)' 1 of A4 J*dd the party making the foregoing bid that the bid is not made in the interest of, or on behall undisclosed person, partnership, company, association, organization, or corporation; that tt 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, co connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sha from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr communication, or conference with anyone to fix the bid price of the bidder or any other bidc fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tc any advantage against the public body awarding the contract of anyone interested in the p contract; that all statements contained in the bid are true; and, further, that the bidder I directly or indirectly, submitted his or her bid price or any breakdown thereof, or the ( thereof, or divulged information or data relative thereto, or paid, and will not pay, any fet corporation, partnership, company association, organization, bid depository, or to any me agent thereof to effectuate a collusive or sham bid. I declare under penalty f perjury that the foregoing is true and correct and that this affid '0 8 I executed on the &E! dayof h7iu;7-L ,I9 9z. 1 I I Subscribed and sworn to before me on the $$7# day of &,tf E a , (NOTARY SEAL) n e Signature of Notary' L em I. 1 \# 2/26/97 Contract No. 3527-0 Page 38 of I SU BOND NO. 361242 PREMIUM: $3,107.00 .01 FAlTWF'UL PERFORMANCEWARRANN BOND *. "7" WHEREAS, the City Council of the Ci?y of Carlsbad. State of California; by Resolu NO. 97- 5tZ-.---, adopted -- J UNE 24, 1997 , has awardet , (hereinai SIM J. HAWS COMPANY, ,_ designated as the "Principal"), a Cantract for: ----. '"* 1997 Pavement Overlay and Concrete Repairs Project 4 Contract No. 3527-0 In the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, other Cocltract Documents now on file in the Office of the City Clerk of the City of Carisbad, a1 which are incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute said Contract and the terms the1 require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, 'WE. SIM J. HARRIS COMPANY - .,I as Princif as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of UNDRED ($690,35o&-J, said sum being equal to one hundred percent (100%) of the estimi amount of the Contract, to be paid to City or its certain attorney, its successors and assigns which payment, well and truly to be made, we bind ourselves, our heirs, executors administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, 1 heirs, executors, administrators. successors or assigns. shall in all things sand to and abide by, well and truly keep and perform the covenants, conditions, and agreements in the Contract and alteration the:eof made as therein provided on their part, to be kept and performed at the time in the manner therein Specified, and in all respects according to their true intent and meaning, shall indemnify and saw3 harmless We City of Carlsbad, its oftlcers, employees and agents therein stipulated, then tFis obligation shall become null and void; otherwise it shall remain in force and effect. As a part of the obligation secured hereby and in addition to the face amount specified then there shalt be included costs and reasonabie expenses and fees, including reasonable attorn fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs included in any judgmant rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the tern the Contract, or to the work to be performed thereunder or the specifications accompanying same shall affect its obligations on this bond, and it does hereby waive notice of any cha extension of time, alterations or addition to the terms of the contract or to the work or to specifications. . e, '4h (hereinafter designated as the "Contractor"), and -OAR D SURETY COMPANY 111' I NINETY .+ -- THOUSAND ---I--- THREE HUNDRED FIFTY AND 45/100-------e----- -Doll "m e-(. @ .YL I"., - m .-+ .L . * .. . -3. ... 4- * ail %d 913Elb7 e--h.-~ LI- 9c-7 n n--- A-. -: n. n * L In the event that Contractor is an individual, it is agreed that the death of any such Contractor i not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this -,-"- 0 /* day Executed by SURETY this - 30m el.. day Qf-a,-*m---7 1@L- -JUNE .- ."-I 19E. CONTRACTOR: SURETY: I) 1. SIM 3, HARRIS COMPANY - SEABOARD SURETY COMPANY -- (name of Cantractor)--' (name of Surety) 0.. P.O. BOX 2151 --- __SPOW$E, WA 99210 (address of Surety) 509-358-3900 C" MONTY L. WILDS --- --^A I+.-. -"I- (print name here) __ (tejephone number of Surety) - ASSISTAMT -- ----------*------ SECRETARY -- By: flkQJ$4&& (Title and Organization Of Slgnatory) (signature of Attorney-+Fact) .. + ..d CHRIS MELVIWE .7 (printed name of Attorney-in-fact) (Attach corporate resolution showing cun power of attorney.) JOHN R. FREDERICKSON 0 .* *----.IC -1-1 --..-.---.-.---,- (print name here) (Title and Organization of signatoryj - PRESIDSNT ----.--1--- P. (Proper notarial acknowiedge of execution by CONTRACTOR and SURETV must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If c one officer signs, the corporation must attach a resolution certified by the secretary or assist secretary under corporate saaf empowering that officer to bind the corporation,) APPROVED AS TO FORM: City Attorney *I ... r .- RONALD R. BALL -I BY: --. *I I..-- I_ *-. *4$ m '3 2/26/97 Contract No. 35274 Paw 48 of 84Pac 0 State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence tha CHRIS MELVILLE signed this document on oath stated that he/she was authorized to sign th document and acknowledged it as the agent o representative of the named surety company which i authorized to do business in the States of Washington an California, for the purposes mentioned in this document DATED on JUNE: 30, 1997 a @L Signature of Notary MY appointment expires Febmaq 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA -1.. SAN DIEGO before me, TERESA T . HALVERSON, NOTARY PUBL Name and Title of Officer (e.g.. =lane Doe. Notary Public") personally appeared JOHN R. FFEDERICKSON E4 personally known to me - OR -C proved to me on the basis of satisfactory evidence to be the person whose namefq is/ST subscribed to the within instrumc and acknowledged to me that he- executed t same in hisM&EkXr authorized capacityBx), and that I his/- signature@) on the instrument the person@ or the entity upon behalf of which the person@) acte executed the instrument. WITNESS my hand and official seal. Name@) of Signer@) Signature of Nocarj Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve, fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) JOHN R. FREDERICKSON Signer's Name: 0 Individual 0 Individual Q Corporate Officer TitIe(s):&, PRESIDENT Title(s): 0 Partner - 0 Limited Ci General G Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator 0 Corporate Officer Guardian or Conservator Signer Is Representing: SIM J. HARRIS COMPANY Signer Is Representing: Prod. No. 5907 Reorder: Call Toil-Free 0 1994 National Notary Associaticn * 8236 Remmet Ave.. P.O. Box 7184 * Canoga Pa&. CA 91309-71&1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA Countyof SAN DIEGO before me, SELENA L. ROBERTS. NOTARY PUBLl Name and Title of Officer (e g , "Jane Doe. Notary Public") personally appeared MONTY L. WILDE IBi personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso4 whose name&) is&@ subscribed to the within instrume and acknowledged to me that hel-wsxecuted tt same in hislBbEWGXr authorized capacity(W, and that I hisMWXMr signature(S$ on the instrument the person0 or the entity upon behalf of which the person@) acte, executed the instrument. Narne(s) of Signer($ Though the information below is not required by law, it may prove valuable to persons relying on the document and could preven fraudulent removal and reattachment of this form to another document. Description of Attach Document Date: Signer(s) Other Than Named Above: Signer's Name: HONTY L . WILDE 0 Individual 0 Individual [XI Corporate Officer Title@): SECRE-Y /CONTRACT MGR Title(s): 0 Partner - 0 Limited 0 General 0 Corporate Officer 0 Partner - 0 Limited 0 General 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY Reorder Call Toll-Free 1-E 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 .na BOND NO. 361242 PREMIUM: INCLUDED IN PERFORMANCE B .M LABOR AND MATERIALS BOND a .c WHEREAS, the City Council of the City of Carlsbad. State of California, by ResolL N0-47-a ---. ----I adopted - JUNE 24. 1997 ~ , has awardel (hereinafter designated as the "Principal"), a Contract for: I__ SlM J - HARRIS-COMPANY * 1993 Pavement Overlay and Concrete Repairs Project cy* Contract No, 3527-0 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Coni Documents now on fils in the Office of the City Clerk of the City of Carlsbad and ail of which incorporated herein by this re?erence. WHEREAS, Principal has executed or is about to execute said Contract and the terms the require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fa pay for any maten'a!s. provisions, provmdar or other supplies or teams used in, upon or about performance of the work agreed to be done; or for any work or labor done thereon of any kind, Surety on this bond will pay the same to the extent hereinafter set forth. -- , as Princi ....I (hereinafter designated as the "Contractor"), and SEABOARD SURETY COMPANY as Suraty, are held firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED e. ($ 345,175.23 ), sard sum being fitly percent (50%) of the estimated amount payabk the City of Cadsbad Under the terms of the Contract, for which payment well and truly to b8 m, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly severally, firmly by &ese presents. THE CONDITION OF THIS OBLlGATlON IS SUCH that if the person or hidher subcontractors to pay for any materiais, provisions, provender, supplies, or teams used in, upon, for, or about performance of the work contracted to be done, or for any other work or labor thereon of any ki or for amounts due tinder the Unemployment Insurance Code with respect to such work or labor for any amounts required to be deducted, withheld, and paid over to the Employment Oeveloprn Oepartrnent From the wages of empfoyees of the contractor and subcontractors pursuant to sect q 3020 of the Unemployment Insurance Code with respect to such work and labor that the Surety pay for the same. not to exceed the sum specified in the bond, and, also, in case suit is brou upon the bond. costs and reasonable expenses and fees, including, reasonable attorney's fees be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shalt inure to the benefit of any and all persons, companies and corporations entitlea file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082). Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms the Contract, or to the work to be performed thereunder of the specifications accompanying ' same shall affect its obligatjons on this bond, and it does hereby waive notice of any chant extension of time, aitei-ations or addition to the terms of the contract or to the work or to . clq N* ...a NOW, THEREFORE, WE, ,SI%> - HARRIS COMPANY F!VE THOUSAND --.--_r ONE HUNDRED SEVENTY FIVE AND 23/1 OO----------------oo(I; '@ -h h.-% - c*4. ir' N .* I specifications. ,,. -. ,I . , ., e g 2/26/97 Contract No. 3527-0 Pnnp AS nf RAPm vsr In the event that Contractor is an individual, it is agreed that the death of any such Cantractor not exonerate We Surety from its obligations under this bond. Executed by CONTRACTOR this I.__I I Executed by SURETY this 30TH w-u e .)*, day of A_-- wa&l ---.- ",-7 19q7 . of JUNE I19- 9 --- SIM J. HARRIS .--.-.--.--_ COMPANY r;a CONTRACTOR: SURETY. name of Contra SEABOARD SURETY COMPANY P.O. BOX 2151 I- (name of Surety) (address of Surety) .q -..- SPOKANE, WA 99210 - 509-358-3900 MONTY 2. WXLDE, ASST S&CRETARY .--I_.------- .4 (print name here) (telephone number of Surety) "* * '* (printed name of Attorney-in-Fact) JOXN R FREDERXCXSON -CI.-T-.-,. --- ----.-.Y".-----CI-. (print name here) (title and organkation of signatary) (attach corporate resolution showing curre -. power of attorney) PRES XDENT _---I__ ".^-------- f -*. (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corpomtions. If one officer signs, the corporation must attach a resolution certified by the secretary or assi secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney rr ** "e. - v" By: JAN DeP 1 .. .. ,t' - 4w 0 .. Page 46 of a4~ %4 2/26/97 Contract NO. 3527-0 c State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence tha CHRIS MELVILLE signed this document on oath stated that he/she was authorized to sign th document and acknowledged it as the agent a representative of the named surety company which i authorized to do business in the States of Washington an California, for the purposes mentioned in this document DATED on JUNE 30. 1997 0 v 0. 6 Signature of Notary My appointment expires February 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA . ..- SAN DIEGO before me, TERESA T. rnLVERSON, NOTARY PUB1 Name and TUe of Otficer (e.g.. 'Jane Doe, Notary Public") personally appeared JOHN R. FREDERICKSON E personally known to me - OR - '1 proved to me on the basis of satisfactory evidence to be the person whose name(3J is/S2i subscribed to the within instrumc and acknowledged to me that heL#Ww executed t same in hismm authorized capacity(jex), and that his/EXZ#5€ signature@) on the instrument the person( or the entity upon behalf of which the person@) act€ executed the instrument. WITNESS my hand and official seal. Name@) of Signer@) Signature of Notary Pubkc Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve< ffauduient removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) Signer's Name: 0 Individual C Individual @ Corporate Officer ;i?tle(s):&! PRESIDENT TitJe(s): @ Partner - 0 Limited 0 General I? Attorney-in-Fact 0 Guardian or Conservator JoHN R FREDERICKSorJ Signer's Name: U Corporate Officer 0 Partner - 0 Limited General CI Guardian or Conservator Signer Is Representing: SIM J. HARRIS COMPANY Signer Is Representing: 8 1994 NaWaI Notary Association * 8236 Rernrnet Ave.. P.O. Box 7184 0 Cancga Park CA91309-7184 Pmd. NO. 5907 RWec Call TolCFiee ' Without Limitations BEZlN3A FAYE iE y Commission Expires Sept. 9,1998 CERTIFICATE CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT CALIFORNIA Countyof SAN DIEGO before me, SELENA L. ROBERTS, NOTARY PUBLl Date Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared MONTY L. WILDE IZ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso4 whose name@) ish% subscribed to the within instrume and acknowledged to me that he/mw%xecuted tl same in hishmar authorized capacity(WQ, and that I hisMWBW signature(% on the instrument the person@ or the entity upon behalf of which the person@) acte executed the instrument. Name($ of Signer@) Though the mformat/on below IS not required by law, it may prove valuable to persons relying on the document and could prevei fraudulent removal and reattachment of ths form to another document. Description of Attach Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MONTY L . WILDE 0 Individual 0 Individual I3 Corporate Officer Title(s): SECRRTARYICONT~T MGR Title(s): 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator 0 Corporate Officer Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY Reorder Call Toll-Free Prod No 5907 0 1994 National Notary Association * 8236 Aemmet Ave , P 0 Box 7184 * Canoga Park. CA 91309-7184 EDGWJICK JAMES OF NJ, LNC. BECKER FARM ROAD OSELAND, NJ 07868 P.O. BOX 639069 SAN DIEGO, CA 92163-9069 CGO GI 8965355 R'S B CONTRACTOR'S PROT ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS THE PROPRETOW PARTNERS/EXECUTIVE CITY OF CARLSBAD, SAN DIEGO COUNTY, 1 PAVEMENT OVERLAY AND CONCRETE REPAIRS PROJECT. CONTRACT NO 3527-0. ' DESCRIPTION OF OPERATlONSlLOCATlONSNEHlCLESlSPEClAL ITEMS 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA. 92008-1989 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER H ACORD COI Endt. 537 COMMERCIAL GENERAL LI, CG 20 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFl POLICY NUMBER: C60 61 896535-5 -* 0 ADDITIONAL INSURED - OWNERS, LESSEES Of CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Ouner, Lessee or Contractor for whan Hanson North Ame and its affiliated and subsidiary companies including Sim Canpany are obligated to provide insurance such as is afforded by the terms of this Policy. CITY OF CARLSBAD, PAVEMENT OVERLAY (If no entry appears above, information required to complete this endorsement will be shown in the tions as applicable to this endorsement.) WHO IS AN INSURED (Section It) is amended to include as an insured the person or organization s the Schedule, but only with respect to liability arising out of your ongoing operations performed for e sured* XdGJ ir 1. CG 20 10 'IO 93 Copyright, Insurance Services Office, Inc., 1992 STATE 11 OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS PETE WILSON, GOVE LF-INSURANCE PLANS I a 65 WATT AVENUE SUITE 1 SACRAMENTO CA 95825 PHONE (916) 483-3392 FAX (916) 483-1535 CERTIFICATION OF SELF-INSURANCE OF WORKERS ’ COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Subsidiary Certificate of Consent to Self- Insure No. 0439-D was issued by the Director of Industrial Relations to: SIM J. HARRIS COMPANY under the provisions of Section 3700, Labor Code of California, on January 1, 1991. has been in full force and effective since that date. @ The Certificate is now and Dated at Sacramento, California This 25th day of November, 1996 MBA: fa CC: TERRI KALVERSON CONTRACT ADMINISTRATION SIM J. HARRIS COMPANY P.O. BOX 639069 SAN DIEGO, CA 92163-9069 (Original/Self-Insurer) 0 ! E 8 CONTRACT PUBLIC WORKS This agreement is made this 24 day of &A/z , 19 47, between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and SIM J. HARRIS COMPANY whose principal place of business 9229 HARRIS PLANT ROAD, SAN DIECO, CA 92145 (hen called "Contractor"). City and Contractor agree as follows: 1. Description.of Work. Contractor shall perform all work specified in the Contract doc for: I. a 1 1997 Pavement Overlay and Concrete Repairs Project Contract No. 3527-0, May 1,1997 8 T (hereinafter called ''project"). 2. Provisions of Labor and Materials. Contractor shall provide all labor, material equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation c Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex! Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI; Specifications, the Special Provisions, addendum(s) to said Plans and Specifications anc Provisions, and all proper amendments and changes made thereto in accordance with this or the Plans and Specifications, and all bonds for the project; all of which are incorporated t Contractor, herlhis subcontractors, and materials suppliers shall provide and install the indicated, specified, and implied by the Contract Documents. Any items of work not ind specified, but which are essential to the completion of the work, shall be provided at the Co expense to fulfill the intent of said documents. In all instances through the life of the Con City will be the interpreter of the intent of the Contract Documents, and the City's decision I said intent will be final and binding. Failure of the Contractor to apprise subcontrac: materials suppliers of this condition of the Contract will not relieve responsibility of compliar 4. .Payment. For all compensation for Contractor's performance of work under this Con shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific Public Works Constru-ction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as the Southern California Chapter of the American Public Works Association, and as amend Special Provisions section of this contract. The Engineer will close the estimate of work ( for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigati jobsite, the soil conditions at the jobsite, and all other conditions that might affect the p B the work, and is aware of those conditions. The Contract price includes payment for all E r.$ 2/26/97 Contract No. 3527-0 Page 39 01 ' w 8 1 3 1 8 I this reference. 2 @ @ 4- s I Ili 1 SI I 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 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 removc Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing fror indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as i 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 s or do involve hazardous waste, and cause a decrease or increase in contractor's costs 01 time required for, performance of any part of the work shall issue a change order un procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions m differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co time required for, performance of any part of the work, contractor shall not be excused f scheduled completion date provided for by the contract, but shall proceed with all WOI performed under the contract. Contractor shall retain any and all rights provided either by or by law which pertain to the resolution of disputes and protests between the contracting pa 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requi of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has ( and will comply with these requirements, including, but not limited to, verifying the eligi employment of all agents, employees, subcontractors, and consultants that are includei @ 1 @ I rn s P 8 Contract. 1 I 1 u 3 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depar Industrial Relations has determined the general prevailing rate of per diem wages in act with California Labor Code, section 1773 and a copy of a schedule of said general prevaili rates is on file in the office of the City Engineer, and is incorporated by reference herein. I to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor I copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defe indemnify and hold harmless the City, and its officers and employees, from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising fr connection with the performance of the Contract or work; or from any failure or alleged Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever 1 may be caused, resulting directly or indirectly from the nature of the work covered by the 8 %# 2/26/97 Contract No. 3527-0 Page 40 of @ em 1 1 8 R R I 1 1 II) I E d s 1 E except for loss or damage caused by the sole or active negligence or willful misconduct of th The expenses of defense include all costs and expenses including attorneys' fees for lit arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award 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 minimi indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single 11 occurrence for bodily injury and property damage. If the policy has an aggregate limit, a : aggregate in the amounts specified shall be established for the risks for which the City or its officers or employees are additional insured. b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f injury and property damage. In addition, the auto policy must cover any vehicle USE performance of the contract, used onsite or offsite, whether owned, non-owned or hi whether scheduled or non-scheduled. The auto insurance certificate must state the cover: "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensa as required by the Labor Code of the State of California and Employers' Liability limits of $" per incident. Workers' compensation offered by the State Compensation insurance acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance requii this agreement contain, or are endorsed to contain, the following provisions. General Employers' Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as additional ii respects: liability arising out of activities performed by or on behalf of the Contractor; pro completed operations of the contractor; premises owned, leased, hired or borrowe contractor. The coverage shall contain no special limitations on the scope of protection a the City, its officials, employees or volunteers. All additional insured endorsements evidenced using separate documents attached to the certificate of insurance; one for each affording general liability, employers' liability and auto liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects th officials, employees and volunteers. Any insurance or self-insurance maintained by tt officials, employees or volunteers shall be in excess of the contractor's insurance an( contribute with it. c. to the City, its officials, employees or volunteers. J 0 6 Any failure to comply with reporting provisions of the policies shall not affect coverag 4- B8 I p,s 2/26/97 Contract No. 3527-0 Page 41 c d. against whom claim is made or suit is brought, except with respect to the limits of the ir (C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, cc shall be maintained for a period of three years following the date of completion of the work. (D) Notice Off Cancellation. Each insurance policy required by this agreement shall be er 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. (E) 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, eitl insurer shall reduce or eliminate such deductibles or self-insured retention levels as respl City, its officials and employees; or the contractor shall procure a bond guaranteeing pay losses and related investigation, claim administration and defense expenses. (F) 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 c its officials or employees. (G) Subcontractors. Contractor shall include all subcontractors as insured under its pa shall furnish separate certificates and endorsements for each subcontractor. Cover2 subcontractors shall be subject to all of the requirements stated herein. (H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating i Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bus insurance by the State of California Insurance Commissioner as admitted carriers as eviden listing in the official publication of the Department of Insurance of the State of Californi under the standards specified by the City Council in Resolution No. 91-403. (I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurz original endorsements affecting coverage required by this clause. The certifica endorsements for each insurance policy are to be signed by a person authorized by that ir bind coverage on its behalf. The certificates and endorsements are to be in forms approw City and are to be received and approved by the City before the Contract is executed by the (J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be re: accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, P (commencing with section 20104) which are incorporated by reference. A copy of Artic included in the Special Provisions I section. The contractor shall initially submit all cla $375,000 to the City using the informal dispute resolution process described in Public Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the Government Code) for any claim or cause of action for money or damages prior to filing ai for breach of this agreement. Coverage shall state that the contractor's insurance shall apply separately to each E I liability. P 1 I R I I f I I I i E 1 fi b 8 e- I. a# 2/26/97 Contract No. 3527-0 Page 42 of I It 111 1 I I 8 I 6 (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 : 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly st false claim to a public entity. These provisions include false claims made with deliberate ig of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to tt- Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fall 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 2 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by refere (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcc from participating in future contract bidding. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no co City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princil of business as specified above, Contractor shall so inform the City by certified letter accon 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 witt 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be si for any monies withheld by the City to secure performance of this contract for any ( established by this contract. Any other security that is mutually agreed to by the Contract0 City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision oi clause required by law to be inserted in this Contract shall be deemed to be inserted hc 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 I amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set foi "General Provisions" or "Special Provisions" attached hereto and made a part hereof. P /kuj (Initial) N I @ 8 I 1 8 em Io 8 r,s 2/26/97 Contract No. 3527-0 Page 43 of E NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU 1 ATTACHED P II (CORPORATE SEAL) 1 CONTRACTOR: I 1 I i 6 President or vice-president and secretary or assistant secretary must sign for corporation one officer signs, the corporation must attach a resolution certified by the secretary or secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: I e RONALD R. BALL 1 t em P 1 a# 2/26/97 Contract No. 3527-0 Page 44 of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA before me, SELENA L. ROBERTS, NOTARY PUBLI Name and Title of Officer (e g , "Jane Doe. Notary Pubb") personally appeared MONTY L. WILDE Name($ of Signer($ El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso4 whose name@) ishi@ subscribed to the within instrume and acknowledged to me that he/&l%X~%xecuted tt same in his/%3mdr authorized capacity(&@, and that I his&W2W signature(@ on the instrument the personc or the entity upon behalf of which the person@) act€ executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could preve fraudulent removal and reattachment of thrs form to another document. Description of Attached Document Title or Type of Document: /du6 dw A / Number of Pages: 4 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) &62J& L Signer's Name: MONTY L. WILDE 0 Individual CJ Individual 13 Corporate Officer Title(s): SFLR-Y /CONTRACT &R Title@): 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited CJ General 0 Corporate Officer 0 Guardian or Conservator Guardian or Consewator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY 0 1994 National Notary Assoclahon - 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Frf CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA SAN DIEGO On ?Jhtate personally appeared JOHN R. FREDERICKSON @ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person( whose name(s) idare subscribed to the within instrume and acknowledged to me that he/she/they executed tl same in his/her/their authorized capacity(ies), and that I his/her/their signature(s) on the instrument the person(: or the entity upon behalf of which the person(s) acte executed the instrument. before me, SELENA L. ROBERTS, NOTARY PUBLI( Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer@) y hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevt fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: JOHN R. FREDERICKSON Signer's Name: 0 Individual 17 Individual Corporate Officer 0 Partner - 0 Limited 0 General 0 Corporate Officer CI Partner - Limited General PRESIDENT Tit le( s) : D Guardian or Conservator Guardian or Conservator Signer Is Representing: Signer Is Representing: SIM J. HARRIS COMPANY Reorder: Call Toll-Fr 0 1994 National Notary Association 8236 Remrnet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION 1 1 8 I 1 I 1 1 1 I I 8 t The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: 1. Are you currently certified by CALTRANS? Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(S1: Mark all applicable blanks. This offeror repres part of this offer that: This firm is-, is not- a minority busines This firm is-, is not- a woman-owned b WOMAN-OWNED BUSINESS: A woman-ow ness is a business of which at least 51 F owned, controlled and operated by a woman c Controlled is defined as exercising the powei policy decisions. Operation is defined a: involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE YES NO - J a DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CoNTRACToR: (minorities) as Black American, Hispanic American, defines the socially and economically disadvantaged Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LlCENSE NUMBER: ? Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and CERTIFICATION: ASPAALT co Id&&= 1. CLASSIFICATIoN(S): u &e cd 0 ' TAXPAYERS 1.D. NO. 5-2 7352 -lOL+LpC m Taiwan). d correct as of the date submitted. em P 1 p,s 2/26/97 Contract No. 3527-0 Page 49 of 8 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 1 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 "Cit whose addl hereinafte "Contractor" and whose add here I* I I I I I I 1 1 I I 8 I* I 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 Ci the contractor has the option to deposit securities with the Escrow Agent as a subst retention earnings required to be withheld by the City pursuant to the Construction Contract into between the City and Contractor for the 1997 Pavement Overlay and Concrete Repairs Contract No. 3257-0, in the amount of (hereinafter referred to as the "Contract"). Alternatively, on written request of the contra1 City shall make payments of the retention earnings directly to the escrow agent. W Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agt notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance negligent acts and omissions of the escrow agent in connection with the handling of re under these sections in an amount not less than $100,000 per contract. The market valu securities at the time of the substitution shall be a least equal to the cash amount then rec be withheld as retention under the terms of the contract between the City and Con Securities shall be held in the name of the ,a designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwk 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, tht agent shall hold them for the benefit of the contractor until such time as the escrow creatl this contract is terminated. The contractor may direct the investment of the paymc securities. All terms and conditions of this agreement and the rights and responsibilitic 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 thc Agent in administering the Escrow Account and all expenses of the City. These exper 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 escrov interest earned on that interest shall be for the sole account of Contractor and shall be s withdrawal by Contractor at any time and from time to time without notice to the City. dated go a 8 *w p,s 2/26/97 Contract No. 3527-0 Page 50 of 1 I I I I I 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow P only by written notice to Escrow Agent accompanied by written authorization from City to the I Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contract( 7. The City shall have a right to draw upon the securities in the event of default by the Cont Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrou 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 immediate1 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 co pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor st Escrow Agent harmless from Escrow Agent's release, conversion and disbursement securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive notice on behalf of the City and on behalf of Contractor in connection with the foregoi exemplars of their respective signatures are as follows: For City: Title I. 1 Name Signature Address e 1. 1 I 8 For Contractor: Title Name 1 Signature Address For Escrow Agent: Title Name Signature 8 Address 1 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escri a fully executed counterpart of this Agreement. ll 4- I. Page 51 of I %d 2126197 Contract No. 3527-0 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer: date first set forth above. 1 1 1 1 I It 1 I 1 I 1 II 1 II I For City: Title Name Sign a tu re Address r For Contractor: Title 1 Name Signature Address For Escrow Agent: Title Name Signature I. Address QW p,s 2/26/97 Contract No. 3527-0 Page 52 of t I. 1 8 SPECIAL PROVISIONS FOR 1997 PAVEMENT OVERLAY AND CONCRETE REPAIRS PROJI CONTRACT NO. 3527-0 SUPPLEMENTAL PROVISIONS TO I. 1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT PART I, GENERAL PROVISIONS 1 I 1 1 X t 8 SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sch or words of similar import are used, it shall be understood that reference is made to tF accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar im 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. I. ' Add the following section: 1 1-1.4 Perform. The word "perform" shall be understood to mean that the Contract0 expense, shall perform all operations, labor, tools and equipment, and further, incluc furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and ready including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, ! exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hislher approved representative I i 8 1 I 0 e= p,s 2/26/97 Contract No. 3527-0 Page 53 of 1 1 Dispute Board - persons designated by the City Manager to hear and advise the City Mana claims submitted by the Contractor. The City Manager is the last appeal level for informal c Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. Tt Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the ( Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are directed, supervised and paid by the Contractor to accomplish the completion of the Work. F such employees have their employment taxes, State disability insurance payments, Sta Federal income taxes paid and administered, as applicable, by the Contractor. When i Section 2-3.1 ”own organization’’ means construction equipment that the Contractor owns or and uses to accomplish the Work. Equipment that is owner operated or leased equipment operator is not part of the Contractor’s Own Organization and will not be included for the pur compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner OperatorlLessor - Any person who provides equipment or tools with an operator F who is employed by neither the Contractor nor a subcontractor and is neither an agent or er of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of aF Project Inspector - the Engineer’s designated representative for inspection, contract admin and first level for informal dispute resolution. Senior Inspector - the Project Inspector’s immediate supervisor and first level of ap 1 f resolution. I 1 1 B ’ ’ informal dispute resolution. 10 1 informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 1 8 1 I I II 2-3.1 General. add the following: Should the Contractor fail to adhere to the provisions the Contractor to complete 50 percent of the contract price with its own organization, the may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 p the value of the work performed in excess of 50 percent of the contract price by other Contractor’s own organization. The City Council shall be the sole body for determinai violation of these provisions. In any proceedings under this section, the prime contractoi entitled to a public hearing before the City Council and shall be notified ten (IO) days in a( the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS. modify as follows: Delete the third sentence of the first p having to do with a surety being listed in the latest revision of U.S. Department of Treasur 570. Modify Paragraphs three and four to read: The Contractor shall provide performance/warranty bond and payment bond (labor and materials bond) for this conti faithful performance/warranty bond shall be in the amount of 100 percent of the contract the payment bond shall be in the amount of 50 percent of the contract price. Both bc I %# 2/26/97 Contract No. 3527-0 Page 54 of 1 e em I II I 1 I 1 1 I. 1 i I I extend in full force and effect and be retained by the Agency during this project until th released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 3 after recordation of the Notice of Completion and will remain in full force and effect for the or warranty period and until all warranty repairs are completed to the satisfaction of the Enginee The payment bond shall be released six months plus 30 days after recordation of the Nc Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitt authorized to transact the business of insurance in California and whose assets excec liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to COP following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I 2) A certified copy of the certificate of authority of the insurer issued by the in If the bid is accepted, the Agency may require a financial statement of the assets and liat the insurer at the end of the quarter calendar year prior to 30 days next preceding the da execution of the bond. The financial statement shall be made by an officer's certificate as d Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staterr be verified by the oath of the principal officer or manager residing within the United States. I ' other instrument entitling or authorizing the person who executed the bond to do so. commissioner. I 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. add the following: The specifications for the work include the Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter de "SSPWC", as issued by the Southern California Chapter of the American Public Works As: and as amended by the Special Provisions section of this contract. The construction plans consist of Sheets 1 to 38 and are attached hereto. The standard used for this project are the latest edition of the San Diego Area Regional Standard C hereinafter designated SDRS, as issued by the San Diego County Department of Publil together with the City of Carisbad Supplemental Standard Drawings. 2-5.3.3 Submittals. add the following: When submitted for the Engineer's revie Drawings shall bear the Contractor's certification that he has reviewed, checked, and app Shop Drawings and that they are in conformance with the requirements of the Contract Doc The Contractor shall subscribe to and shall place the following certification on all submittals "I hereby certify that the (equipment, material) shown and marked in this submittal is that to be incorporated into this Project, is in compliance with the Contract Documents, can bl in the allocated spaces, and is submitted for approval. By: Title: a 8 8 Date: Company Name: em I. a r,# 2/26/97 Contract No. 3527-0 Page 55 o 1 1 1 I 1 I 1 i I 1 I i I Add the following: 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete ‘I; record set of blue-line prints, which shall be corrected in red daily and show every change fl original drawings and specifications and the exact “as-built“ locations, sizes and kinds of equ underground piping, valves, and all other work not visible at surface grade. Prints for this 1 may be obtained from the Agency at cost. This set of drawings shall be kept on the job and ! used only as a record set and shall be delivered to the Engineer upon completion of the Payment for performing the work required by section 2-5.4 shall be included in various bid ite no additional payment will be made therefor. Add the following: 2-6 Work to be Done. The work to be done consists of curb, gutter and sidewalk rc and replacement; A.C. cold milling; road surface patching and leveling; overlaying with rubt A.C. and striping work all as shown on the attached plans. Contractor shall be responsi restoring all striping to original condition, per Caltrans Traffic Manual, Chapter 6, unless 0th indicated. Contractor shall be responsible for restoring landscaping and irrigation t construction condition. The Contractor shall furnish all materials required by this contrc provide the necessary labor and equipment to complete the operations specified herein. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. substitute the following: The Contractor shall noi permanent survey monuments or benchmarks without the consent of the Engineer. Wt Engineer concurs, in writing, with the Contractor that protecting an existing monument in impractical, the Contractor shall employ a licensed land surveyor to establish the locatio1 monument before it is disturbed. The Contractor shall have the monument replaced by a land surveyor no later than thirty (30) days after construction at the site of the replace completed. The Licensed Land Surveyor shall file corner record(s) as required by 53 8’ 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in permanent survey monument is located, the Contractor shall adjust the monument frame ar to the new grade. Monument frames and covers shall be protected during street sealing or projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Survey Service. substitute the following: . The Contractor shall hire and pa) services of a land surveyor licensed in the State of California, hereinafter Surveyor, to pe work necessary for establishing control, construction staking, records research and ’ surveying work necessary to construct the work, provide surveying services as required he provide surveying, drafting and other professional services required to satisfy the require1 the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operat 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 conforr requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade 5 the Engineer before commencing work in the area affected by the grade sheets. The Cl shall submit field notes for all surveying required herein to the Engineer within ten performing the survey. All surveying field notes, grade sheets and survey calculations submitted in bound form on 8’1; by 11” paper. The field notes, calculations and data shall and complete with name of field party chief, field crew members, preparer, date of obser calculation, consecutive page numbers and shall be readable without resort to any electr 1. g I 1 I em I \# 2/26/97 Contract No. 3527-0 Page 56 of computer program or documentation for any computer program. The field notes shall be p in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Re Survey prepared and filed in conformance with §§ 8700 - 8805 of the State of California B and Professions Code showing all SDRS M-10 monuments set. The record of survey shall s location and justification of location of all permanent monuments set and their relation to th right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and i before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements. Stakes shall be set at offsets approved by the Engineer a1 intervals as measured along the project stationing unless a lesser interval is specified Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch PO street crown lines where no median exists. Large slopes shall have line point set tc construction of the slope. Rough sub-grade stakes for roadway section shall be set at pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing sub aggregate base for the roadway section. The stakes shall be set at edge of pavement an curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at intervals at edge of pavement and top of curbs and crown line where no median Intermediate stakes between edge of pavement and top of curb shall be set at 15-foot ink the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be ai intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intel stakes between edge of pavement and top of curb shall be set at 15-foot intervals. Sto staking shall be done at 25-foot intervals. Catch basins shall be staked at centerline and E of the local depression. Curbs/curbs and gutter shall be staked at 25-foot intervals, centt driveways, and 1/4, 1/2, 3/4 delta on returns. Fills to finish grade at 25-foot intervals by th pass width shall be painted on the pavement prior to placing each lift of asphalt on thickness pavement overlays requiring leveling courses. Intersections showing specific asphalt grids shall be painted per the grid. Stakes shall be set to show the location and future curbs adjacent to traffic signal locations where the curb is not being built as a pa contract. Surveyor shall mark the removal limits and limits of work line shown on the pla markings shall consist of continuous painted lines on asphalt and concrete surfaces and rec or painted laths spaced on centers no more than twenty-five feet on unimproved are: markings shall be completed by Surveyor and inspected and approved by the Engineer bt start of construction in the area marked. Centerline monuments shall be laid out, tl stamped, and a Record of Survey satisfactory to the Engineer filed with the County in acc with the Professional Land Surveyors Act. Water and sewer line stakes shall be set a 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 connectioi 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 25 foot intervals prior to the start of i activities within the limits of the work. I 1 I I R I I I I I I I I B theref’,.. 1 1. lo I Add the following section: 2-9.3.3 Payment for Survey. Payment for work performed to satisfy the require Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the sur and no additional payment will be made. Extension of unit prices for extra work shall in compensation for attendant survey work and no additional payment will be made therefor. for the replacement of disturbed monuments and the filing of corner records shall be inc the work necessitating the disturbance of said monuments and no additional payment will 1 4- %# 2/26/97 Contract No. 3527-0 Page 57 of I I 8 I I I I 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records. The Contractor shall provide copies of all record: Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may reqi Add the following section: 2-10.2 Audit And Inspection. Contractor agrees to maintain and/or make available Engineer, within San Diego County, accurate books and accounting records relative t activities. The Engineer shall have the right to monitor, assess, and evaluate Con performance pursuant to this Agreement, said monitoring, assessments, and evaluations to but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in of Contractor’s staff. At any time during normal business hours and as often as the Engin deem necessary, upon reasonable advance notice, Contractor shall make available to the E for examination, all of its records with respect to all matters covered by this Contract and w the Engineer to audit, examine, copy and make excerpts or transcripts from such data and and to make audits of all invoices, materials, payrolls, records of personnel, and other data to all matters covered by this Contract. However, any such activities shall be carried manner so as to not unreasonably interfere with Contractor’s ongoing business op~ Contractor shall maintain such data and records for as long as may be required by applica and regulations. I. SECTION 3 -- CHANGES IN WORK I 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices. add the following: In the case of an increase or decre minor Bid Item, the use of this basis for the adjustment of payment will be limited to that c the change, which together will all previous changes to that item is not in excess of 25 percc total cost of such item based on the original quantity and Contract Unit Price. Adjust1 excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3 Work. 3-3.2.2 ( c ) Tool and Equipment Rental. Rega ownership, the rates and right-of-way delay factors to be used in determining rental and de shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CAl current at the time of the actual use of the tool or equipment. The right-of-way delay factor shall be used as multipliers of the rental rates for determining the value of costs for deli Contractor and subcontractors, if any, The labor rates published therein are not a pal contract. 3-3.2.3 Markup. Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the and replace with the following: (a) Work by Contractor. The following percentages shall I to the Contractor‘s costs and shall constitute the markup for all overhead and profits: 1. I I 1 I I I second paragraph, modify as follows: Labor ................................... 20 Materials 15 1) Equipment Rental 15 2) 3) 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be i ............................. ................... 1 compensation for bonding. em 1. I p,# 2/26/97 Contract No. 3527-0 Page 58 of I I I I I I (b) Work by Subcontractor. When all or any part of the extra work is performec Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. add the following after the second sentence: Payr extra work will not be made until such time that the Contractor submits completed daily repc all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pa five (5), and add the following: The Contractor shall not be entitled to the payment of any ac compensation for any act, or failure to act, by the Engineer, including failure or refusal to change order, or for the happening of any event, thing, occurrence, or other cause, unless have first given the Engineer due written notice of potential claim as hereinafter spc Compliance with this section shall not be required as a prerequisite to notice provisions in Sc 7.3 Contract Time Accounting, nor to any claim that is based on differences in measure errors of computation as to contract quantities. The written notice of potential claim for ( conditions shall be submitted by the Contractor to the Engineer upon their discovery and pric time that the Contractor performs the work giving rise to the potential claim. The Contractor to give written notice of potential claim for changed conditions to the agency upon their d and before they are disturbed shall constitute a waiver of all claims in connection therewith. 'The Contractor shall provide the City with a written document containing a descriptio particular circumstances giving rise to the potential claim, the reasons for which the G believes additional compensation may be due and nature of any and all costs involved \ working days of the date of service of the written notice of potential claim for changed cot The potential claim shall include the following certification relative to the California False CI Government Code Sections 12650-1 2655. "The undersigned certifies that the above statements are made in full cognizance of the 1 False Claims Act, Government Code sections 12650-1 2655. The undersigned further unc and agrees that this potential claim, unless resolved, must be restated as a claim in respor City's proposed final estimate in order for it to be further considered." The Contractor's estimate of costs may be updated when actual costs are known. The ( shall submit substantiation of its actual costs to the Engineer within 20 working days affected work is completed. Failure to do so shall be sufficient cause for denial of l 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 b the contract be brought to the attention of the Engineer at the earliest possible time in 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 writte potential claim prior to commencing any disputed work. Failure to give said notice shall c waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding w resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the c. ' ' 4. Verbal notifications are disallowed. I 8 8 I I 1 e I a e- I t? 2/26/97 Contract No. 3527-0 Page 59 a I shall attempt to resolve all disputes informally through the following dispute resolution c command: 1. Project Inspector 1 2. Senior Inspector 3. Principal Inspector I 4. City Engineer 5. City Manager 1 The Contractor shall submit a complete report within 20 working days after completion disputed work stating its position on the claim, the contractual basis for the claim, along documentation supporting the costs and all other evidentiary materials. At each level of I I appeal of claim the City will, within 10 working days of receipt of said claim or appeal c review the Contractor's report and respond with a position, request additional information or that the Contractor meet and present its report. When additional information or a me 1 requested the City will provide its position within 10 working days of receipt of said ac information or Contractor's presentation of its report. The Contractor may appeal eact position up to the City Manager after which he may proceed under the provisions of thc I Contract Code. The authority within the dispute resolution chain of command is limited to recomme resolution to a claim to the City Manager. Actual approval of the claim is subject to the chan! B provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance \ I procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (comrnenc Section 20104) which is set forth below: 1 I I 1 I 1 1 I 1. ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104 (a)(l) This article applies to all public works claims of three hundred seventy-five t dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contract public agency when the public agency has elected to resolve any disputes pursuant to A (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Codc that "public work" does not include any work or improvement contracted for by the stal Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) pa money or damages arising from work done by, or on behalf of, the contractor pursuai contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or spec 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. 201 04.2 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 t Claims must be filed on or before the date of final payment. Nothing in this subdivision is in extend the time limit or supersede notice requirements otherwise provided by contract for of claims. I 0 em a@ 2/26/97 Contract No. 3527-0 Page 60 of (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall res 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 re1 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 pursuar subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be subr the claimant within 15 days after receipt of the further documentation or within a period of greater than that taken by the claimant in producing the additional information, whichever is ! (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a1 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 c local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuai subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be subr the claimant within 30 days after receipt of the further documentation, or within a period of greater than that taken by the claimant in producing the additional information or re documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to within the time prescribed, the claimant may so notify the local agency, in writing, either v days of receipt of the local agency's response or within 15 days of the local agency's f respond within the time prescribed, respectively, and demand an informal conference to n confer for settlement of the issues in dispute. Upon a demand, the local agency shall scl meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in disl claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C (commencing with Section 910) of Part 3 of Division 3.6 of Title I of the Government C purposes of those provisions, the running of the period of time within which a claim musl shall be tolled from the time the claimant submits his or her written claim pursuant to subdh until the time that claim is denied as a result of the meet and confer process, including any I time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor construed to change the time periods for filing tort claims or actions specified by Cl (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 01 3.6 of Title 1 of the Government Code. 20104.4 The following procedures are established for all civil actions filed to resolve claim! to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, shall submit the matter to nonbinding mediation unless waived by mutual stipulation of bott The mediation process shall provide for the selection within 15 days by both part disinterested third person as mediator, shall be commenced within 30 days of the subm shall be concluded within 15 days from the commencement of the mediation unles! requirement is extended upon a good cause showing to the court or by stipulation of both I the parties fail to select a mediator within the 15-day period, any party may petition the appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pu Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil PI notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 ( (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil pi I I 19 1 i E 1 I I 1 I. a 1. I @ 1 1 1 em p,s 2/26/97 Contract No. 3527-0 Page 61 of 1. 1 I II 1 1 I I 8 I shall apply to any proceeding brought under the subdivision consistent with the rules pertai judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ap’ for purposes of this article shall be experienced in construction law, and, upon stipulatior parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pal exceed their customary rate, and such fees and expenses shall be paid equally by the except in the case of arbitration where the arbitrator, for good cause, determines a different c 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 C Civil Procedure, any party who after receiving an arbitration award requests a trial de novo t: not obtain a more favorable judgment shall, in addition to payment of costs and fees uni 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 medi arbitration process. 20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is unl except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal any arbitration award or judgment. The interest shall begin to accrue on the date the suit is court of law. 0 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General. add the following: The Contractor shall provide the Engineer free i access to any and all parts of work at any time. Contractor shall furnish Engineer w information as may be necessary to keep the Engineer fully informed regarding progr manner of work and character of materials. Inspection or testing of the whole or any portic work or materials incorporated in the work shall not relieve Contractor from any obligatior 4-1.4 Test of Materials. add the following: Except as specified in these Special Provi Agency will bear the cost of testing materials and/or workmanship where the results of 5 meet or exceed the requirements indicated in the Standard Specifications and thc 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 appro\ before the delivery is started. All materials proposed for use may be inspected or tested i during their preparation and use. If, after incorporating such materials into the Work, it is sources of supply that have been approved do not furnish a uniform product, or if the prc any source proves unacceptable at any time, the Contractor shall furnish approved m? other approved sources. If any product proves unacceptable after improper storage, han any other reason it shall be rejected, not incorporated into the work and shall be remove project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or f requirements of the specifications shall be borne by the Agency. Said tests may be m place along the work as deemed necessary by the Engineer. The costs of any rei 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 responsif satisfactory performance of substituted items. If, in the sole opinion of the Eng B. 6 this Contract. 1 I 1 8 R t I 4- I p,# 2/26/97 Contract No. 3527-0 Page 62 1 I: I 1 1 I 8 substitution is determined to be unsatisfactory in performance, durability, compatibilit associated items, availability of repair parts and suitability of application the Contract0 remove the substituted item and replace it with the originally specified item at no cost io Agency* SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a of known records, endeavored to locate and indicate on the Plans, all utilities which exist wi limits of the work. However, the accuracy and/or completeness of the nature, size and/or loc utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor cai the failure of other parties to relocate utilities that interfere with the construction, the Cor upon request to the Engineer, may be permitted to temporarily omit the portion of work affe the utility. Such omission shall be for the Contractor’s convenience and no additional compc will be allowed therefor. The portion thus omitted shall be constructed by the Co immediately following the relocation of the utility involved unless otherwise directed by the Er SECTION 6 -- PROSECUTION, PROGRESS AND E ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsecl and substitute the following: The Contractor shall begin work within fifteen (15) calend; after receipt of the “Notice to Proceed”. 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engi set the time and location for the Preconstruction Meeting. Attendance of the Con management personnel responsible for the management, administration, and executior project is mandatory for the meeting to be convened. Failure of the Contractor to P Contractor’s responsible project personnel attend the Preconstruction Meeting will be gro default by Contractor per section 6-4. No separate payment will be made for the Cor attendance at the meeting. The notice to proceed will only be issued on or after the comp the preconstruction meeting. Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s pre revision and maintenance of the Construction Schedule are incidental to the work and no payment will be made therefor. Add the following section: 6.2.1 Phasing of the Work. ’ concrete removals and replacements prior to placing the A.C. overlay, unless otherwise dii the Engineer. I Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of week1 Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Th Representative shall be the individual determined under section 7-6, “The Co Representative”, SSPWC. No separate payment for these meetings will be made. 1. Add the following section: I t I I On streets with concrete repairs, contractor shall 0 1 I I 4- ts 2/26/97 Contract No. 3527-0 Page 63 of 0 I i II 1 I I 1 1 6-6 DELAYS AND EXTENSIONS OF TIME. 0 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 OK the cause of the delay and a cogent explanation of why the Contractor could not avoid the f reasonable means. Should the Contractor fail to provide the notice@) required by this sec Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefo 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec work to completion within thirty (30) working days after the starting date specified in the N Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the E the hours of work shall be between the hours of 7:OO a.m. and 5:OO p.m. on Mondays Fridays, excluding Agency holidays. The Contractor shall obtain the written approva Engineer if the Contractor desires to work outside said hours or at any time during weekend holidays. This written permission must be obtained at least 48 hours prior to such wc Engineer may approve work outside the hours and/or days stated herein when, in his/ opinion, such work conducted by the Contractor is beneficial to the best interests of the Age1 Contractor shall pay the inspection costs of such work. No work involving overlaying shall be performed by the contractor between 7:OO a.m. and $ on El Camino Real. The Contractor shall incorporate the dates, areas and types of work p in this section in the Construction Schedule required by section 6.1. No additional I adjustment of bid prices or adjustment of contract time of completion will be allowe consequence of the prohibition of work being performed within the dates, areas and/or type prohibited in this section. Contractor is hereby advised that the Engineer may require after hours and weekend wo interim basis to accomplish pavement overlay work for (a) any major arterial, includinc limited to El Camino Real, and (b) other ancillary areas as required to accommodate c traffic. 6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted (1) year after recordation of a "Notice of Completion" and any faulty work or materials dis during the warranty period shall be repaired or replaced by the Contractor, at its expense. five percent of the faithful performance bond shall be retained as a warranty bond for the ( warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first of the second paragraph and add the following: For each consecutive calendar day in t the time specified for completion of Work, as adjusted in accordance with 6-6, the Contra pay the Agency, or have withheld monies due it, the sum of one thousand ($1 000.00) dollai '@ ' I: E I I 1 I B 4- I. r,s 2/26/97 Contract No. 3527-0 Page 64 of I 1 D 1 1 1 1 1 1. 1 I I I 1 B I Execution of the Contract shall constitute agreement by the Agency and Contractor tl thousand ($1,000.00) dollars per day is the minimum value of costs and actual damages ca the Contractor to complete the Work within the allotted time. Any progress payments made t specified completion date shall not constitute a waiver of this paragraph or of any damages. 0 SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insur have a rating in Best's Key Rating Guide of at least A-:V and are admitted and autho conduct business in the state of California and are listed in the official publication of the Der of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance placed with insurers that are admitted and authorized to conduct business in the state of C and are listed in the official publication of the Department of Insurance of the State of Ca Policies issued by the State Compensation Fund meet the requirement for workers' compf insurance . 7-5 PERMITS. Except as specified herein the agi obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building necessary to perform work for this contract on Agency property, in streets, highways (excc highway right-of-way), railways or other rights-of-way. Contractor shall not begin work permits incidental to the work are obtained. The Contractor shall obtain and pay for all pe the disposal of all materials removed from the project. The cost of said permit(s) shall be in the price bid for the appropriate bid item and no additional compensation will be allowed tl Modify the first sentence to read: I 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility co during the relocation or construction of their lines. The Contractor may be granted a time E if, in the opinion of the Engineer, a delay is caused by the utility company. No 2 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 requirc 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 control throughout the duration of the Contract. The Engineer may require increased cleanup and dust control that, in hislher sole discretion, are necessary to preserve the heal 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 cc 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 andlor fees therefor. considered incidental to the items of work that they are associated with and no additional will be made therefor. t Said costs I) 4- %# 2/26/97 Contract No. 3527-0 Page 65 of I I 1 1 1 I 1 D Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be e with mufflers in good repair when in use on the project with special attention to the Cit Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 0 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls sh, accordance with the plans, Chapter 5 of the California Department of Transportation "Mi Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic system is displaced, or ceases to operate or function as specified, from any cause, du progress of the work, the Contractor shall immediately repair said component to its original c or replace said component and shall restore the component to its original location. In the ec the Contractor fails to install and/or maintain barricades or such other traffic signs, m delineation or devices as may be required herein, the Engineer may, at hidher sole optioi the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars I per day per traffic sign or device, or the actual cost of providing such traffic control Add the following section: 7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices ins placed to provide traffic control, direction and/or warning shall be furnished, installed, mz and removed by the Contractor when no longer required. Care shall be used in pe excavation for signs in order to protect underground facilities. Warning and advisory si1 remain in place overnight shall be stationary mounted signs. Stationary signs that warn existant conditions shall be removed from the travelled way or shielded from the viev travelling public during such periods that their message does not pertain to existing conditi excavation required to install stationary construction area signs shall be performed t methods without the use of power equipment. Warning and advisory signs that are used on1 working hours may be portable signs. Portable signs shall be removed from the travelled i shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehic portable signs shall be illuminated or, at the option of the Contractor, shall be in conforma the provisions in Section 12-3.06B, "Portable Signs", of the CALTRANS Standard Specifica Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized she aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retror sheeting signs; or equal. Stationary mounted signs used for traffic control during construction of the Work shall be ins on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same r shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadsic except as follows: (a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at le 2.1 m. (c) Construction area sign posts may be installed on above ground temporary platform sigr supports as approved by the Engineer, or the signs may be installed on existing lighting star or other supports as approved by the Engineer. (d) When construction area signs are installed on existing lighting standards, holes shall nc made in the standards to support the sign. 1 whichever is the greater. '0 I 1 I 1 1 1 1 1 ew p,s 2/26/97 Contract No. 3527-0 Page 66 of I. (e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 5( 2500 concrete. (f) When break-away sign posts (SDRS M-45) are used one post shall be provided for eac square meters of sign area. For wood posts post size and number of posts shall be as shown on CALTRANS Standard F 2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section “Reflective Sheeting Aluminum Signs”, and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axi: diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless o specified. (b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminun Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality. Each portable sign shall consist of a base, standard or framework and a sign panel. The u be capable of being delivered to the site of use and placed in immediate operation. Sign p portable signs shall conform to the requirements of sign panels for stationary mounted sign 7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton dl flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used dl hours of darkness. Size, color, and legend requirements for portable signs shall be as desc stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Sign height to the bottom of the sign panel above the edge of traveled way shall be at least 0. parts of the sign standard or framework shall be finished with 2 applications of an orange which will match the color of the sign panel background. Testing of paint will not be req portable signs are displaced or overturned, from any cause, during the progress of the v Contractor shall immediately replace the signs in their original locations. Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-1~ SSPWC “Public Coni and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contra1 its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than I delineators are used during the hours of darkness, they shall be affixed or covered with I cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves seven (7) inches long. The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment w (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be n from the closest approach of any part of the equipment as it is operated and/or mane1 performing the work. This requirement may be waived when the Engineer has givei authorization to the reduction in clearance that is specific to the time, duration and locatior waiver or for the work of installing, maintaining and removing traffic control devices. As a of such waiver the Engineer may require the Contractor to detour traffic, adjust the wic realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. Personal vehicles of the Contractor’s employees shall not be parked within the trave including any section closed to public traffic. Whenever vehicles or equipment are parke shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresu cones or portable delineators placed on a taper in advance of the parked vehicles or equip1 along the edge of the pavement at 25-foot intervals to a point not less than 25 feet pas vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mo B 1 1 i 1 1 I B 1 1 1 il 1 I I I io 1. 1 0 4- p,s 2/26/97 Contract No. 3527-0 Page 67 of R throughout the duration of work. During the entire construction, a minimum of two pavec lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direc 1 I. travel. Contractor shall maintain two lanes open in both directions at all times on El Camino Real. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsi provide such additional devices or take such measures as may be necessary to maintair safety. When lanes are closed for only the duration of work periods, all components of the traffic system, except portable delineators placed along open trenches or excavation adjacen traveled way, shall be removed from the traveled way and shoulder at the end work perioc Contractor so elects, said components may be stored at selected central locations, approve1 Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traf operations, traffic shall be controlled with lane closures, as provided for under “Traffic System for Lane Closure” of these Special Provisions or by use of an alternative traffic cor proposed by the Contractor and approved by the Engineer. The Contractor shall not st: striping operations using an alternative plan until he has submitted its plan to the Engineer received the Engineer’s written approval of said plan. Add the following section: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation furnished, placed, maintained and removed in accordance with the minimum standards sp Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever causes obliteration of pavement delineation, temporary or permanent pavement delineatior in place prior to opening the traveled way to public traffic. Lane line or centerline F delineation shall be provided at all times for traveled ways open to public traffic. All work nc including any required lines or marks, to establish the alignment of temporary pavement dl- shall be performed by the Contractor. When temporary pavement delineation is removec and marks used to establish the alignment of the temporary pavement delineation shall be by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose Temporary pavement delineation shall not be applied over existing pavement delineatior temporary pavement delineation. Temporary pavement delineation shall be maintai superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Eng temporary pavement delineation conflicts with the permanent pavement delineation or \n traffic pattern for the area and is no longer required for the direction of public traffi temporary pavement delineation is required to be removed, all lines and marks used to the alignment of the temporary pavement delineation shall be removed. 1 1 I 1 I II. 1 1 I f 1 I I 1 e= io I ps 2/26/97 Contract No. 3527-0 Page 68 o 1 8 1 I 1 8 I 1 1 R I Q I I R 1 Add the following section: 7-10.3.6 Traffic Control Plan Sheets. The Contractor shall submit Traffic Control Plans for the Engineer's review for all construction activities. The Contractor must obtain the Eng approval of the TCP prior to implementing them. The Engineer may choose to modify, ad( supplement the TCP. The level of detail, format, and graphics shall be of reasonable qualio size no less than a scale of 1" = 100'. All expenses and time to prepare and review modific additions, supplements and/or new designs shall be included in the lump sum bid for traffic or, in the absence of a traffic control bid item, borne by the Contractor and no additional p# will be made therefor. Such modifications, supplements and/or new design shall mf requirements of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by th of California Department of Transportation and of the Engineer. Such design shall be preparl professional engineer appropriately registered in the State of California. The Engineer shal sole judge of the suitability and quality of any modifications, supplements, and/or new desig Engineer may approve any modifications, supplements, and/or new designs to the traffic plans when, in hislher sole opinion, such modifications, supplements, and/or new design: traffic control plans prepared by the registered engineer retained by the Contractor will be bt to the best interests of the Agency. Such modifications, additions, supplements, and) designs shall not be implemented and no work shall be commenced that is contingent f approval until the changed traffic control plans are approved by the Engineer. The prepa modifications, additions, supplements, and/or new designs shall not presuppose their apF obligate the Agency in any fashion. Submittal and review requirements for such modif supplements, and/or new designs shall conform to the requirements of section 2-5.3 Shop C and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum I The contract lump sum price paid for "traffic control" shall include full compensation for furn labor (including flagging costs), materials (including signs), tools, equipment and 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 tl control system as shown on the plans and approved additions and modifications, as sp these special provisions, and as directed by the Engineer. Flagging costs will be paid for of the Lump Sum Amount for "Traffic Control." When included as a bid item the cost of I material for portable concrete barriers will be paid for at the price bid. When there is no bic cost of labor and material for portable concrete barriers they will be paid as an incidental to being performed and no additional payment will be made therefor. Progress payment fc Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all r precautions for the safety of employees on the work and shall comply with all applicable I of Federal, State and Municipal safety laws and building codes to prevent accidents 01 persons on, about, or adjacent to the premises where the work is being performed. The ( shall erect and properly maintain at all times, as required by the conditions and progrc work, all necessary safeguards for the protection of workers and public, and shall us@ dai warning against hazards created by such features of construction as protruding nails, h holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affecl include Chapter 11.06. Excavation and Grading. If this notice specifies locations o 0 t 8 e e- p.$ 2/26/97 Contract No. 3527-0 Page 69 o I. R 8 I I 1 I I 1 i 1 1 1 1 8 1 1 materials, such as borrow pits or gravel beds, for use in the proposed construction projec would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the co established pursuant to Section 1601 et seq. of the Fish and Game Code shall become co 0 of the contract. SECTION 9 - MEASUREMENT & PAYMENT 9-3 PAYMENT. 9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each mor Engineer will make an approximate measurement of the work performed to the closure c basis for making monthly progress payments. The estimated value will be based on contri prices, completed change order work and as provided for in Section 9-2 of the St Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calend; after the closure date. Five (5) working days following the closure date, the Engine€ complete the detailed progress pay estimate and submit it to the Contractor for his inforn Should the Contractor assert that additional payment is due, the Contractor shall within tc days of receipt of the progress estimate, submit a supplemental payment request to the E with adequate justification supporting the amount of supplemental payment request. Upon of the supplemental payment request, the Engineer shall, as soon as practicable after determine whether the supplemental payment request is a proper payment request. Engineer determines that the supplemental payment request is not proper, then the reque be returned to the Contractor as soon as practicable, but not later than seven (7) days after The returned request shall be accompanied by a document setting forth in writing the reasc the supplemental payment request was not proper. In conformance with Public Contra( Section 20104.50, the City shall make payments within thirty (30) days after receip undisputed and properly submitted supplemental payment request from the Contractor. If F of the undisputed supplemental payment request is not made within thirty (30) days after re the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate : in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. 9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agen retain 10 percent of such estimated value of the work done and 10 percent of the value of IT so estimated to have been furnished and delivered and unused or furnished and st( aforesaid as part security for the fulfillment of the contract by the Contractor, except tha, time after 20 percent of the work has been completed, if the Engineer finds that sati progress is being made, the Agency may reduce the total amount being retained from F pursuant to the above requirements to 5 percent of the total estimated value of said w materials and may also reduce the amount retained from any of the remaining partial payr 5 percent of the estimated value of such work and materials. In addition, on any partial 1 made after 95 percent of the work has been completed, the Agency may reduce the withheld from payment pursuant to the requirements of this Section to such lesser amounl Engineer determines is adequate security for the fulfillment of the balance of the work a requirements of the contract, but in no event will said amount be reduced to less than 125 of the estimated value of the work yet to be completed as determined by the Engineel reduction will only be made upon the written request of the Contractor and shall be app writing by the surety on the Performance Bond and by the surety on the Payment Bor approval of the surety shall be submitted to the Engineer; the signature of the person exec1 approval for the surety shall be properly acknowledged and the power of attorney authori to give such consent must either accompany the document or be on file with the Agency. 9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspe Engineer will make a Final Payment Estimate and process a corresponding payment. This 1 1 I 0 4w r,# 2/26/97 Contract No. 3527-0 Page 70 of I I 1 II 1 I 1 I II I I 1 I 1 will be in writing and shall be for the total amount owed the Contractor as determined Engineer and shall be itemized by the contract bid item and change order item with quantiti payment amounts and shall show all deductions made or to be made for prior paymer amounts to be deducted under provisions of the contract. All prior estimates and progress pa shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate ti written statement disputing any bid item or change order item quantity or payment amour Contractor shall provide all documentation at the time of submitting the statement suppo position. Should the Contractor fail to submit the statement and supporting documentatioi the time specified, the Contractor acknowledges that full and final payment has been madl 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 approve1 Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor' and it will be the responsibility of the Contractor to furnish within a reasonable time SUC' information and details as may be required by the Engineer to determine the facts or cor involved in its claims. Failure to submit such information and details will be sufficient c denying the claims. 9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittc Agency within 30 calendar days of receipt of Final Payment for all claims for the entire pro claim will be considered that was not included in this written statement, nor will any claim bc for which written notice or protest is required under any provision of this contract including 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6. Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comr notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asci basis and amount of said claims. The Engineer will consider and determine the Contractoi and it will be the responsibility of the Contractor to furnish within a reasonable time sur information and details as may be required by the Engineer to determine the facts or cc involved in its claims. Failure to submit such information and details will be sufficient denying the claims. Payment for claims shall be processed within 30 calendar days of receipt of the written sta further information, whichever is longer, for those claims approved by the Engineer. The ( shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for thc 0 1 1. 1 remaining in dispute. w= I. 1 p,s 2/26/97 Contract No. 3527-0 Page 71 o Type of Construction Concrete Class All Concrete Used Within the Right-of-way (1) 560-(2-3250 (2) Street Light Foundations and Survey 560-C-3250 Traffic Signal Foundations 590-C-3750 1. Trench Backfill Slurry 190-C-250 I Monuments Concreted-Rock Erosion Protection 520-C-25OOP Maximun Slump (Inct (3) 5 4 4 per Table 300-1 Property Dry Weight Nitrogen Dry Weight Passing 1” Sieve Dry Weight Passing #4 Sieve Dry Weight Passing #16 Sieve Dry Weight Passing #30 Sieve Dry Weight Passing #50 Sieve 1 ’ 0 Minimum Maximum (1) (1) 100% 100% 95% 100% 45% 65% 30% 40% 0% 10% Dry Weight Passing #IO0 Sieve Salinity Iron ( Dilute acid soluble on dry weight basis) Ash (dry weight basis) PH I Wettability I. 0% 2% (1 1 (1 1 0.08% 0% 6.0% 6.0 7.0 --- (1) (1) I I I I I I I 1 1 1 1 I 1 I i cost of such plant changes do not exceed the cost of plants in the original bid, and with the prc that the Contractor shall be notified in writing, at least 60 days before the planting operatic 212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 2-inch-diameter turned lod pine, pointed on their driven end. Tree ties shall be Wonder Tree, Lawson Landscape Prod1 approved equal. I Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 19.5 inches in width. Root t shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickc 971 38, Phone 615-847-7000, no substitutes will be accepted. Contractor shall submit Engineer a sample of root barrier with manufacturers specifications 14 days before any pia commenced. t for approval. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the fc Except as provided in this section, all buried piping in the irrigation system shall be instal underground utility marking tape conforming to the requirements of section 207-21 and identify reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller Vi will not be subject to constant pressure) will not require underground utility marking tape. All F used for irrigation systems shall be colored purple by the addition of a dye integral to thl Painted pipe will not be accepted. Pressure mainline piping for sizes 2" and larger shall having a pressure rating of 315 PSI, S.D.R. 13.5. Stenciled pipe is required for all irrigatior piping including portions not required to be marked with underground utility marking tape. All F have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water" in 5/ repeated every 12 inches. PVC non-pressure buried lateral line piping shall be PVC Schedule Add the following section: 212-2.1.7 Brass pipe shall be IPS standard weight 12! 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe confc the requirements of ASTM 643-91. Brass pipe fittings and connections shall be : 125-pound class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BV" "PBt respectively. Remote control valves shall be marked with station numbers emboss€ valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes suc boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stem reinforced seats, and reinforced TFE stem packing seals. Valves sizes % inch to 2 inche: pressure rated at 600 PSI WOG and 150-PSI saturated steam. Each valve shall be tested, water, in the opened and closed position by the manufacturer. Ball valve must conform 1 Specification WW-V-356, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve Pressure regulator valve shall be bronze body v fitting. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have fact check valves or a check valve under each head. Drip assemblies shall meet the I %# 2/26/97 Contract No. 3527-0 Page 75 01 10 Brass Pipe and Fittings. I em requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approve as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBI Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approve( Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. 1 pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter : Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6) Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virg construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and ne Antidrain valves shall be field adjustable against drain out from 5 to 40 feet of head. All I heads that are without valves in the heads are to have an antidrain valve feature and shall I excess flow feature, which will automatically stop the flow of water when it exceeds the GPA by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engii I I I I I I 1 I I. 1 I 1 I I I I I 0 Two control valve keys. Two wrenches for removing each different type of sprinkler head. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer a coupling valve. Five keys for opening and locking each automatic controller and enclosure. 1 *w aS 2/26/97 Contract No. 3527-0 Page 76 of 1. I 1 I 1 I 1 I 1 I. I I I I 1 I I SUPPLEMENTAL PROVISIONS TO PART 3, CONSTRUCTION METHODS STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT SECTION 300 - EARTHWORK 1. 300-1 CLEARING AND GRUBBING. 300-1 .I General. add the following: During surface clearing operations, the Contractor ! cover or bury any plant growth or other objectionable materials. If the Contractor successfully separate the plant growth from the surface soil and advertently or inadvertent plant growth or other objectionable materials with the surface soil, the Contractor shall rerr contaminated soil from the site at its cost. All costs, if any, associated with removing the sc with plant growth or other objectionable materials and importing soil to replace said conta soil shall be borne by the Contractor and no additional payment therefor shall be mad1 Contractor. 300-1 .I General. add the following to the fourth paragraph: Concrete structures, traff facilities, utility poles, tree stumps and all other objects protruding above original ground si exposed during surface clearing and grubbing operations shall be removed in their regardless of depth. The cost of excavating and disposing of these buried objects shall be in the lump sum price bid for clearing and grubbing. Also included in clearing and grubbing removal and disposal of existing P.C.C. ditch, reinforced concrete, curtain wall, street lighi signals and associated facilities, guardrail and barricades, fences, existing gates, existi pipes, traffic signs, and other existing features which interfere with the work, whether or I items are called out on the plans or in the specifications for removal. 300-1.3 Removal and Disposal of Materials. Delete subsection 300-1.3.1 and replace with the following: 300-1.3.1 General. Also included in clearing and grubbing shall be removal and disi existing street poles and lights, fences, asphalt concrete and aggregate base, concrete c gutter, concrete sidewalk, existing gate, existing abandoned underground pipes and c traffic signs, and other existing features which interfere with the roadwork, whether or n items are called out on the plans or in the specifications for removal. Tree removal shall removing the tree stump and roots greater than 0.1' in diameter to a depth of 21" below g curb. All concrete and bituminous materials removed shall be disposed of at a legally p' landfill or recycling site. Delete subsection 300-1.3.2(a) and replace with the following: 300-1.3.2(a) Bituminous Pavement. sawcut lines. Unless otherwise shown on the plans, A.C. shall be sawcut 2' from the lip ( and removed where curb and gutter or cross gutter is designated to be removed and replac Delete subsection 300-1.3.2(c) and replace with the following: 300-1.3.2(c) Concrete Curb, Walk, Gutters. Cross-Gutters. Drivewavs, anc intersections. Concrete curb, curb and gutter, and sidewalk shall be removed beb limits shown on the plans which shall coincide with the nearest existing weakened plane score line. The joint shall be sawed if necessary before removing concrete to prevent da adjacent improvements. If the adjacent curb, curb and gutter or sidewalk is damaged dl removal process, it shall be removed to the nearest joint outside the damaged area and reF the Contractor's expense. Bituminous pavement shall be removed to I I 0 *= a# 2/26/97 Contract No. 3527-0 Page 77 of I I I 8 1 I I Delete subsection 300-1.4 and replace with the following: 300-1.4 Pavment. Payment for sawcutting curb, curb and gutter, sidewalk, and A.C. p removing and disposing of same shall be included in the contract unit price bid for A.C. ren Payment for traffic control necessary for sawcutting and removals shall be included in the cc lump sum price bid for traffic control. 0 3 00-2 U N C LASS1 F I E D EXCAVATI 0 N 300-2.9 Unclassified Excavation. Modify as follows: “Unclassified Excavation” s paid for as part of the work appurtenant to the excavation and no additional payment will bt therefore. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section : “Compaction”, areas proposed for improvements all fill (including backfill and scarified surfaces) shall be compacted to no less than 90 percent of maximum dry density as deterr accordance with ASTM Test Procedure Dl 557-91. 300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisture no less than one (1) percent below optimum moisture per ASTM test 0-1557. 300-4.7 Compaction. add the following: Fill soils placed within the top 1 foot of r subgrade shall be compacted to a minimum of 95 percent relative compaction. On all i receive planting, the top 6” shall be compacted to 85% to allow for plant growth. 300-4.9 Measurement and Payment. delete and substitute the following: Unclass grading, shaping, compacting or consolidating, slope rounding, construction of transitions work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a pa work appurtenant to the fill, and no additional payment will be made therefor. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GRADIh GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. Erosion control and water pollution control shall conform to the requi shown on the plans, specified herein, and as elsewhere required by the Contract Doc1 Erosion control and water pollution control shall include the work specified herein, a additional measures, as may be directed by the Engineer, to meet Best Management Prac defined herein, and to properly control erosion and storm water damage of the limits of v construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas within the limits of VI erosion. Said protection shall include areas that have been graded and/or cleared and gri well as areas that have not been graded and/or cleared and grubbed. The Contractor sha temporary earth berms, gravel bags, silt fence, stabilized construction entrance ani measures, coordinated with its construction procedures, as necessary and as shown on thc control on site and off site erosion during the construction period. The Contractor will be re protect areas which have been cleared and grubbed prior to excavation or embankment OF and which are subject to runoff during the duration of the contract. The criteria used to c the appropriate erosion control measures shall be the “Best Management Practices”, ht BMP, defined and described in the, “California Storm Water Best Management H I \# 2/26/97 Contract No. 3527-0 Page 78 of I ’ u 0 I 1 I 1 1 I I 1 0 em 1 I I I 1 I 1 I 1 Construction Activity", March 1993 edition as published by the Storm Water Quality Task F The Contractor shall maintain a copy of the "California Storm Water Best Management Han Construction Activity", March 1993 edition on the project site and shall conduct its operati conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be lirn the following: a) Embankment areas, while being brought up to grade and during periods of completion 1 final roadbed construction, shall be graded so as to direct runoff into impoundment area5 the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the silt, downstream facilities and adjacent areas. These measures shall include, but shall not be to: temporary down drains, either in the form of pipes or paved ditches with protected berms; graded berms around areas to eliminate erosion of embankment slopes by surface confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the r siltation of downstream facilities and adjacent areas by the use of BMP measures I measures shall include, but shall not be limited to, methods shown on the plans and de herein Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution conforming to the operational requirements herein, of the BMP and conforming to the requii of the Federal Water Pollution Control Act, including the latest amendments thereto, which part of the planned permanent work or included as a separate bid item shall be consid included in the contract price bid for curb and gutter and no additional compensation will be 1. therefor. i SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301 -1.2 Preparation of Subgrade. add the following: The Contractor shall scarify, condition and recompact the portion of subgrade 12 inches below the aggregate structural s the street as an integral part of the street section (structural section and typical section) T 12 inches of subgrade beneath paved areas shall be compacted to no less than 95 maximum dry density (ASTM-1557) 301 -1.7 Payment. add the following: Payment for subgrade preparation shall be includ contract bid price for unclassified excavation and shall include all labor, materials; includi operations and equipment to scarify, adjust moisture, compact or recompact the subgradi cut areas and in fill areas, and no further compensation will be allowed. 1 I 1 1 SECTION 302- ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. ! 1 To subsection 302-5.2.1 add the following: Abutting the gutter, A.C. shall be cold milled to a depth that is 0.10' lower than the lip of gu milling on El Camino Real shall be to a depth of 0.15' below the lip of the gutter. The C 1 shall remove all annular sections of asphalt concrete that typically remains after milling to I r,s 2/26/97 Contract No. 3527-0 Page 79 of 0 e* 1 1 I a clean angle between the face of gutter and milled surface. Additional milling will be requi transition areas from curb and gutter to curb only. Cold milling shall not begin until concrete w completed and has cured for seven (7) days. To subsection 302-5.2.4 add the following: All loops which have been removed or broken during cold milling operations shall be rep before the A.C. overlay is constructed. To subsection 302-5.2.6 add the following: Payment for cold milling shall be per lineal foot and no adjustment in price will be made for v A.C. thickness. No payment will be made for cold milling A.C. pavement adjacent to CUI gutter that has been replaced under this contract. 302-5.5 Distribution and Spreading. modify as follows After second sentence ( paragraph, add: The spreading and finishing machine used to construct the asphalt cf surface course shall be equipped with an automatic screed control for surface course pavi automatic screed control shall be 30 feet minimum length. The paving machine shall be oper an operator and two full-time screed men during all paving. A backup paving machine will b during all paving operations. A backup asphalt windrow pickup machine (ASPWP) will be req all times when a ASPWP is used. Additionally, a front end loader will be required during all , paving. Leveling courses will be required in a variable thickness pavement section. Add the following: Asphaltic concrete overlay shall only be applied when E pavement is clean and dry. Contractor shall remove any weeds or organic matter r application of new A.C. overlay. To subsection 302-5.5 add the following: The Contractor shall not be required to use a self propelled spreading machine when placii in the 2' slot adjacent to new curb or new curb and gutter. In these areas the A.C. shall be in maximum 0.25' loose lifts and compacted to the density specified in subsection 302-5. areas to be overlaid, the compacted A.C. shall be no higher than 0.10' below the lip of guttt Contractor shall grind, at its expense, A.C. not placed to the correct elevation. 302-5.6.1 General. modify as follows: Second paragraph, Part (2) add: Pinched joi procedures shall be required, and vibratory rollers shall be limited to breakdown, unless c directed by the Engineer. modify as follows: Unless directed otherwise by the Engin initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this Sec To subsection 302-5.8 delete the first paragraph and replace with the following: When placing the A.C. overlay the Contractor shall pave over all vaults, manholes, wate and monuments, unless otherwise noted herein. Each shall be located immediately after overlay is placed. Frames and covers shall be treated to prevent adhesion of the A.C. ovei 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete I the unit price bid per ton. No additional payment shall be made for any tack coat. ' I 1 1 I l I@ i 1 1 I 1 1 I I After last paragraph, add: SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATIO Add the following section: 308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barrier: installation of new curb and gutter, root barrier shall be installed adjacent to new curb a 1 p,# 2/26/97 Contract No. 3527-0 Page 80 of 0 4- 1 sidewalk, or access ramps where existing roots have caused uplifting. Root barrier shall be ir a minimum of five (5) feet beyond both sides of root causing uplift or as directed by the Enginc Furnish and Install Root Barrier shall include full compensation for the following: 1 1. 2. 3. 4. Pruning roots. 5. 6. Any required excavation or backfill. Disposal of removed roots, fill, or any other material. Compaction of material around barriers. Furnishing and installing root barrier. Rerouting existing sprinkler lines as required. 1. 1 I I 1 I i 1 1 I I D as well as furnishing all labor, tools, materials and equipment necessary for doing the work, I considered as included in the contract unit price bid and no additional compensation will be therefor. Roots shall be sealed prior to installation of root barrier with root sealer approvec Engineer. Roots shall be pruned to a depth of 21” below grade, under the supervision Engineer. SECTION 310 - PAINTING i 310-1 GENERAL. 31 0-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delete 31 0-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall co the Plans; the State of California Traffic Sign Specifications; the State of California Deparl Transportation Standard Specifications, January 1995, Sections 56, 82, 84, and 85; only in they relate to construction materials and methods and the State of California Depart Transportation Traffic Manual, all as supplemented and modified herein. All requirements o‘ of the SSPWC and these Special Provisions shall remain in full force and shall not be sur by the CALTRANS Standard Specifications. Add the following section: 310-5.6.5 Traffic Stripes and Pavement Markings. Traffic stripes and pavement mar indicated and required shall conform to the requirements specified in CALTRANS I Specifications Section 84 only insofar as they relate to construction materials and methi except: a) The Contractor shall lay out (cat track) immediately behind installation of surface courst and as the work progresses. The first coat of paint shall be done immediately upon ap striping layout by the Engineer. b) The Contractor shall provide all materials required for execution of the work. c) Delete all references to measurement and payment. d) Pavement striping and marking shall be applied in two coats, a minimum of seven dz and all streets shall include raised pavement markers; temporary striping shall be applic coat minimum. e) Existing pavement markings in conflict with the plans shall be removed by grindin Contractor. f) Contractor shall paint end of median noses yellow. 310-5.6.1 0 Payment. modify as follows: Final striping, curb markings, signage, pavement markings and traffic signs as indic required shall be included in the lump-sum price bid for final compensation will be allowed therefor. The lump sum prices bid and shall include all la equipment, materials, and incidentals for doing all Work in installing the traffic striping. 1. 1 striping, and no 0 II 1 ts 2/26/97 Contract No. 3527-0 Page 81 of *w I I I 310-5.8 Markers and Delineators. Markers and delineators shall conform to the materia installation requirements specified in CALTRANS Standard Specifications Section 82. Add the following section: 31 0-6 TEMPORARY TRAFFIC SIGNING, STRIPING, PAVEMENT MARKINGS AND PAVE MARKERS, AND TEMPORARY RAILING (TYPE K). I Add the following section: 1 0 31 0-6.1 General. Temporary pavement delineation consisting of temporary traffic ! temporary pavement markings, and temporary pavement markers shall be applied at the lo shown on the plans. The temporary traffic stripe, temporary pavement marking, and ten pavement markers shall be complete in place at the location shown, prior to opening the ti way to public traffic. Temporary traffic stripes shall be applied in one coat. Temporary traffic shall be maintained by the Contractor so that the stripes are clearly visible both day anc Reapplication of the stripes and markings shall be repainted at the Contractor's expense. Except as otherwise provided below, temporary pavement markers shown on the plans sha the option of the Contractor, either of the following removable type temporary reflective pavement markers or equal: TFPM, manufactured by DAPCO Davidson Plastics Company, 18726 East Valley Highwa! Washington 98032, Telephone (206) 251 -8140. Stimsonite Chip Sealflemporary Overlay Market (Models 300 and 301), manufactured by Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-5772 Temporary pavement markers shall be placed in accordance with the manufacturer's instr Temporary pavement markers shall be cemented to the surfacing with the adhesive recom by the manufacturer, except epoxy adhesive shall not be used to place temporary pi markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be rem grinding as determined by the Engineer. The Contractor may use reflective pavement markers for temporary pavement markers when the temporary pavement markers are used to replace patterns of temporary trafT Reflective pavement markers used in place of the removable-type pavement markers shall to the section entitled "Pavement Markers" of these special provisions, except the 14-da: period before placing the pavement markers on new asphalt concrete surfacing as spf Section 85-1.06, "Placement", of the CALTRANS Standard Specifications shall not apply; ai adhesive shall not be used to place pavement markers in areas where removal of the ma be required. Reflective pavement markers used for temporary pavement markers will be p; temporary pavement markers. Add the following section: 310-6.1.1 Measurement and Payment. Temporary traffic striping and markings show plans will be paid for as a part of the lump-sum cost for traffic control. The lump-sum contract price paid for traffic striping and markings shall include full compen furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work ir applying, maintaining, and removing temporary traffic stripes and pavement markings, co place, as shown on the plans, as specified in the Standard Specification and thes provisions, and as directed by the Engineer. Full compensation for furnishing, placing, maintaining, and removing the temporary reflect 1 p,s 2/26/97 Contract No. 3527-0 Page 82 of 1; I I 1 1. I I I II 1 I ' I a ern 1 1 1 I I 1 I I I 1. 1 I I 1 1 1 1 pavement markers, used for the temporary laneline and centerline delineation which is no1 on the plans, including the signing specified for "no passing" zones; and for providing eq patterns of the permanent traffic lines when required; shall be considered as included in th sum prices paid for that item of work.. Add the following section: 310-6.3 Signing. Signing for temporary traffic control shall conform to the following requirerr Add the following section: 31 0-6.3.1 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: 310-6.3.4 Payment. All costs for signing for temporary traffic control shall be included in th sum price bid for temporary traffic control, and no additional compensation will be allowed thc ew I. Page 83 of 1 %# 2/26/97 Contract No. 3527-0 I 1 1 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTI( PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES SECTION 600-1 REQUIREMENTS I. To subsection 600-1.1, add the following: The asphalt rubber A.C. to be used for this project shall meet the requirements of subsection To subsection 600-2.1 .I, add the following: The asphalt rubber to be used for this project shall be Type A or Type B. To subsection 600-2.2.1, first sentence, delete the following: AR 2000 or To subsection 600-2.5.3, first sentence, add the following: and subsection 600-2.2 To subsection 600-2.5.6, add the following: The proportions and mixing requirements for the asphalt and CRM shall be as specified in subsection 600-2.3. The equipment used to prepare, mix, store and transport the asphalt ru shall meet the requirements of subsection 600-2.4. I 2.6. I I I 1. I I I I 1 1 I I *- I. I ts 2126197 Contract No. 3527-0 Page 84 of