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Southland Paving Company; 1999-12-14; 3618
I ~ Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Notice is hereby given that: 1868 ) ) ) ) ) ) ) ) ) ) DOC# 2000-0415332 AUG 07~ 2000 10:13 AM ITTICIAL k!CORDS SAN DIEGO COlfffY k!CORDER Is OFFICE GkmlRY J. SMITH, aooY RfamR FEES: 0.00 Ill I II II II II 1111111111111111 2000-0415332 Space above this line for Recorder's Use NOTICE OF COMPLETION 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 June 15, 2000. 6. The name of the contractor, if any, for such work of improvement is Southland Paving, Inc. 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 Carlsbad Boulevard Parking at Ponto Beach Road Reconstruction, Project No. 3618. 8. The address of said property is within the limits of the City of Carlsbad. LLO B. HUBBS, P. . Pub rc Works Director/City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on July 25 , 2000, 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 _J_u_l.._y_2_B ____ , 2000, at Carlsbad, California. OF CARLSBAD ,-,, CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR -PARKING- CARLSBAD BOULEVARD AT PONTO BEACH CONTRACT NO. 3618 October, 1999 ft {.JPage 1 of70 Contract No. 3618 TABLE OF CONTENTS Pages NOTICE INVITING BIDS ..................................................................................................................... 4 -7 CONTRACTOR'S PROPOSAL ......................................................................................................... 8 -12 BID SECURITY FORM ........................................................................................................................... 13 . BIDDER'S BOND TO ACCOMPANY PROPOSAL. ....................................................................... 14-15 GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERA TOR/LESSOR & AMOUNT OF OWNER OPERA TOR/LESSOR WORK" FORMS................................................. 16 -17 DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID .............. 18 -19 DESIGNATION OF OWNER OPERA TOR/LESSOR & AMOUNT OF OWNER OPERA TOR/LESSOR WORK .............................................................................................................. 20 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ............................................................... 21 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................................. 22 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ....................................... 23 BIDDER'S STATEMENT OF RE-DEBARMENT ................................................................................... 24 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ................................................................. 25 -26 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ............................................................................................ 27 CONTRACT PUBLIC WORKS ....................................................................................................... 28 -33 LABOR AND MA TE RIALS BOND .................................................................................................. 34 -35 FAITHFUL PERFORMANCE/WARRANTY BOND ........................................................................ 36 -37 REPRESENTATION AND CERTIFICATION ......................................................................................... 38 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ..................................................................... 39 -41 l\ ..., Page 2 of 70 Contract No. 3618 --· SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS .................................................................. 42-60 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .................. 61 -63 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS .......................................................... 64 -70 APPENDIX "A" COASTAL PERMIT LETTER CONDITIONS APPENDIX "B" SOILS REPORT · APPENDIX "C" STANDARD DRAWINGS Contract No. 3618 ~ ~, Page 3 of 70 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, on the second floor of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, Califomia 92008-7314, until 4:00 P.M. on the 3rd day of February , 2000, at which time they will be opened and read, for performing the work as follows: -PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, including embankment and subgrade excavation, asphalt concrete pavement, and base, AC dikes and AC spillways, rip rap energy dissipators and traffic striping. CONTRACT NO. 3618 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the (Engineering) Department. The specifications for the work include the Standard Specifications for Public Works Construction 1997 Edition, and the 1998 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern Califomia Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators, and contractors to utilize 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 when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form fumished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be retumed to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed, properly executed and notarized are: Contract No. 3618 ft QPage4of70 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Certificate of Insurance 9. Bidder' s Statement Re Debarment 10.Bidder's Disclosure Of Discipline Record 11.Purchasing Department Representation and Certification 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $72,000.00 No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California State law. The contractor shall state their license number, expiration date, and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: "A" License in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted 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 Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of $50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No addition to, or modification of or interpretation of any provision in the contract documents will be given orally nor may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractpr to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wag~s to all 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 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to 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 indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or 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 insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 0 calendar days of 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 Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance 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 company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance' as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. ~ontract No 3R1 R The prime contractor and all subcontractors are.required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. _9_9-_q_9._.1 __ _ adopted on the 9th day of NOVEMBER , 19 99 . /~-p/--9f Date Contract No 3618 ,., •fll P::!n"" 7 ,-.,f 7n - ,.._. ,... .. -· -· City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY OF CARLSBAD CONTRACT NO. 3618 CONTRACTOR'S PROPOSAL The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3618 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. 1 2 3 4 5 STREET IMPROVEMENTS Description Mobilization and preparatory work at a lump sum amount not to exceed Five Thousand Dollars (Lump Sum) Clearing and grubbing lump sum at TJi)e,,.;rv riJv/ #v,./.O,£e/J _A.;){) >oVE,J rf? iJOU..,ttj 0,,4,,_ Dollars (Lump Sum) Unclassified excavation at "l1f11Z-nYo~ 77tr)ti.t,t,.liJ £761-/r l'{r/;JIJ~tf'/J /JOt-t.,llt'l.,-J gafa>- Dollars (Lump Sum) Crushed Aggregate Base at Twe,./77/ -nr1Z-Er /Jotu,,« ft,J~ 3,z>"c.. Dollars per TN Asphalt concrete pavement at Fo ILT¥ e} fltf T /J o U,i-,L.{ /-1,./o 30/4¥ Dollars per TN Approximate Quantity and Unit LS LS LS 320TN 264 TN Unit Price Total $..,-U00,tJO $ 6, O tJo. oo $ 2'-/7O,00 $ 21./ 70,0D $ /81 S,oO,oo $ /B/?OO. oo $ 23, g(, $7~3S-,20 $ l/l,3o $ /2 7S-/ .2o Contract No 3618 ,.,__·, , • Item No. 6 7 8 9 10 11 Description 6-inch Type "A" AC dike at J"l,,JO /J,U.L;'l-d.-J M.o 1? t .,.. Dollars per Linear Foot Rip-rap energy dissipator type 2 (D-40) at AP #;/tJ ,1.,flJ ,A.,./a n r=-r/ /.?/'-l'f-r tJo(.Up(.-S ,?,,la ?r/4"' Dollars Each Approximate Quantity and Unit 860LF 3EA. Type "E" AC. Dike at 20 LF Fr//c ,L)ou~ ~~ tP0/4-f> Dollars per Linear Foot A.C. Spillway at Driveway at 1 EA 7?1"-LE c ,,.,v,,./,:, d.-d?.7 ~ & n/ f£vr t:Jt>u.,/fr'l, o IJ /4 ., Dollars Each AC. Spillway Connection at 2 EA clot/c' ,o/7/',;a?'aA-&0 Dollars Each Furnish & install temporary LS traffic control at ~c) ~¥f,-,,,,./,O ~,,r Hz/4/ilA.n! it:J,#-~ ~ o~~, Dollars (Lump Sum) Unit Price $ 2,87 $ S:oo s / 00.00 12 Final striping at LS Si ),c. J'1'r/,,./l)lltf71 //f;t/ .0 ~fa,: $ (; OcJ,oo $ tNI, p6 Dollars (Lump Sum) Total amount of bid in wordJ: , /)r, (..,£,~$ M1 C:JO jJlll,(1:--'----------------------------- Total amount of bid in numbers: $ ------ Price(s) given above are firm for 90 days after date of bid opening. Contract No. 3618 (\ •tr P::me, q nf 1n 0 (.) l fol) w \ ~ ~Q ,; The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity o!)t contractor within the State of Californiylidly licensed under license number L-13 \ \ 9 I , classification C. · \ 2 t A which expires on j o.n 3 \, 2,00 2 , and that this statement is true and correct and has the legif effect of an, affidavit. C~~ A bid submitted to the City by a Contractor who is not licensed as a contractor tursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion, or fraud. Accompanying this proposal is __ Bc,_,.,..,_QL...11,od ________ (Cash, Certified Check, Bond, or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Contract No. 3618 ~ "-' Page 10 of 70 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (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 character of partner) (Note: Signature must be made by a general partner) (3) Place of Business _______________________ _ (Street and Number) City and State _________________________ _ (4) Zip Code ________ Telephone No. _____________ _ IF A CORPORATION, SIGN HERE: (1) Name under w . h business is conducted __ P> ... o ..... \A_+b ......... \_a .... o ...... d ____ ?,_a_v_\ ... · 0-'}-, _\ a_c,._. -- (Titl~) . 1 Impress Corporate Seal here Contract No. 3618 ft ~,Page 11 of 70 (4) Place of Business 3 iA \ ~OY th \--\o. le,, A\J CCU e.. (Street and Number) City and State --~----S .... COC).__,._....,d,-.....,\.;:;Q...,.Q.......,,,_. __ Cct ..... f1 ......... ___________ _ (5) Zip Code q 202. °' Telephone No. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE A TT ACHED List below names of president, vice president, secretary and a partnership, list names of all general partners, and managing p f>l,c.baca F\<tck,, Presideo\- ~un@, 3a-Yetoiol) ~i~ e< Bes. ~ '.B J:oJUDI Qf, S&:.--}:W... Contract No. 3618 ft QPage 12 of 70 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ___ C_al_ifi_orm_·a _______ } C f San Diego ounty o ____ .:;...._ _____ _ Qn __ 21_0_3/_o_o ___ before me, ___ __,.. ____ Jul_ie_B_run ___ d_a_..g'--'e,:...N_o.;..,;tary.;.;..::__Pu:..;.;.;;;,;bl;;::.ic:;..._ ___ _ DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Richard Fleck, June Tavernier, Roger R. Tavernier NAME(S) OF SIGNER(S) Gf'personally known to me -8R -□ ~ouoed to 111e 01, ti ,e basis of satisfactory e\'idel'lee to be the person(s) whose name(s) 'ls/are subscribed to the within instrument and ac- knowledged to me that he,'she{they executed t~e same in hi&/1:ie~/their authorized capacit~ ~iE>s), and that by his.lher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL [?(ORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Southland Paving, Inc. OPTIONAL SECTION _lllllllllli ___________ _ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ___________________ _ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ -- BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of _______________________ _ _______________________ dollars($ _______ , this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. {Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Contract No. 3618 ft \.J Page 13 of 70 -- BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That-we SOUTHLAND PAVING, INC. , as Principal, and SAFECO INSURANCE COMPANY OF, AMERICA as Surety .are held and firmly bound unto the City of Carl d alifomia.,.., irt an amount as follows: . ¼ . 'tb,hrl',IPl~',K'.,..NT O.r GREATE . (must be ~t least ten percent (10°0) of the bid amount) -----------,,. for which payment, well and truly made, we bind ourselves, our heirs. executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: -PARKING-CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618. in the City of Carlsbad, is accepted by the City Council. and if the Principal shall duly enter into and execute a. Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of tt,e City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety frorn its obligations under this bond. Executed by PRINCIPAL this 2ND day of Executed by SURETY this of FERRJT,'.\RY 2ND day -2.QQ.O FEBRUARY --2.ill).O PRINCIPAL: souTilLANn ru INt:zc:= (na~e of ~rin · · By: : . (sign here) RICHARD'FLECK, {print name here) PRESIDE~T (Trtle and Organization of Signatory) Bir.~ rt~ A, (sign~ f2o£ft tc facJert1h'er ,zec. (print me here) 5t;G ·~It;,~ (title and qrgation of signatory) SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) 2677 NORTH MA.IN STREET SANTA ANA, CA. 92705-6623 (address of Surety) (714)437-3042 (telephone number of Surety) By: ~jf~ (signatur fAttomey-jn_ci .IQH~ G, MALONEY, ATTORNEY TN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper n~tarial acknowfedgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one· officer signs, the corporation must attach a resolution certified by the secretary or assistant ft.: . Contract No. 3618 ~~ Page 14 of 70 .. secretary under corporate seal empowering that officer to bind the corporation.) r ~OVED AS TO FORM: RCJNALC) R. BALL City Atto~ By: ~.,.._...:.~i3~i3_ .... _.r._.,__..,__ JAN[; MO ALDI, Assistant City Attorney - Connet No. 3518 OPaae 15 of7o· ,,-- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~"'1 a,:; 0 .,,. Place Notary Seal Above □ personally known to me ~ proved to me on the basis of satisfactory evidence to be the person{Jef whose name~ is/Bfe"" subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/AeFttAeii-authorized capacity~, and that by his/liter/theil'" signatureW on the instrument the person~. or the entity upon behalf of which the personj,.ir' acted, executed the instrument. Signature of Notary Public OPTIONAL---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc~ent~ / Title or Type of Document: _ __,/fv.c..,..'--"~ ... '4.,,___,~'--"---=e,'--'~=---.,__,,c::l'"-'------------------ Document Date: --'~'-------='--"""-"-2=\-,,~, 2=-_tP_e,_o ________ Number of Pages: ______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer Signer's Name: ________________________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: ___________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: _______________________ ~-----~ I •I ,) © 1997 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PI..AZA SEATTLE, WASHINGTON 98185 ,,.-. No. 8062 I. NALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***********************************************HELEN MALONEY; JOHN G. MALONEY; Escondido, California**************************************************** its true and lawful attorney(s)-in-fact, with full authority to exerute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar cl}aracter issued in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly exeruted by its regularly elected officers at its home office. lril WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has exeruted and attested these presents this 23rd day of _J_un_e _________ _ , 1999 ID~~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be aff1Xed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not ~ -essary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate exeruted by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, exeruted pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be facsimile thereof." I, RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 2ND day of S-1300/SAEF 7/98 FEBRUARY 2000 R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 6/23/99 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ___ C_a_lifi_o_rm_·_a _______ } C ty f San Diego oun o ___ ____:: ______ _ Qn __ 21_0_3f_o_o ___ before me, --------=-Jul_1_· e_B=rund __ a""'g-'e'...:.N_o_tary~...:.Pti...::b.:..:l::cic;__ ___ _ DATE NAME, TITlE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared _________ "."""ru:-:-=·c=har~d,::..F.;.:.le:.;,ck:::..,,-_____ ---1---'-- NAME(s) OF SIGNER($) G(personally known to me 9R D !'FeYeel to me on u,e basis of satisfactory eoide1 ice to be the person('s.) whose name~ is/~ subscribed to the within instrument and ac-l""• mm uuu • "" "nm•u knowledged to me that he,'efoie(II 1ey executed ......... ,t~ . h" /1:1,e I A . h . a JULIEBRUNDAGE . e s~m~ m ISFrt err aut orized g COMM. #1247499 _capac-1t, '.~eL-and that by his/-ReF{their • NOTARY PUBLIC-CALIFORNIA !: signatureLc.l on the instrument the person(~ c SJ..f\J DIEGO COUNTY tn l.""'7 ""7' -I MYC<~_MMISSIONEXPIRES Nor the entity upon behalf of which the -· DECEMBER 30, 2003 I person(~ acted, executed the instrument. ·······································••-WITNESS my hand and official seal. No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) President TITlE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) Southland Paving, Inc. ------------•--OPTIONAL SECTION---------------THIS CERTIFICATE MUST BE ATTACHED T THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT ___________________ _ NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER($) OTHER THAN NAMED ABOVE ________________ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ate of __ C,.,.A...,L..._I .... F...,O"'"'RN.....,_,I.,.A~------} County of __ S_AN __ D_I_E_GO ______ _ On 2/2/QQ DATE KAREN JEAN HALL, NOTARY PUBLIC before me,--------------------NAME. TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared JOHN G. MALONEY NAME($) OF SIGNER($) li{ipersonally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac-J'""'"'" mm""" 11 ""'" 11 knowledged to me that he/she/they executed -· KAREN JEAN ~~~~"Jthe same in his/her/their authorized ; • , NO COMM.#1244987 _e;apac-it~ '.if's), and that by his/her/their i = • : T~:;'i'e'3~fc'b'tit=g.RN1A f signature(s) on the instrument the person(s), I . DMYECCOEMMISSIONEXPIRES Nor the entity upon behalf of which the ' MBER 7 2003 I · ....... , .......... ,., , person(s) acted, executed the instrument. •••••••••••••••••••• THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE($) 0 PARTNER(S) 0 LIMITED 0 GENERAL ~ ATTORNEY-IN-FACT 0 TRUSTEE($) 0 GUARDIAN/CONSERVATOR □OTHER: _______ _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) THE DOCUMENT DESCRIBED AT RIGHT: -------------------- NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ , nough the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor'' and 'Work" and the definitions in section 1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent _, of the work by other than the Contractor's own organization will be rejected as non-responsive. -, INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the 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/Lessor the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the line of the form must be entered under the column "0/0 of Item by Sub" or "0/0 of Item by O+O" as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, installing them. The value of material incorporated in any Subcontracted or Owner Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor is required to perform with its own organization. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row Contract No, 3618 ft ~,Page 16 of 70 pertains. This option may not be used where the subcontractor or Owner Operator/Lessors constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final. Contract No. 3618 (\ +' Page 17 of 70 ' I I I I I I I I -• • • I II I I I •. ... DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. .f:,; Full Company Name of Subcontractor: /1 F /VI LA ,c/L) 5 vll-✓ tf'ft A.IC.. 1 Al c. Complete Address: -"-/J_..;;..tJ....;./.J;;;;..'tJ~X..,;__ __ /~~~k'-2 ________________ _ ,/ Street I/ f $ 'J7'r , CA t-1 Pod! A- City ' State Zip Telephone Number plus Area Code: _7_6_0_-_1_;_</l__;_/_z_o_7 ___________ _ California State Contractors Ltcense No. & Classification: ____________ _ Carlsbad Business License No.: _____________________ _ SUBCONTRACTORS BIO ITEMS Bid Item Amount of Item Amount of Item by Overhead & Profit No. Subcontracted Contractor Amount I $ /'{'{O.oo $ 3'//&, $ I 'f 'f $ $ $ $ $ $ $ $ . $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages 'i . Column 2 -The dollar amount of the item to be performed by the subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. l\ •fl1 P::il"J<> 1 R ,..,f 7/'l -- -· DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: ____________________ _ Complete Address: __________________________ _ Street City State Zip Telephone Number plus Area Code: ___________________ _ California State Contractors License No. & Classification: ------------- Carlsbad Business License No.: ---------------------- SUBCONTRACTORS BID ITEMS Bid Item Amount of Item Amount of Item by Overhead & Profit No. Subcontracted Contractor Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages ___ . Column 2 -The dollar amount of the item to be performed by the subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Contract No 3618 Column 4 -The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages __ _ Page 2--of _. pages of this form -- Contrnrt No 3R18 DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK The Bidder MUST complete each information field on this form for each owner operator/or Lessor (0+0) that it proposes to use to perform any portion of the Work. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owner Operator/Lessor. Full Owner Operator/lessor Name: ___________________ _ ,...... Complete Address: ________________________ _ ,,..... .--- Street City State Zip Telephone Number plus Area Code:__.__ ____ ..__ ____________ _ City of Carlsbad Business License No.: __________ _ OWNER OPERATOR/LESSOR WORK ITEMS Bid Item Amount of Item Amount of Item by Overhead & Profit No. Subcontracted Contractor Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Explanation: Column 1 -Bid Item No. from the bid proposal, pages __ Column 2 -The dollar amount of the item to be performed by the subcontractor. Column 3 -The dollar amount of the item to be performed by Contractor's own forces. Column 4 -The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages __ l' •ti P;:ine, 20 nf 70 -- BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. r.,-,ntr:::irt I\J,-, '<R 1 A BIDDER'S 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 proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract REFERENCES-PRIVATE DEVELOPERS TWIN OAKS VALLEY ROAD San Marcos, CA Contract: $3,5000,000 CALA VERA HILLS VILLAGE Q & T Carlsbad, CA Contract: $495,000.00 RED HA WK TRACT 23006 Menifee, CA Contract: $121,000.00 RANCHO CARRILLO VILLAGES J, OAND Ql Carlsbad, CA Contract: $520,000.00 SANTANDER/SEBASTIAN TRACTS 94-06 AN 94-07 Carlsbad, CA Contract: $235,000.00 SAN VICENTE RANCH UNIT 1 Ramona, CA Contract: $250,000.00 RIVERSIDE COUNTY TRACT 27776 Menifee, CA Contract: $130,000.00 CANTAMER@ POINSETTIA Carlsbad, CA Contract: $750,000 RYLAND HOMES SAN DIEGO INC. Contact: Jim McMenamin 619-67 5-0800 BROOKFIELD HOMES SAN DIEGO Contact: Tim Wellman 619-481-8500 CONTINENTAL HOMES Contact: Don McKay/Kip Hanzel 760-931-1980 CONTINENTAL RANCH Contact: Dave Lother 760-931-1980 GREYSTONE HOMES Contact: Brian Nestroroff 760-804-7700 RYLAND HOMES SAN DIEGO INC. Contact: Jim McMenamin 619-675-0800 TIERRA DEVELOPMENT Contact: Thomas Pegg 909-672-1465 CATELLUS RESIDENTIAL, INC. Contact: Dick Allen 949-251-6149 ,,-REFERENCES-GENERAL CONTRACTORS RENO CONTRACTING, INC. Contact: Chris Heim 619-220-0224 NINTEMAN CONSTRUCTION CO. Contact: Dave Miles 619-490-6800 BYCOR GENERAL CONTRACTORS Contact: Rick Byer 619-587-1901 LISTER CONSTRUCTION CO. Contact: Ron Lister 760-741-3143 R. G. PETTY CONSTRUCTION Contact: Burt Petty 858-458-9440 KV AAS CONSTRUCTION Contact: Larry Bolin 619-233-5885 KEETON CONSTRUCTION Contact: Bruce Keeton 760-744-9500 LUSARDI CONSTRUCTION Contact: Scott Stanley 760-744-3133 PACIFIC COMMERCIAL CONSTRUCTION Contact: Kevin Stumm 760-931-9777 KOLL CONSTRUCTION CO. Contact: CatRamboa 619-292-5550 COLLINS GENERAL CONTRACTORS Contact: Mickey Carhart 858-481-7700 RUDOLPH & SLETTEN Contact: Frank Jones 619-455-1161 SWINERTON & WALBERG Contact: Mike Wyborney 619-622-4040 REFERENCES -PUBLIC WORKS ORANGE A VENUE IMPROVEMENTS Completion Date: 7 /99 Contract: $ 650,000.00 LOT 9 -PHASE I & II Compeletion Date: 8/96 Contract $ 650,000.00 AIRPORT PAVEMENT MAINTENANCE Completion Date: 12/98 Contract: $ 200,000.00 SO. ESCONDIDO BL VD. IMPROVEMENTS Completion Date: 9/99 Contract: $3,600,000.00 DMSION ST. IMPROVEMENTS Completion Date: 3/95 Contract: $ 638,013.00 SO. TWIN OAKS VALLEY ROAD Completion Date: 3/98 Contract: $ 900,000.00 SPRING ST. IMPROVEMENTS Completion Date: 11/97 Contract: $1,000,000.00 CITY OF ESCONDIDO 201 North Broadway Escondido, CA 92025 Contact: Dan Escalona 760-839-4664 PALOMAR COMMUNITY COLLEGE 1140 W. Mission Rd. San Marcos, CA 92069 Contact: Mike Ellis 760-744-7003 S.D. UNIFIED PORT DISTRICT P. 0. Box 488 San Diego, CA 92112 Contact: Gerald Wold 619-686-6475 CITY OF ESCONDIDO 201 North Broadway Escondido, CA 92025 Contact: Dan Escalona 760-839-4664 CITY OF NATIONAL CITY 1200 A Avenue National City, CA 91950 Contact: D. Daneshf ar 619-336-4380 CITY OF SAN MARCOS 1 Civic Center Dr. San Marcos, CA 92069 Contact: Dick Wygant 760-752-7550 X 3330 CITY OF LA MESA 813 0 Allison Ave. La Mesa, CA 92040 Contact: Frank Durango 619-667-1153 HARBOR ISLAND DRIVE TEMPORARY EMPLOYEE PARKING LOT Completion Date: 11/96 Contract: $ 600,000.00 VARIOUS PROJECTS S.D. UNIFIED PORT DISTRICT P. 0. Box 4888 San Diego, CA 92112 Contact: Michael Warren 619-686-6228 COUNTY OF SAN DIEGO 5555 Overland Ave. San Diego, CA 92123 Contact: Jerry Warner 619-694-3165 -- BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1. Certificates of insurance showing conformance with the requirements herein for: o Comprehensive General Liability D Employer's Liability o Automobile Liability □ Workers Compensation 2. Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. ~nritr:::irt Nn 1R1 R ······ Ac~'!flr:,··••1•1111•111;11•1•111111••••••1•1•••••••1,11~•1•~111••1•••11111•111•~1;••••••••••·•••·•••••••••••••••••·•••=•==•=·•··=·=••·· DATE (MM/DD/VY) 4/12/00 PRODUCER 619-231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. John Burnham & Company 610 West Ash Street P.O. Box 122910 San Diego, CA 92112-2910 COMPANY A COMPANIES AFFORDING COVERAGE ST. PAUL FIRE & MARINE INS. co.,;f/~✓ ~ (Aurora, CO) cW1 1 ~ INSURED COMPANY B Southland Paving, Inc. coMPANY Attn: Julie Brundage C f------------------------------i 361 N. Hale Avenue coMPANY m~= scondido CA 92025 D · .. ·· .. ·•·•·· ( •• co LTR A A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IMM/DD/YY) DATE IMM/DD/YYI GENERAL LIABILITY KK08301004 9/01 /99 9/01 /01 GENERAL AGGREGATE 2000000 x COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 2000000 1 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1000000 X CONT.LIAS. FIRE DAMAGE !Any one fire) 100000 - X xcu MED EXP (Any one person I $ 5000 AUTOMOBILE LIABILITY KK08301004 9/01 /99 9/01/01 COMBINED SINGLE LIMIT X ANY AUTO 1000000 - ALL OWNED AUTOS BODILY INJURY ,-_ SCHEDULED AUTOS !Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident! t-- PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ t-- ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY KK08301004 9/01 /99 9/01 /01 EACH OCCURRENCE 4000000 ~ UMBRELLA FORM AGGREGATE 4000000 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND , we STATU-I I TORY LIMITS /OTH-, ER EMPLOYERS' LIABILITY EL EACH ACCIDENT THE PROPRIETOR/ RINCL EL DISEASE -POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE A OTHER KK08301004 9/01 /99 9/01 /01 INLAND MARINE/ $3,553,843 SCH. BLANKET LIMIT CONTRACTORS $200,000 UNSCH. RENTED/LEASED EQUIPMENT $ 1,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: JOB #4165, PARKING@ PONTO BEACH RD., CONTRACT #3618. CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED (GL/AUTO) AS RESPECTS CAPTIONED OPERATIONS OF THE NAMED INSURED. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVE. CARLSBAD, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~~~X, MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~K~.X~il<~~~~~~Xa<~~~~~-.X ~x~~~XiX~~xx~~~XafiX~~~ -- COMMERCIAL GENERAL LIABILITY POLICY#: KK08301004 INSURED: SOUTHLAND PAVING, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE PERSON OR ORGANIZATION REFERENCED ON THE ATTACHED CERTIFICATE OF INSURANCE FOR WHOM YOU HAVE SPECIFICALLY AGREED IN WRITING TO PROVIDE ADDITIONAL INSURED STATUS UNDER THIS POLICY. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED {Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 - AalT'DIM. u u aem a ■IT -cme !CUL AUTO Tb .. lndOI WMN d'llngN yo, Aulo UabUltY Pr01ecti0ft. Nnv c., • .,.11 a.11• -•vou: •• •fflPl0'198 of yoww; o, -· The following ~ added to die Wllo le llracaaad Under Thia AQrNm911C Medon of vow Mao LlabUlr, PT01ectlon. Thi•~ broadefte covera9& •any01• wtlO ~v• • cov•~ ICftO wtul vo...- PWffllMIOft or wtttl CM perm&e•lon Of one of yow employeaa or agara. auc ml• doesn't Include n penon or or;anlz.nion named DelOW.-or one of tllew aa,p1cy._ or agents. The person or organlZallOft named DeCow, few wtlOffl yau .. CIOiftO won. le pratectad. IUI only tor bocffly Injury or property dafflale tl'laC resutta frOm l:he owrwanf1,. m1lntananca. ~ loedlnf ~ unloadlff9 of • coveted auto t,y. All other tlrffla of yow pollcy remain the um., ,._ • °'9Ml1Mlo■ ANY PERSON OR ORGANIZATION YOU ARE REQUIRED IN A WRITTEN CONTRACT TO SHOW AS AN ADDITIONAL INSURED IS AN ADDITIONAL INSURED. SOUTHLAND PAVING INC. :POLICY #KK08301004 TERM: 9/1/99 -9/1/01 CA011 Ed.7-11 Printed In U-1.A. !ndonern• est.Paul Fire and M•ine lnawance Co.,., All ftlghta RN«VICI Page, of, INSURED: SOUTHLAND PAVING, INC. POLICY#: KK08301004 .. PRIMARY INSURANCE WORDING WE WILL CONSIDER THIS INSURANCE TO BE PRIMARY AND NON-CONTRIBUTORY WITH THE INSURANCE ISSUED DIRECTLY TO THE ADDITIONAL PROTECTED PERSON ON THE ATTACHED CERTIFICATE OF INSURANCE IF YOUR CONTRACT SPECIFICALLY REQUIRES THAT WE CONSIDER THIS INSURANCE TO BE PRIMARY OR PRIMARY AND NON-CONTRIBUTORY; OR YOU REQUEST BEFORE A LOSS THAT WE CONSIDER THIS INSURANCE TO BE PRIMARY OR PRIMARY AND NON-CONTRIBUTORY INSURANCE. DATE IMM/DD/YY) 4/12/00 PRODUCER 619-231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. John Burnham & Company 610 West Ash Street P.O. Box 122910 San Diego, CA 92112-2910 COMPANY A COMPANIES AFFORDING COVERAGE EXPLORER INSURANCE COMPANY fl ,11 / ~ . (ICW -San Diego) v C'fl ,..___,, INSURED COMPANY B co LTR A Southland Paving, Inc. Attn: Julie Brundage 361 N. Hale Avenue scondido CA 92025 COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IMM/DD/YY) DATE IMM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY PRODUCTS · COMP/OP AGG $ -D CLAIMS MADE □ OCCUR PERSONAL & ADV INJURY OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE - FIRE DAMAGE !Any one fire) MED EXP !Any one person} ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY - NON-OWNED AUTOS !Per accident! -PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ Fl UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WSD11 67878201 1 /01 /00 1 /01 /01 I WC STATU-I X TORY LIMITS IOTH-ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000 THE PROPRIETOR/ Fxl INCL EL DISEASE · POLICY LIMIT 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: JOB #4165, PARKING@ PONTO BEACH RD., CONTRACT #3618. =:••· r >•••••••••••• P*NPf+~'TIPl\! • JiJU{xi ijqjj@g fqijJW.N.WAY t ••••••··•·•··•····•·•······ .·. CITY OF CARLSBAD PURCHASING DEPARTMENT 1635 FARADAY AVE. CARLSBAD, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~~-xi MAIL --1.Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~X~.X:'X>~iK~~~~~~)(a(~~~~,x ~x~~~KiX~~xx~~~Xafix~~~~ " --,.- ,,..... BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? / yes no 2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: B,c.bru:d Fl~c.K. vce;>,de.nt- <print name/title) ' Cnntract No 3618 '-' •-' P;:ia,::, 24 nf 70 ,-- BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the 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 California Contractors' State license Board two or more times within an eight year period? / 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 had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? / yes no 4. Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever b/ stayed? yes no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) . -· -· - ,--. 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, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed . (Attach additional sheets if necessary) BY CONTRACTOR: flliChcu:d f:lec:&, '.Pre-sident- <print name/title) (;rmtr::irt Nn ~i:;1 ~ NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California ) ) ss. County of $o..n D,c~o ) _____ f1 ......... , --~ ....... Q[__,d...___-.,_L ..... \ ... e....,c,k. ___________ , being first duly sworn, deposes (Name of Bidder) and says that he or she is _____ "\ .... :::.>__._r .... e ... s ....... ,d ........ e,,...,'l'._;\-______________ _ (Title) ot __ S __ o_y __ ,.h ......... \a ... n ..... d _____ :e_o ..... v .... , ..... o°'-, ...... \n .......... c.._. __________ _ (Nam'e of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any --advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty gt perjury that the foregoing is true and correct and that this affidavit was executed on the ' day of Feb..-\AC\ -ry , ~.z&lpO Subscribed and sworn to before me on the ___ 3_<_d __ day ot _____ "f.......__e"""b--''f;....:\,1........,Q,....,>/'"'"').,,_/ ___ ,,~ Z(X)O {NOTARY SEAL) .-- C(')ntract No 3R18 {\ • ., P8aP 27 nf 70 CONTRACT PUBLIC WORKS This agreement is made this ____ day of ___________ , 19 __ , by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and SOUTHLAND PAVING. INC, whose principal place of business is 361 NORTH HALE AVENUE, ESCONDIDO, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: -PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618, 4/23/99 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1997 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other Contract No 3618 job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall 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 waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a 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 from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent 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 so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a_ change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contract No 3618 . - Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite, or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State. of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or volunteers . d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Contract No 3618 I\ •tir' Paae 30 of 70 - (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be rec:eived and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false Cnntrad No 1Fl1 R l\ •4r Paae 31 of 70 - claim to a public entity. These provisions include false claims made with deliberate ignorance 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 the False Claims Act, it is entitled to rect>ver its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027, and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. 0 IA/ I have read and understand all provisions of Section 11 above. ~ (Initial) 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 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 substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. Cnntr;:irt Nn 1R1 R l\ •ti P;:iae 32 nf 70 -· NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE A TT ACHED (CORPORATE SEAL) CONTRACTOR: SOUTHLAND P RICHARD FLECK. PRESIDENT (print name and title) By~~(s~h► ROGER TAVERNIER, SECRETARY (print name and title) .. President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attor ey By: -:.. i3iL OBALDI, Assistant City Attorne Contract No 3618 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of __ ----1,C...,01111liwf.o;iii:i:1.;u:i!-'01-------} County of __ ..,.sa ... n..__Q.......,je<e.g,...o ______ _ Qn _.....:4:u.l..,20.,._/...,00.,__ __ before me, ___________ _.J,...u..,.lie .... B...,ru..,n11o1d"'"!a~.,.e ... , ...,N'"'o~mo:ILJ-PuLWba.hlk. c ___ _ DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared _______ _.,Ri,..·c,..hJ.ldar~d,LF!.Jlu.ec,..k:i....._..l,lanwd"---_R~o~~e"'-r....!T..llav.I..!eaml.lJiLlii.erL-__ NAME(S) OF SIGNER($) [3 personally known to me -OPrHfi:ill(iftil./tidltfJ!ffitJ/tJfl,/1.htJ!'f:JtuJ'($/;/:tf.wJflHJtfJtf/l~ to be the person(s) whose name(s) ~/are subscribed to the within instrument and ac- knowledged to me that ~/they executed t~e same in 11.+e+forer/their authorized capacit~ :iE>s), and that by t:wo,'~er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ___________ .. ___ OPTIONAL SECTION No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .9 INDIVIDUAL r CORPORATE OFFICER($) TITLE($) 0 PARTNER($) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE($) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) Southland Paving, Inc. ... HIS CERTIFICATE MUST BE ATTA E TITLE OR TYPE OF DOCUMENT _____ C_on_tr_a_c_t N_o._3_6_1_8 ________ _ iE DOCUMENT DESCRIBED AT I NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER($) OTHER THAN NAMED ABOVE _______________ _ .... BOND NO: 6057134 PREMIUM INCLUEDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND r--: \ .:~S, the City Council of the City of Car1sbad, State of Califomia, by Resolution No. 2000 .. 104 , adopted APRIL 4, 2000 , has awarded to SOUTHLAND PAVING, INC. (herei~fter designated as the "Principal''), a Contract for: -PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618. in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on ·file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS,• Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used i~. upon or about the performance of the wo~k agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, ,THEREFORE, WE, __ so_u_T_H_L_A_N_D_PA_V_I_N_G...,,_1 N_C_. __________ _ as Principal, (hereinafter designated as the "Contracton. and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY EIGHT THOUSAND FOUR HUNDRED FORTY FIVE AND 85/00---------------------Dollars ,--, percent (100%) ,_ 48~445.85) said sum being e.qual to one hundred/ of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for whicl'l payment well and truly to be made we bind o~rselves. our heirs, executors and administrators, successors. or assigns, jointly and severally, firmly ~y these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor. or for ·any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to 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 of the Co~tract. or to the work to be performed thereunder or the specifications accompanying the same shall a;ffect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. . : r Contr.iict No 3618 ft ~~ Paoe 341 of 70 -In the event that Contractor is an individual. it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ... U-·:0~1~- day of _AP_R_I_L ________ 200~. CONTRACTOR: (sign here} RICHARD FLECK, PRESIDENT (print name here) ·(title and organlza-!::~ory) By:. _ _,_g.i.,,M.<\-6~~~(L"--~--=-=-~------ (54 (sign here) ROGER TAVERNIER, SECRETARY (print name here) (title and organization of signatory) Executed by SURETY this .... 1 ... 2:,..IH----day of APRIL 2000 SURETY: SAFECO INSURANCE COMPANY OF AMERICA · (name of Surety) 2677 NORTH MAIN STREET SANTA ANA, CA. 92705-6623 (address of Surety) <714) 437-3043 (telephone number of Surety} By: . t JOHN G. MALONEY, TTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate se~l empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL , City Attorney By: OBALDI, Assistant City Attorney •.- Contra1;t No 3618 ft ~, Pc!Cll:! 35 of 70 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'tate of __ ----tC:::;tetthi:r' fe01ffl:l'flffie1:--------} County of __ .;;i.;sa~iil-.1D1.1.11.c:·e.wigo~------ Qn __ 4..,1._:2..,.0~10...,0------before me, --......,.,.,.,.,,=-=~11~Jl~ie~R~o.1j11LJ.odwa~gi,1iie.,., Nl.l.l,l,otar:yl.11,l,;~PuLWh.u.lll<ic'------ DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" personally appeared _______ _.,.R ... ic,J,Jb ... ar~dL.,JE~l!!i'ec~k~:!'-an~d~-::,---"'"R..i..o!i.~s.1er._T,LJa;uv~eurm.Y:· ei<!r~-- NAME(S> OF SIGNER(S) (3l personally known to me -OR/ff fiJ ;rrrrmwrJ f'lq !rrlfl JflrJ!lrlf!1!b11.f!'r$/ ttN dtJf 11.(f{tff!/ I~ to be the person(s) whose name(s) +elare subscribed to the within instrument and ac- knowledged to me that h&Li.Re/they executed t~e same in htsil,e,/their authorized caparit~ :iPs), and that by hi..Q:i.e.r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ----------------OPTIONAL SECTION No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying 011 the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR □OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Southland Paving, Inc. THIS CERTIFICATE MUST BE ATTACHE TITLE OR TYPE OF DOCUMENT _____ c_o_n_tr_a_ct_N_o_._3_6_1_8 _________ _ THE DOCUMENT DESCRIBED AT RIG . NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ ,1ough the data requested here is not required by law, ii could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ___ ...,.C....,AuJ...J,JuE::..i.G.L1RuN,._JuA~----} C ty f SAN DIEGO oun o __________ _ Qn __ 4;..:./_1_2..:../_0_0_ before me, _KA_R_E':".".N:-:--:=-J-=EAN=-=--:-::-:H=AL=L~, -:,N--:-0-cT..,.,.AR.,..,.,.-Y...,.-::-P.,,.,U=B=L_JC ____ _ DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" personally appeared. ______ J_O_H_N_G_ • ....,MAL--=-=-0-=-N::-:E_Y-=-=-=--------- NAME<S> OF SIGNER(S) [] personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL !ju ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: -------------------- NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ ' .. . ~ s AF EC ON POWER OF ATTORNEY ,,,-- '(,..,.JW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 8062 ***********************************************HELEN MALONEY; JOHN G. MALONEY; Escondido, California**************************************************** its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of _J_un_e _________ _ , 1999 liJ~~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be aff1Xed by facsimile. On any instrument conferring such authority or on any bond or lJ!]dertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not icessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be facsimile thereof." I, RA Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 12TH S-1300/SAEF 7/98 day of APRIL 2000. ------------ R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 6123199 PDF • PREMlrJM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BOND NO: 6057134 PREMIUM: $436.00 ,,- BASED ON FINAL CONTRACT PRICE. · FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution . _2_0_00-::;.· ...:1-=-0 .... 4 __ , adopted ____ ...,A..,.P ... B .... 1 ... 1 ...... 4_2 ... o ... o ... o..._ ______ . has awarded to __ s_o_U_T_H_L_A_N_D_P_A_V_I_N_G,.., _I_N_C_. ___________ ....-.. ____ _, (hereinafter designated as the "Principal''). a Contract for: -PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618. in the ·City of Carlsbad, in strict conformity with the contract, the drawings, and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS,· Principal has executed or is about to execute said Contract and the terms thereof require the fu~ishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, _s_o_u_T_H_LA_N_D_P_A_V_I_N_G_,_IN_c_. ________ • as Principal, {hereinafter designated as the "Contractor''), and SAFECO INSURANCE COMPANY OF AMERICA ----------~--· as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FORTY Ef GHT THOUSAND FOUR HUNDRED FORTY FIVE AND · 85 / oo----·-------------------------Dollars ($ 48,445.85 }, said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attomey, its successors and assigns; for which payment. well and truly to be made, we bind ourselves, our heirs. executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGA TION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants. conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated. then this obligation shall become null and void; otherwise it shall remain in full force and effect. A:s a part of the obligation secured hereby and in addition to the face arnount specified therefor, there shall be included. costs and reasonable· expenses and tees, including reasonable attorney's tees. incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Sure~ stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract. or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time. alterations or addition to the terms of the contract or to the work or to the specifications. (:i,ntrar:t N(") 3618 ft \.1 PMe 36 of 70 . . . In the:event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exon~te the Surety from its obligations under this bond. /-'!cuted by CONTRACTOR this 12TH 1 day of. APRIL CONliRACTOR: SOUTHLAND PAVING, INC. 20~.- By: --{-na-me-+-e---i~~~~tra ...... rcv_) __ ·_ (sign here) RICHARD FLECK, PRESIDENT (print name here) (Title and Organization of Signatory} • By:~· R.-~11.,.fL~~~· -~ (sign here) ,..B.QGER TAVERNIER, SECRETARY (print name here) (Title and Organization of signatory) Executed by SURETY this __ 12_T_H __ day of APRIL 2000 --=-=-------------- SURETY: SAFECO INSURANCE COMPANY OF AMERICA (name of Surety) (address of Surety} 2677 NORTH MAIN STR~ET SANTA ANA, CA. 92705-6623 (telephone number of Surety) (714) 437-3043 By: act) JOHN G. MALONEY, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) • .(PropE:r notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (Presic;ient or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. 8 L City Attorney- By: ALDI, Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT tate of __ ___,_c .... a~li~fo.u.t11.M.klia...,_ ______ } County of _ __.s ... a..,.n .... D,.,_i ... ee,;go..__ ______ _ On 4/20/00 DATE before me, _____ __.J~u:!.!li~e,.!.,B~run-d!!a!ai._ge!:<o,..!.N~o"-l:tazy2!.J:~Pu~b:!.!li~c ____ _ NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared _______ __.Ri...,-,,.ch..,ar~d...,.F...,le..,,c""k'----'an~d,,__,_~R!;.>ao~g~e"'"r__.T""a.,_ve,..m~ie"'--r __ _ NAME(S) OF SIGNER(S) [XI personally known to me -OR!Hfjjl(h(f//fi(/J!«ilffltiltirilt'ti;J/titi.til'sltM!dJJS'fti.tNttrV!t#IAl:WAtJe to be the person(s) whose name(s) 4s/are subscribed to the within instrument and ac- knowledged to me that ~/they executed t!'le same in ~r/their authorized capacit~ '.iPs), ~nd that by lili9ther/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -----------•--• OPTIONAL SECTION No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below. doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Southland Paving, Inc. THIS CERTIFICATE MUST BE ATTACH -1-ie DOCUMENT DESCRIBED AT RI TITLE OR TYPE OF DOCUMENT ____ c_o_n_tr_ac_t_N_o_. _3_61_8 _________ _ NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data r9queeted here is not required by law, ii could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO } 4/12/00 KAREN JEAN HALL, NOTARY PUBLIC On-------before me,--------------------DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared ______ __,J...,O""H~N.,_,,G'--'.'---"-'MAL"""".,,,,_ON"-',E.,,_Y=---------- NAME(SI OF SIGNER(S) B: personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL [) ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR □OTHER: _______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) .---------------OPTIONAL SECTION-------------• THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: -------------------- NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ -'F;j S A F E C 0™ POWER SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA OF ATTORNEY SEATTLE, WASHINGTON 98185 No. 8062 KNIJW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint **********************•******•••••••••••••••••*HELEN MALONEY; JOHN G. MALONEY; Escondido, California••••*******•••**•••••••••••••••••••••••••••••••••••• its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of _J_un_e _________ _ , 1999 ~~~ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or lJ.l)dP.rtaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not cessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 12TH day of S-1300/SAEF 7/98 APRIL 2000 R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 6/23/99 PDF --( _.,.- CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification shall be completed, signed, and returned to City of Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offerer represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: 'Check aooropriate Ethnic Ownership T oe) ETHNIC CODES MALE FEMALE Caucasian ../ Black Hisoanic Asian-Pacific Native-American Asian-Indian 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 defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CITY, STAT-AND~S 7/oD · 74-J· TELEPHONE NUMB Are you currently certified by CAL TRANS? YES __ NO ✓ Certification#: ___________ _ CERTIFICATION OF BUSINESS REPRESENTATION($): Mark all applicable blanks. This offerer represents as a part of this offer that: This firm is __ , is not~ a minority business. This firm is __ , is not ✓ a woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned business is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: ~enera.l Eo')ioee,c io'? CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): C. · \ 2 J A LICENSE NUMBER: ____,4...,.5.....,\ ...... \ 9 ........... \ ____ _ TAXPAYERS 1.0. NO. 3>3-00\ 0 53B DATE Contract No 3R1R OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ---------------------------- hereinafter called -----------------------------· "Contractor" and whose address is ----------------------- hereinafter -------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for -PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618. in the amount of ____________ dated _____ _ (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the ________________ , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Contract No 3618 - Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon 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 contractor pursuant to sections (1} to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address Contract No 3618 (\ •-' Paae 40 of 70 -- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address Title Name ----------------- Signature _______________ _ Address ---------------- Contract No 3618 '-' •trPaae 41 of 70 SPECIAL PROVISIONS FOR PARKING -CARLSBAD BOULEVARD AT PONTO BEACH, CONTRACT NO. 3618 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be 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 his/her approved representative. Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer -the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item-a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector -The Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector -the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Senior Inspector -the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 --SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Contract No 351R Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or 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 insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Special Provisions section of this contract. The construction plans consist of one set. The set is designated as City of Carlsbad Drawing No. 376- 4 and consists of 5 sheets. The standard drawings used for this project are the 1997 edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Contract No 3618 {\ ■.,; PaOF" 44 nf 7() "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: -------------- Title: ____________ _ Date: ____________ _ Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and data shall be clear and complete with name of the surveyor, the party chief, field crew members, preparer of the field notes, or calculations. They shall be annotated with the date of observation or calculation, be Contract No 3R18 numbered with consecutive page numbers, and shall be readable without resort to any electronic aid, computer program, or documentation for any computer program. The field notes shall be prepared in conformance with the CAL TRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the surveyor and file it in conformance with §§ 8700 -8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than 15.2 m (50'), as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing aggregate base for the roadway section. The stakes shall be set at edge of pavement. Finish subgrade stakes for the aggregate base for the roadway section shall be at 7 .6 m (25') intervals at edge of pavement. Finish aggregate subbase and aggregate base grade stakes shall be at 7.6 m (25') intervals at edge of pavement, and all and grade breaks. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than 7.6 m (25') on unimproved areas. The markings shall be completed by surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be Contrar-t No 3618 (\ •ti P;:ir,,:, 4R nf 7n limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 --CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CALTRANS, -current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .. .. .. .. .. .. .. . .. .. . .. . .. .. .. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted 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: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph Contract No 3A18 (' •tf Paoi=> 47 of 70 - five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery 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 description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: --------------Title: _____________ _ Date: ------------- Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: Contract No 361 R --· ,- 1. Project Inspector · 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7 .1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c} The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. Contract No 3618 (2) If additional information is thereafter required, it shall be requested and provided pursuant to this 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 submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to 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 pursuant to this 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 submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. · (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time 1,1tilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910} of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. Contract No 3618 (\ • ., Paae 50 of 70 (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special 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 approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the Contract No 3618 l' •ti Pane 51 nf 7n satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. SECTION 5 -UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 --PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-1 and substitute the following: The Contractor shall begin work within 10 calendar days after receipt of the "Notice to Proceed". See Appendix "A" for Coastal Permit Time Restrictions. Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment, and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes clearing and grubbing, unclassified excavation and unclassified fill, construction of asphalt concrete pavement and base, and asphalt concrete dikes, parking lane striping and traffic control. Contract No. 3618 " •fl Paae 52 of 70 Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor, or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 30 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:30 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. See Appendix "A" for Coastal Permit Time Restrictions. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Contract No 3618 l\ •ff Paae 53 of 70 Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $500 per day. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 --RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Add the following section: 7-5.1 Resource Agency Permits. Resource agency permits for the Work are included in Appendix ·~ of these special provisions. Resource agency permits pertaining to this project include: 1) Coastal Development permit number CDP 98-77 issued on August 18, 1999. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. Contract No 161 R 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control. throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Temporary Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq.. Warning and advisory signs, lights, and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, and maintained by the Contractor. Warning and advisory signs, lights, and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. In performing excavation for signs, protect underground facilities. All· excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public. during non-working hours. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. Contract No 3618 - A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6'), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane, not less than 3.6m (12') wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition, and provisions under "Maintaining Traffic" elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the 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 traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and Contract No 3618 l\ •ti P,mF> 56 of 7n ,-- the methodology proposed to transition to the subsequent TCP phase. The Contractor may choose to modify, add to or supplement the TCP shown on sheets 4 and 5 of Drawing 376-4 of the contract documents or substitute TCP to further its own interests. Such substitution shall be prepared in type and kind as sheets 4 and 5 of Drawing 376-4 The level of detail, format, and graphics shall be of quality and size no less than shown on sheets 4 and 5 of Drawing 376-4. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control". Progress payments for "Traffic 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 necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth · in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Delete the third paragraph and substitute the following: The Agency shall retain 1 0 percent of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, except that at any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person executing the approval to give such consent must either accompany the document or be on file with the Agency. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Contract No. 3618 l' • ., Paae 58 of 70 -- Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time · of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail· to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be Contract No 3618 l\ •;; Paae 59 of 70 - made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lump-sum price paid for mobilization shall not exceed Five Thousand dollars $5,000.00 and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work will be allowed therefor. Contr;:ict No 3618 ., \.., P;:iaP 60 of 7() ,- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. 200-2.2). Add the following: Aggregate base shall be crushed aggregate base (Section SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 for surface course, and 8-AR 4000 for base course. 203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Contract No 3618 . -- Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs, excepting only those hereinafter listed, shall be fabricated with Type Ill encapsulated lens sheeting conforming to the requirements of this specification. The signs listed below shall be fabricated with Type II encapsulated lens sheeting conforming to the requirements of this specification. Warning and regulatory signs which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 through, and including, R53C; R62A through, and including, R62D; R74 through, and including, R96C; and R99 through, and including, R105A. All sign designations shall be as per the "Traffic Manual", 1996 revision, as published by the California Department of Transportation. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for edge lines, bike lane lines, chevrons, and legends shall be rapid dry water borne conforming to CAL TRANS Specification No. 8010-910-30. Glass beads shall be applied to the surface of the rapid dry water borne paint and shall conform to the requirements of CAL TRANS Specification No. 8010-21C-22 (Type II). CAL TRANS Specifications for water borne paint, and glass beads may be obtained from the CAL TRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000 . Contract No 1R18 - SECTION 213 -ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Aoolication of Geotextile Table 213-2.1(A) GEOTEXTILE APPLICATIONS Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aaaregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg(¼ Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg(¼ Ton) Plant Protection Covering Erosion Control Fence with 14 AWG -150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1.8 m (6') Post Spacing and No Wire Fencing Geotexfile filter for rip-rap energy dissipatiors shall be type 180N. Cnntract No 3fi1 R Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK Contractor to follow the recommendations of the soils report see Appendix "B". Plan details shall take precedence over the soils report recommendations. 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing wooden pole barriers, asphalt concrete and aggregate base, asphalt concrete dikes concrete curb and gutter, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and· grubbing within the project limits and at stockpile locations and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1 ') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading c1nd attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist ,,,,.-..., of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 300-4.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site._ All excavated sand shall be placed on the beach as directed by the Engineer. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25') of the locations shown on the plans. 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will Contract No ~A 1 R I\ • ., PaoP. 65 of 70 also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefor. Add the following section: 300-2.10 Grading Tolerance. Other than slopes, subgrade below structures and subgrade within the roadway and sidewalk areas the Contractor shall finish excavated areas within 30 mm (0.1 ') of the grades shown on the plans. Tolerances for slopes, subgrade below structures and subgrade within the roadway and sidewalk areas shall conform to the requirements of the sections pertaining to grading for those works. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such that the upper 900 mm (3') of fill placed in the roadway pavement area is composed of properly compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill areas and properly compacted or exported from the site. Low expansive soils are defined as those soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard 18-2 as published by the International Conference of Building Officials. Should insufficient soils meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils of the least expansion index that are available within the limits of work shall be incorporated in the upper 900 mm (3') of fill placed in the roadway. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. 300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included (:rmtr::irt N" 1R1 A in and incidental to Section 300-4, "Unclassified Filln will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment. delete and replace as follows: Rip-rap energy dissipaters will be paid for at the unit contract Price Bid for rip-rap energy dissipater, complete and in place, in accordance with the details and requirements of the plans and specifications. 300-13 RIP-RAP ENERGY DISSAPATOR FABRIC. Add the following section: 300-13.1 Preparation of Subgrade. Prior to placing rip-rap energy dissipater fabric the Contractor shall clear the surfaces upon or against which the rip-rap energy dissipater fabric is to be placed of loose or extraneous material and sharp objects that may damage the fabric during installation. Equipment or vehicles shall not be operated or driven directly on the rip-rap energy dissipater fabric. Rip-rap energy dissipater fabric damaged during placement shall be replaced or repaired by the Contractor at its expense as directed by the Engineer. Add the following section: 300-13.2 Placement. The Contractor shall place rip-rap energy dissipater fabric prior to placing rip- rap energy dissipater. The Contractor shall grade surfaces to be covered by rip-rap energy dissipater so as to provide full support for the fabric. Rip-rap energy dissipater fabric shall conform to the provisions in Section 213-2, nGeotextiles," and shall be placed by the Contractor in accordance with the details shown on the plans and as specified herein. The Contractor shall handle rip-rap energy dissipater fabric with care that it is not torn or stretched and place it in accordance with the manufacturer's recommendations, these specifications and as directed by the Engineer. The Contractor shall place and fit rip-rap energy dissipater fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed. Rip-rap energy dissipater fabrics shall be joined, at the option of the Contractor, either with overlapped joints or stitched seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric shall be overlapped not less than 610 mm (24"). The fabric shall be placed such that the fabric being placed shall overlap the adjacent section of fabric in the direction the cover material is being placed. When the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrasting color. The size and composition of the yarn shall be as recommended by the fabric manufacturer. The number of stitches per 25 mm (1 ") of seam shall be 6 ± 1. The strength of stitched seams shall be the same as specified for the fabric, except when stitched seams are oriented up and down a slope the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric damaged beyond repair, as determined by the Engineer, shall be replaced by the Contractor and no additional payment will be made therefor. Repairing damaged fabric shall consist of placing new fabric over the damaged area. The minimum fabric overlap from the edge of the damaged area shall be 1 m (3') for overlap joints. If the new fabric joints at the damaged areas are joined by stitching, the stitched joints shall conform to the requirements specified herein. Damaged fabric that is suitable for repair, as determined by the Engineer, shall be repaired by the Contractor and no additional payment will be made therefor. Add the following section: 300.13.3 Measurement and Payment. Payment for rip-rap energy dissipater fabric will be included in the unit and/or lump sum prices for items which have said fabric in their design and no additional payment will be made therefor. Cnntr::ir.t No 3R18 {\ •ti D::iri<> R7 nf 7n -- SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1. 7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 -ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new pavement when, in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. --302-5.5 Distribution and Spreading. modify as follows After second sentence of sixth paragraph, add: The Contractor shall provide the spreading and finishing machine used to construct the asphalt concrete surface course with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30') minimum length. The paving machine shall be operated by an Contract N0 1R1 R {\ • ., P::,r,o RR nf 7n operator and two full-time screed men during all paving. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer. modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this section. 302-5.9 Measurement and Payment add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 310;.5,6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm Cls"} in 3 m (10'} when measured parallel to the centerline of the street or more than 6 mm Ct/) in 3 m (1 0') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 1 00m (1 /2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight Contract Nn 3n1 R -- stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out {cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefor. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, flashing arrow boards, barriers and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary signing and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary, signing, and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Contract No 3618 _, .. - Appendix 11 A" Coastal Permit Letter Conditions Contract No. 361 8 . __ .;-,..:·_;----'. -----.~. --··- August 26, 1999 Tony Reynolds 477 Lexington Cir. Oceanside, CA 92057 City of Carlsbad •PEll•e••el·l•J4•F•ii,,i4,ii PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CDP 98-77 -PONTO BEACH PARKING At the Planning Commission meeting of August 18, 1999, your application was considered. The Commission voted 6-0 (L'Heureux Absent) to APPROVE your request. The decision of the Planning Commission became final on August 18, 1999. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section l 094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 2075 Las Palmas Drive, Carlsbad, CA 92009. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 438-1161. Sincerely, Planning Director MJH:BK:mh Enclosed: Planning Commission Resolution No. 4608 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (7nm 43A-0Aq4 -- -- -. ··-· --~--IJ------------------------------- l 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24- 25 26 27 28 PLANNING COMMISSION RESOLUTION NO 4608 A RESOLUTION OF THE PLANNJNG COMMISSION OF THE CITY OF CARLSBAD,. CALIFORNIA. APPROVING COASTAL DEVELOPMENT PERMIT NUMBER CDP 98-77 ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CARLSBAD BOULEVARD NORTH OF THE BATIQUITOS LAGOON BRIDGE IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: PONTO BEACH P ARKlNG CASE NO.: CDP 98-77 WHEREAS, The City of CarJsba~ "'Owner/Developer", has filed a verified application with the City of Carlsbad regarding property descnoed as Carlsbad Boulevard, formerly US Highway 101, from station 168+25 to station 176+50 ('~e Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Pennit as shown on Exhibits "A" -"E" dated August 18, 1999, on file in the Planning Department, PONTO BEACH PARKING, CDP 98-77, as provided by Chapter 21.201.040 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did. on the 18th day of August 1999, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be h~ said Commission considered all factors relating to the CDP 98-77. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearin~ the Cnmmission APPROVES PONTO BEACH PARKIN~ CDP 98-77, based on the following findings and subject to the following conditions: ., .,-1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ·--·---------- FiQdina: 1. That the proposed development is in confmmance with the Mello ll segment of the Certified Local Coastal Program and all applicable policies in that the site is designated for open spaces uses and the development consism of the construction or" paved, parallel beach parkin: alon: Carlsbad Boulevard which will enhance coastal opportunities along the coastline, and the development does not obstruct views or otherwise damage the visual beauty of the coastal zone and DO agricultural activities, sensitive resources, or geological instability exist on the site. 2. ne project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.03 of the Zonin: Ordinance) in that DO steep slopes or native· vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 3. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that direct lateral and vertical access exists adjacent to the project site and the proposed parking area will not impact the existing access. A geotecbnical analysis of the project site was prepared. The analysis concluded that the site is suitable for the proposed. development of the parking area. The parking area will have no adverse effect on the stability of the slope. The proposed parking area .will be compatible with the SUIIOunding development and natural environment and will not impact existing views. Grading is designed to blend with existing and natural surroundings. 4. ne project is conditioned to include erosion control (Chapter 21.203.040(B)(4), consistent with the intent of the Coastal Resource Protection Overlay Zone policy. 5. That the Planning Director has determined. that the project is exempt from the : requirements of the California Environmental Quality Act (CEQA) per Section 15301(c) ! of the state CEQA Guidelines and will not have any adverse significant impact on the: environment. 6. All necessary public improvements have been provided or will be required as conditions: of approval. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and i modifications to the Coastal Development Permit document(s} necessary to make them: internally consistent and in conformity with final action on the project. Development shall : occur substantially as shown in the approved Exhibits. Any proposed. development . different from this approval, shall require an amendment to this approval. 2. Building permits shall be issued. for this project within two (2) years of approval or this : coastal development permit will expire unless extended per Section 21.201.210 of the: Zoning Ordinance. 3. Grading is restricted to be conducted within the summer period, which is April 1 to , October l. The City Engineer may pemnt an extension of the grading season until PC RESO NO. 4608 -2- ··• --·· -11-----------·•. . --.. _ .. -----------------·--------·---.. 1· 2 3 4 s 6 7 8 November 15 if all precautionary measures regarding erosion, consistent with the City's grading ordmance, have been put into place. Eamaeeri1r Cogditiogs: 4. 5. 6. Soil erosion control practices shall be used against "onsite" soil erosion to the satisfaction of the City Engineer. O:ffsite drainage shall be prevented through c;edirnent control Control methods shall be shown on the plans to the satisfaction of the City Engineer. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building pc:mrit issuance. 9 . 7. Prior to lmJling dirt, constrUCtion materials of construction equipment to or from the proposed construction site, the comractor shall submit to and receive approval from the City Engineer for the proposed haul route. The contract0r shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24- 25 26 27 28 8. The Traffic Control Plan identified on the improvement.plan set shall be maintainP-d in good working order throughout the duration of the constrUCtion. Additional traffic control measures may be required by the City Engineer if necessary. General 9. If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and n,aintained over time, if any of such conditions fail to be so implemented and maintained according to then-terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or funher condition all certificates of occupancy . issued under the authority of approvals herein granted; institute and prosecute litigation to compc;l their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/ exactions.•• You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest th~ you must follow the protest procedure set forth. in Government Code Section 66020(a). and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack.. review, set aside, voi~ or· annul their imposition. PC RESO NO. 4608 .. -~- -. ·--·--·- 1 2 3 4 s 6 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You are hereby FURTHER NO IIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges. nor plamring, zoning, grading or other similar application processing or service fees in connection with• this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this. or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of August 1999, by the following vote, tQ wit AYES: NOES: Chairperson Hein~ Commissioners Campas. Nielsen, Segall, Trigas, and Welshans ABSENT: Commissioner L 'Heureux ABSTAIN: COURTNEY E. -..L...L,,~ , Chairperson CARLSBAD PLANNING COMMISSION ATI'EST: Planning Director PC RESO NO. 4608 -4- Appendix 11 8 11 Soils Report .- Contract No. 3 61 8 .PETRA COSTA MESA • SAN OIEGO • TEMECULA • LOS ANGELES April 15, 1999 J.N. 177-99 LINTVEDT, McCOLL & ASSOCIATES 3737 Camino Del Rio South, Suite 200 San Diego, California 92108-4008 Attention: Mr. Kent Madsen Subject: Preliminary Geotechnical Investigation, Proposed Ponto Beach Parking, West Carlsbad Boulevard, Carlsbad, California. Gentlemen: We are pleased to submit herewith our Preliminary Geotechnical Investigation report for the proposed Ponto Beach Parking on West Carlsbad Boulevard in Carlsbad, California. This report presents the results of our field and laboratory investigation, and conclusions and recommendations concerning the geotechnical design aspects of the proposed parking area. ?!:ffiA GEOTECHNICAI. INC. 12225 Wond Trcde Or •. Ste. O Son Diego. CA 92128 Tel: (619) 485-5530 ~ox: (619)485-o215 LOCATION AND SITE DESCRIPTION The proposed Ponto Beach parking area is located adjacent to, and west of the south- bound lane of West Carlsbad Boulevard from approxnnately station 159+00 to station l 70+oo. The project site extends basically from the north end of the bridge over the Batiquitos Lagoon outlet, north to the lifeguard station parking area and is bounded on the west by a narrow strip of beach and the Pacific Ocean. An asphalt-surfaced area comprising a traffic run-on lane extends from the lifeguard parking area at the north end of the site extends approximately 300 feet southerly onto the southbound lane of West Carlsbad Boulevard. The remainder of the site is presently being used as a foot/bicycle path. Painted ex-power poles lain on their sides separate the path area from the traffic and emergency parking lanes. -- LINTVEDT, McCOLL & ASSOCIATES April 15. 1999 J.N. 177-99 Page2 Topographically, the southem end of the site is at approximately the same elevation as the adjacent sandy beach area with a gradual increase in elevation towards the north such that at the northern end of the project there is an approximately twelve-foot high natural slope from the foot-path elevation to the sandy beach. The sandy beach is about 100 feet wide and about three to eight feet above mean sea level. It was observed that fill materials, which contain various asphaltic and portland cement concrete chunks ( construction-type debris), had been end-dumped to extend the width of the foot/bike path along some portions of the slope that descends to the sandy beach. Vegetation consisting of grasses, weeds, and bushes, were observed. along the edge of the path and across the slope. PROPOSED CONSTRUCTION ,\l'ID GRADING It is our understanding that development will.consist of the consttuction of an asphaltic concrete pavement parking lane along the west side of Carlsbad Boulevard in the area currently occupied by an existing emergency lane and foot/bicycle path. Based on existing elevations on the site, it is anticipated that only minor grading would be required to generate the necessmy pavement section. However, dependmg upon actual design, the existing slope may be extended to the west to provide app1opriate width. Recommendations for site grading and for the design of the asphaltic concrete pavement are presented in the "Conclusions and Recommendations" section of this report. FIELD INVESTIGATION A limited subsurface investigation of the site was conducted on Maich 19, 1999 by our personnel consisting of the excavation of2 hand-dug test pits and the geologic logging of the natmal slope adjacent to hand pit number 1. Logging and selective sampling of - L.INTVEDT, McCOLL & ASSOCIATES · April 15, 1999 J.N. 177-99 Page3 the test pits were per.formed by our engineering geologist. Approximate locations of these hand pits are shown of the attached plot plan, Plate No. 1 in Appendix A. Toe exploratory pits were carefully logged when excavated and the logs are presented in Appenmx A. The log of the natural slope is included as test pit number HP-lA. Soil materials were classified and logged in accordance with the Unified Soil Classification system. A written textural description, the wet color, the apparent moisture, and the density or consistency is provided. on the log. The density of granular soils is given as either very loose, loose, medium dense, dense, or very dense. Dismrbed. and undisturbed samples of typical an~ representative soils were obtained and retumed to the laboratory for testing. LABORATORY TESTING In-place moisture content and unit dry density were determined for a sample of soil material from HP-2. R-V alue testing was done on a bulk samples of different material types from the two hand pits. Test data are summarized in Appendix B. An evaluation of the data is reflected throughout the ••conclusions and Recommendations" section of this report. FINDINGS In general the site was found to be underlain by a thin layer of artificial fill material over bedrock materials consisting of Terrace deposits. The fill materi~ which appears to have been placed during the construction of Carlsbad Boulev~ consists of silty sands, clayey sands, sands and gravely sands which V3rf in consistency from loose to dense. Bedrock materials encountered in the exploratory pits and exposed in the face of the western slope leading to the beach, consist of silty sandstone and clayey sandstone deposits which are moderately hard to hard. UNTVEDT, McCOLL & ASSOCIATES CONCLUSIONS AND RECQMMINDATIQNS General April 15, 1999 J.N. 177-99 Page4 From a soils engineering and engineering geologic point of view, the site is considered suitable for the proposed development provided the following conclusions and recommendations are incorporated into the design criteria and project specifications. The major concern. when developing the site is the presence of the artiiicial fill material and the potential widening of the area in such a manner as in infringe upon the beach area. The artificial fill is anticipated to be removed in its entirety during excavation to the subgrade elevation of the pavement section. However, if existing fill material exists after this operation, complete removal and recompaction of the soils will be required. Gradin1 Plan Reyjew The following "Earthwork" recommendations are based on a review of the preHminary site plans prepared by Lintvedt, Mccoll & Associates which were supplied to our office and on an anticipated grading concept. Therefore, when the finalized grading plan has been prepared, it should be reviewed by the project geotechnical consultant with respect to the geoteclmicai aspects of the planned site development. Depending on the results of the grading plan review, revised and/or additional recommendations should be prepared by the geotechnical consult.ant as deemed approp1iate. Genenl Earthwork and Gradinz Specification:1 All earthwork and grading should be performed in accordance with the applicable provisions of the Grading Code of the City of Carlsb~ in accordance with the following recommendations prepared by this ~ and our Standard Grading Specifications presented in Appenclix C. LINTVEDT, McCOLL & .ASSOCIATES Site Preparation April 15, 1999 J.N. 1n-99 PageS All weeds, grasses, brush, shrubs, and similar vegetation. trash and construction-type debris should be stripped and removed from the site in those areas to be graded, prior to any grading. Remaining 1'.0ots from vegetation exposed during grading may require hand labor for proper removal. Grad.mg should begin with the complete removal of the existing artificial fill material below the proposed subgrade elevations and the replacement of the soils as unifonnly compacted fill material at slight above optimum moisture contents. In areas to receive fiil after removal of existing fill and cuts ofless that one foot, the near-surface soils should be scarified to a depth of approximately twelve inches, moisture conditioned to near-optimum moisture contents by addition of water or drying back. and recompacting the soils to at least 90 percent of their maximum dry densities. If pockets of loose, dry weam.en:d. bedrock materials are encountered which extend to depths in excess of twelve inches, the material should be removed in its entirety and rep laced as properly compacted fill material. Geotechnical Observations Exposed bottom surfaces in any removal area should be observed and approved by the project geotechnical consultant prior to placing any fill to achieve proposed subgrade elevation. No fills should be placed without prior approval from the gcotechnical consultant. The project geotechnical consultant should also be present on-site during grading operations to verify proper placement and ad.equate compaction of~ as well as to verify compliance with the other recommt:ndations presented herein. . - LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 Page6 The on-site excavated materials are anticipated to consists of fill and bedrock material of various compositions of silty sands, clayey sands, sands and gravelly sands. It is anticipated that the on-site soils will be relatively easy to excavate with norm.al construction equipment. Ground PJ:e»antion -Fm Areas Existing loose surficial soils or existing artificial fill in areas to receive fill material should be removed to underlying natural ground materials. Exposed surfaces of the removals or areas of asphaltic concrete pavement removal which expose natural ground materials, should be scarified to a depth of approximately six inches, watered or air dried as necessary to achieve near optimum moisture conditions, and then recompacted in place to a minimum relative compaction of 90 percent. Fill r•acement -Conventional On-site excavated materials, may be used as compacted material or backfill. All fill should be placed in lifts not exceeding eight inches in thickness, watered as necessary to achieve near-optimum moisture conditions, and then compacted in-place to a mjn]mum relative compaction of 90 percent. Each fill lift should be treated in a similar manner. Subsequent lifts should not be placed until the preceding lift has been approved by the project geotechnical consultant. The laboratory maxnnum dry density and optimum moisture content for each change in soil type should be detemrined in accordance with TestMethodASTM D 1557-91 . ,-L.INTVEDT, McCOLL & ASSOCIATES . Fill SJm,e Comtnu;Uop. April 15, 1999 JN. 177-99 Page7 Fill keys having ~minunum width of IS feet or I.S times the width of the excavation and compaction equipmem should be provided at the base of all fill slopes. The fill keys should extend through the loose sur:ticial soils and excavated at least 2 feet into dense, competent ancient alluvium or bedrock, and tilted slightly into slope. The finish surfaces of all fill slopes should be compacted to a minimum relative density of 90 percent. This surfuce compaction should be achieved by overfilling the slopes dming construction, backrolling to overfilled slope smfaces at vertical intervals not exceeding 3 to 4 feet, and then trimming the slopes back to the compacted inner core. Benchin& Compacted fills placed on natural slope surfaces inclining at 5: I or greater (horizontal to vertical), should be placed on a series of level benches excavated into competent native soils or bedrock. Benches should be at least 1.5 times the widths of the excavation and compaction equipment, and provided at vertical elevations of 3 to 4 feet. PRELIMINARY Pt\YEMENT SECTION RECOMMENDATIONS Based on an assigned tra£lic index of 8.5 for a major arterial by the City of Carlsh~ and the Resistance Value (R-Value) results, preHminary pavement section recommendations are presented hereafter. 5.0 Inches of Asphaltic Concrete Pavement on 6.0 Inches of Class II aggregate base on 12.0 Inches of compacted. subgrade -- LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 Page8 Subgrade soils should be properly~ smooth, and non-yielding prior to pavement construction. The subgrade soils should be compacted to at least 95 percent of ASTM Dl557-91. Ally areas of soft or spongy soils should be removed and replaced with compacted fill. Class II aggregate base materials should conform to Section 200-2 of the Standard Specifications for Public Works Construction (Green.book), or California Standard Specifications. The materials should be brought to a near optimum moisture then compacted to at least 95 percent of ASTM Dl557-9l. Asphaltic concrete materials and construction should conform to Section 203 of the ••Greenbook''. Near the completion of grading, soils being used at or witbm the upper three feet of the proposed. subgrade elevation, should be reviewed. to determine if additional R-value testing may be appropriate. INVESTIGATION LIMITATIONS This report is based on the proposed project and geotecbnical data as described herein. Toe materials encountered on the project site, described in other literature, and utilized in our laboratory investigation are believed representative of the total project area, and the conclusions and recommendations contained in this report are presented on that basis. However, soils can Var'f in characteristics betWeen. points of exploration, both laterally and vertically, and those variations could effect the conclusions and recommendations contained herem. As~ observation and testing by a geotechnical consultant during the construction phase of the project are essential to confirming the basis of this report. To provide the greatest degree of continuity between the design and construction phases, consideration should be given to retaining Petra Geotechnical, Inc. for construction services. LINTVEDT, McCOLL & ASSOCIATES April lS, 1999 J.N. 177-99 Page9 This report bas been prepared consistm with that level of care being provided by other professionals providing similar services at the same locale and in the same time period. The contents of this report are professional opinions and as such, are not to be considered a guarmty or Wall'3Ilty. This report should be reviewed and updated after a period of one year or project concept changes from that described herein. Senior Associate Engi·~:; R.C.E. 42204 Distribution: (S) Submitted -- APPENDIX A 0 i .... ~<' -<:::::::? DRAWING NOT TO SCALE Approximate Stations Southbound Travel Lane North Cartsbad Blvd. T'" ~ ~ .... Emergency Parking Lane I .... § 0 ~ (/) Cl) g.g> ::l ·c: gco ca co • PETRA GEOTECHNICAL, INC. · OWG. BY: RJR DATE: 4-15-99 JOB NO. 177~99 PIJ\TE NO. 1 TEST PIT LOG Project: Ponto Beach ParkiDC Location: Carlsbad Btvd. at Ave. Encinas Job No.: 177-99 I Cliem: Limvedt, McColl & Assoc. Method: Hand Dag I Driving Weigbc Depth Llth- (Feet) ology Material Description •1: . : EILL : :: ~ ~. : Si]cy Sand CSJ\IQ· Dark brown; dry m slightly moist: medium l:: : dense to dense: 1-2" layer of sand and gravel on surface; ,._ 1 -{ ~J rrash ~ debris (glass, plastic bag. paper; occasional cobbles r. . . . · • to O. 6.:) ft. t· ·.· . : @0.65 Feet:Moderate brown: dry; medium dense. ; ~ ~ Sand CSP)· Gray; dry to slightly moist; loose to medium' j dense with depth. I ~1..Tiurv 'lC Sjlty Saacisrone (SM)· Light to reddish brown: / dry; hard. Total Depth = 1.8 Feet Slight Caving from 1.1 co 1.4 Feet No Ground Water Petra Geotechnical, Inc. I Test Pit No.: HP-1 Elevarion: 24 Dare: 3119199 I LogpdBy: RJR w Samples I.abomory Tem a Blows t Per e r Foot CB 0 U r 1 e k T ,t::: •... •... _ .. Moismn: Dry Other Comcm Density Lab (%) (per) TestS R PLATE A-1 - TEST PIT LOG Project: Ponto Beadl Parking Test Pit No.: BP-lA Location: Carlsbad Bmi. at Ave. Enciuas Job No.: 177-99 Method: E%pOHd Sk>pe Deprh (Feet) Lith- ology ·-·t.EILL Driving Weight: Material Description -. : : l: See descriptions m HP-1 -l -.... .... ~--: t:::.. . ....:1BEP80CK -2 ~ •.,...=1 Silty SaDdSTODc· See description in HP-1 ~.~ ~ r-=~ F.:: __; I Elevation: I Oare: I LoggedBy: w ~ a Blows CB t Per ou e r l rFootek -- -- -3 --1=: ~ ~ -__; 1 1 ' I -----! . .:3 I :-- ._ 5 -6 -7 -8 ._ 9 ~------------------------------------_\ §: j CJaye.y Samismne· White to light grey; dry; moderareiv , ~~hard. . ~;· ~.--.'. -·~ -, § ~~ -------------------------------------_, ~ g SiJty SaudSTODc· Moderate brown; dry, moderately hard to l . :J hard; with gravel and cobbles. . ==l -·--_, r= ---=⇒ ~:--, [;=: :§ 1·-·.,.... F= =l ~·~ liJ ~ Conrinued Ne:cr Page Petra Geotechnical, Inc. -- -- -- -- - -- 3/19/99 RJR Laboramey Tesu Moismre Dey Other Coman Density Lab (%) (per) Tests PLATE A-:: TEST PIT LOG Project: Ponto Beach Parking Test Pit No.; BP-lA Location: Carlsbad Bll'd. at AYe. Enc:ina1 E1evarion: Job No.: 177-99 I Cliem: Liat'Yedt, McColl & A1soc. I Date: 3119199 Method: Exposed Slope I Driving Weight: I Logged By: RJR ' w Samples Labomory Tesu ! Material Description a Blows C B Moisture Dry Other i Depth Lith-t Per 0 u Comem Density Lab e r I I {Feet) ology r Foot e le (%) (pcf) Tesu ,~-=i Silrv --~ (com.) b::.. =i . ~ . :, t:~ -----~, ....... , ... ,.... 11 ......;z:... ---l --.-... --, ~"".'-"t ~-:, r------~~· --,_,_ --· ,_ 12 ~~ I I r-- I I ' I I Exposed Slope Height = 12+/-Feet i l i ' I ' ' I ' I i I i I I I I ! ! i I ' ,-- PLATE A-3 Petra Geotechnical, Inc. .- --- TEST PIT LOG Project: Ponto Beach Plrkiq I Test Pii No.: BP-2 Location: Carlsbad Bmi. at Aft. Encinas Elevation: 16 Job No.: 177-99 Client: Linrvedt, McColl & Assoc. Date: 3/19/99 Method: Hand Dag Driving Weight: I Logged By: RJR w Samples Labomory Tests Maierial Description a Blows C B Depth Lith- (Feet) ology ! Per ~y rFootek ,. ·1 fj.BLL j I:'.·: :-r:L Silry Sam (SM{SP)· Light Brown to gray; dry; loose. w)i:1. -~~-~ ~~: _D_a:k_b~.: ~~g!!1!y_~~~;-~:·_ -------_:, , '. · /1 Aspbatnc Cmx:rcxc· Dark brown to black; dense; petroleum ' ._ 1 ~y--;,....T .. • aroma. ) · · 1·\·l·II'· ------------------------------------• B. · ,:j Clayey SaIJd (SC)· Moderate brown; slightly moist; medium -~ dense; trace to some gravel. ._ 2 1 : 1 Aspbaltic Cancrcxc· Dark brown-to black;-dense; petroleum -1 ~ ~l -~0 ~:. --M.n ------,. ---------.----------I , 1 Silty Sand i»n.,· Dark reddish brown: moist: medium dense l \ to dense. l I ! NA Tl I I.I 4. J r-:u• JI IN 11 j II ! ' ! Gcave!ly Sand (SP1GP)· Light to moderate brown; slightly j 1 , moist: loose to medium dense. f I Total Depth = 2.3 Feet Slight Caving from 1.4 Feet No Ground Water Petra GeotechnicaJ, ·inc. ! ---rj ·=·i ::: :-:1 "t Moisture Dry Other Content Density Lab (%) (per) Tesu I 9.2 125.1 R : I i ! 1 ! I ' PLATEA~ -- APPENDIXB -- SAMPLEi 1 CARL.SJAD BDUL£VARD, STATillt 166+40, LT, IRDVN TD REDDISH 1R1Mt SJLTY SANDSTCNE TEST SPtCIMAN DATE TESTED i~ Cortpa.c:-tor Air p.........,.. psi Ini'tla.l Mo~• % _c ~ a.t Cortpa.C'tlon % u (.) It-"'! Br~ He1Qh1: In. '-D-,,stty pct EXUDATION PLRESSURE psi E:XPANSICN PRESSURE DIAL Ph a. t 1000 pouncls psi I IX =~ Ph a.t 2000 pounds psi ~~ Dlspla.c:er.r,-t t\rns 'R' Va.Lu• CORRECTED 'R' VALUE G~A[N SIZE DISTRI:BUTICIN SIEVE AS RECEIVED AS n:sm 3 2-1/2 2 1-1/2 1 I 3/4 1/2 I 3/8 lt4 lt8 lt16 330 lt50 I ltlOO #200 .05Ml"I .00:51'11'1 .0011'11'1 LIQUID LIMIT PLASTIC LIMIT F'LASTIC!TY INDEX SAND EQUIVALENT I A I C -4-9-99 -4-9-99 +-9-99 3~ 320 3111 7,1 7,1 7,1 16.ll 12.6 14.2 2.60 2.51 2.SO 116.2 122.9 123.3 80 336 163 .0000 .0012 .0000 30 26 22 S6 ~ ~ S.78 s.as S.90 44 56 S4 47 56 S4 'R' VALUE AT 300 PSI EXUJIATIDN PRESSURE ._ss __ _ 10 90 80 70 60 ~ ~ > so 40 30 20 10 a 800 00 600 00 400 300 · D E 00 100 0 ----------------------------,----------------------! PONTO BEACH PARKING e PETRA GE □TECHNICAL; INC. D'w'G. BY: RSH DATE: 4-13-99 JOB NO.: 177-99 PLATE NO. 1 SAMPLE, 2' CARI.DAD BQULEVARD, $TAT'lllf 163+00, LT. TD MDI. JRO\IN, GRAVELY SAND TE:$T SPECIHAN DATE: TEST£ll -Cortpo.C'tor Air Pr.ssur. ! psi i~ Inl'tlo.l ~ X u~ Ho~ a.'t Cartpo.C'tlon X !ti Brqu•tt• H.igt,t In. "'< i.. D•nstty pcf EXUDATION PLRE:SSURE psi EXPANSION PRESSURE DIAL Ph a. 't 1000 pcuncls psi I 1¥ =~ Ph a.t 2000 pounds psi =w ~a Dlsala.cal'l•nt turns 'R• Va.lu1t CCRRE:CTE:D 'R• VALUE GRAIN SIZE DISTRil!UTIDN SIEVE I AS RECEIVED AS TI:STE!l 3 \ 2-1/2 I 2 1-112 I l 3/4 I 1/2 I I 3/8 I I lt4 lt8 I I lt16 330 I I #SO I I ltl00 I I 1t200 I I .osr,"' I I .00Sr,r, I .0011"11"1 LIQUID LIMIT PLASTIC l.IMIT PLASTIC:TY INDEX SAND E:QUIV ALENT I A B C D E 4-9-99 4-9-99 4-9-99 200 ao 160 2.2 2.2 2.2 13.6 ,.a 6.6 2.60 2.70 ~ U9.0 117.0 123.8 80 -438 800 ,ODDO .ooao .0000 18 20 13 3-4 38 26 5.75 5.3D ~ 61 62 70 63 66 70 •R• VALUE AT 300 PSI EXUDATIDN PRESSUR£ .•. _6_-4 __ _ I 1 90 80 70 60 40 30 20 10 0 800 00 600 00 '400 300 00 LOO PONTO BEACH PARKING a -PETRA GE □TECHNICAL; INC. Dw'G. BY: RSH DATE: 4-13-99 ! I JOB NO,: 177-99 PLATE NO. 2 .- APPENDIXC ,.-- - - - LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 STANDARD GRADING SPECIFICATIONS These specifications present the usual and minimum requirements for projects on which Petra Geotechnica.4 Inc. is the geotechnical consultant. No deviation from these specifications will be allow~ except where specifically superseded in the preliminary geology and soils repon, or in other written communication signed by the Soils Engineer or Engineering Geologist of record. I. GENERAL A. The Soils Engineer and Engineering Geologist are the Owner's or Builders' representative on the Project. For the purpose of these specifications, participation by the· Soils Engineer includes that observation performed by any person or persons employed by, and responsible to, the licensed Civil Engineer signing the soils report. B. C. All clearing, site preparation, or earthwork performed on the project shall be conducted by the Contractor under the supervision of the Soils Engineer. It is the Contractor's responsibility to prepare the ground surface to receive the fills to the satisfaction of the Soils Engineer and to p~ spread. mix, water, and compact the till in accordance with: the specifications of the Soils Engineer. The Contractor shall also • - LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 remove all material considc:red unsatisfactory by the Soils Eng:inet'!t'. D. It is also the Contractor's responsibility to have suitable and sufficient compaction equipment on the job site to handle the amount of fill being placed. If necessary, excavation equipment will be shut down to pen:nit completion of compaction. Sufficient watering apparatus will also be provided by the Contractor. with due consideration for the fill matcri~ rate of placement, and time of year. E. A final report shall be issued by the Soils Engineer and Engineering Geologist attesting to the Contractors confomiance with these specifications. II. SITE PREPARATION A. All vegetation and deleterious material shall be disposed of off site. This removal shall be concluded prior to placing fill. B. Soil, alluvi~ or bedrock materials determined by the Soils Engineer as being unsuitable for placement in compacted fills shall be removed from the site. Any material incorporated as a part of a compacted fill must be approved by the Soils Engineer. C. After the ground surface to receive fill has been cleared, it shall be scarified, disced, or bladed by the Contractor until it is uniform and free from ruts, hollows. hummocks, or other an.even features .-LINTVEDT~ McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 D. E. which may prevent uniform compaction. The scarified ground surface shall then be brought to optimum moisture, mixed as required, and compacted as specified. If the scarified zone is greater than 12 inches in depth, the excess shall be removed and placed in lifts restricted to 6 inches. Prior to placing fiR the ground surface to receive fill shall be inspected, tested, and approved by the Soils Engineer. A.ny underground structures such as cesspools, cisterns, mining shafts, tunnels, septic tanks, wells, pipe lines, or others are to be removed or treated in a manner prescribed by the Soils Engineer. In order to provide uniform bearing conditions in cut-fill trmsition lots and where cut lots are partially in soil, colluvium, or unweathered bedrock materials, the bedrock portion of the lot extending a minirn1Jill of 3 feet outside of building lines shall be over excavated a minimum of 3 feet and replaced with compacted fill. (Typical details are given on Plates SG-1.) m. COMPACTED filLS A. Any material imported or excavated on the property may be utilized in the fill, provided each material has been detemrined to be suitable by the Soils Engineer. Roots, tree branches, and other matter missed during clearing shall be removed from the till as directed by the Soils Engineer. LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 B. Rock fragments less than 6 inches in diameter may be utilized in the fill, provided: C. 1. They are not placed in concentrated pockets. 2. There is a sufficient percentage of fine grained material to surround the rocks. 3. The distnbution of rocks is supervised by the Soils Engineer. Rocks greater than 6 inches in diameter shall be taken off site, or placed in accordance with the recommendations of the Soils Engineer in areas designated as suitable for rock disposal. (A typical detail for Rock Disposal is given in Plate SG-2). D. Material that is spongy, subject to decay, or otherwise considered unsuitable shall not be used in the compacted fill. E. Representative samples of material'to be utilized as compacted fill shall be analyzed by the laboratory of the Soils Engineer to detemrine their physical properties. If any material other than that previously tested is encountered during grading, the appropriate analysis of this material shall be conducted by the Soils Engineer as soon as possible. F. Material used in the compaction process shall be evenly spre~ .•- . - LJNTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. l'TT-99 watered processed, and compacted in thin lifts not to exceed 6 inches in thickness to obtain a unifomtly dense layer. The fill shall be placed and compacted on a horizontal plane, unless otherwise approved by the Soils Engineer. G. If the moisture content or relative density varies from that required by the Soils Engineer, the Contractor shall reworlc the fill until it is approved by the Soils Engineer. H. Each layer shall be compacted to 90 percent of the maximum density in compliance with the testing method specified by the controlling governmental agency. (In general, .ASTM D-1557-91, the five-layer method will be used.) L J. If compaction to a lesser percentage is authorized by the controlling governmental agency because of a specific land use or expansive soils condition, the area to receive fill compacted to less than 90 percent shall either be delineated on the grading plan or appropriate reference made to the are:i in the soils repon. All fills shall be keyed and benched through all topsoil, colluvi~ alluvium or creep material, into sound bedrock or fum material except where the slope receiving fill exceeds a ratio of five horizontal to one vertical, in accordance with the recommendations of the Soils Engineer . The key for hillside fills should be·" m:in:irnlJlil of 15 feet in width and within bedrock or firm materi~ unless otherwise specified .-· - .--- LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 in the soils report. (See detail on Plate SG-3). K. Subdramage devices shall be constructed in compliance with the ordinances of the controlling govemmental agency, or with the recommendations of the Soils Engineer or Engineering Geologist. (Typical Canyon Subdrain details are given in Plate SG-4.) L. The contractor will be required to obtain a minimum relative compaction of 90 percent out to the finish slope face of fill slopes. buttresses, and stabilization fills. This may be achieved by either overbuilding the slope and cutting back to the compacted core, or by direct compaction of the slope face with suitable equipment, or by any other procedure which produces the required compaction. M. All fill slopes should be planted or protected from erosion by other methods specified in the soils report. N. Fill-over-cut slOl)es shall be properly keyed through. topsoil, colluvium or creep material into rock or fum materials, and the transition shall be stripped of all soil prior to placing fill. (See detail on Plate SG-7.) IV. CUTSLOPES A. The Engineering Geologist shall inspect all cut slOl)eS at vertical intervals not exceeding 10 feet. B. If any conditions not anticipated in the ~Iirniuary report such as --, UNTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 perched water, seepage, lenticular or confined strata of a porem:iaJJy adverse ~ unfavorably inclined bedding, joints or fault planes are encountered during grading. these conditions shall be analyzed by the Engineering Geologist and Soils Engineer, and recommendations shall be made to treat these problems. (Typical details for stabilization of a portion of a cut slopes are given in Plates SG-5 and SG-8). C. Cut slopes that face in the same direction as the prevailing drainage shall be protected from slope wash by a nonerodible interceptor swale placed at the top of the slope. D. Unless otherwise specified in the soils and geological report, no cut slopes shall be excavated higher or steeper than that allowed by the ordinances of controlling governmental agencies. E. Drainage terraces shall be constructed in compliance with the ordinances of controlling governmental agencies, or with the recommendations of the Soils Engineer or Engineering Geologist. V. GRADING CONTROL A. Observation of the fill placement shall be provided by the Soils Engineer during the progress of grading. B. In general, density tests should be made at interVals not exceeding 2 feet of fill height or every 500 cubic yards of fill placement. This criteria will vary depending on soil conditions and the size of the .-LINTVEDT, McCOLL & ASSOCIATES April 15, 1999 J.N. 177-99 job. In my event, an adequate number of field density tests shall be made to verily that the required compaction is being achieved. C. Density tests should also be made on the surface material to receive fill as required by the Soils Engineer. D. All clean.outs, processed ground to receive fill, key excavations, subdrains, and rock disposals must be inspected and approved by the Soils Engineer or Engineering Geologist prior to placing any fill. It shall be the Contractor's responsibility to notify the Soils Engineer when such areas are ready for inspection. VI. CONSTRUCTION CONSIDERATIONS A. Erosion control measures, when necessary, shall be provided by the Contractor during gradmg and prior to the completion and construction of permanent drainage controls. B. Upon completion of grading and tcmrination of inspections by the Soils Engineer, no further filling or excavating, including that necessary for footings, foundations, large tree wells, retaining walls, or other features shall be performed without the approval of the Soils Engineer or Engineering Geologist. C. Care shall be taken by the Contractor during final grading to preserve any berms, drainage terraces, interceptor swales, or other devices ofpennanent namre on or adjacent to the property. .--CUT LOT UNSUITABLE MATERIAL EXPOSED IN PORTION OF" CUT PAD ------------~iERlAL e:,DROC~ ------uNSUli ABLE \ilE.A il-1E.RE.D B - ---~ COL\.UVlU~, ---iOPSOlL, --S' ---PROPOSED GRADE ------, (D) ~DR 5' MIN. COMPACTED. F'ILL CF) I (D) -~~~~..,____,_t _.-COMPETENT BEDROCK DR APPROVED FOUNDATION MATERIAL --TYPICAL BENCHING OVEREXCA VA TE AND RECOMPACT DEPTH OF FILL <F) FOOTING DEPTH TO 3 FEET 3 TO 6 FEET DEPTH OF OV;!<EXCAVATION (D) EQUAL DEPTH 3 FEET GREATER THAN 6 FEET ONE-HALF THE THICKNESS OF FILL PLACED ON THE "F'1LL • PORTION <F) TO 15 FEET MAXIMUM. COMPACTED FILL CUT-FILL TRANSITION LOT S' ---------=--PROPOSED GRADE --__ .-.- ~~\j~• __.\'-• ct1'-;~Jl~.9-c)S..- 1of>S~""t?.~ - ~~-.,..r:;...---' COMPETENT BEDROCK OR --------...,~,---~ APPROVED FQUNDA T!□N MATERIAL --- TYPICAL BENCHING ORIGINAL ~GROUND --------(D) DR S' MIN. OVEREXCAVATE AND RECOMPACT -1---------------------------------------, PONTO BEACH PARKING • PETRA GE □TECHNICALJ INC. D\JG. BY: RSH 1----------+--------DATE: 04-15-99 JOB NO.: 177-99 PLATE SG-1 TYPICAL ROCK DISPOSAL DETAIL F"INISHED GRADE: CLEAR AREA F'OR F'OUNDA TIONS, UTILITIES, AND S'\JIMMING POOLS SLOPE F'ACE ~ 15' \_ \JINDRO\J STREET 5' OR BELO\J DEPTH OF" DEEPEST UTILITY TRENCH, \JH[CHEVER IS GREATER TYPICAL 'w'INDRO'w' DETAIL <END VIE'w') HORIZONTAL PLACED COMPACTED F'!LL 6 TO 8 INCH LIF"TS GRANDULAR SOIL F'LO□DED ro F'ILL VOIDS PROFILE VIE'w' PONTO BEACH PARKING • PETRA GE □TECHNICALJ INC. D'w'G. BY: RSH DATE: 04-15-99 JOB NO.:177-99 PLATE SG-2 FILL SLOPE ABOVE NATURAL SLOPE F"INISHED GRADE TOE OF SLOPE AS SH□~N COMPACTED F"ILL ON GRADING PLANS 7 ----- ~--~~~"-oc'{.. ~---~ ./ ,.,_,y..~"----- _.,/' '-fl~~ ---, ---.J \ \j¥'-' .,,..., --e,0~~\j --~\_---- sO\~• / -,o'? / TYPICAL BENCHING / __ .,..,,. t _.,::.-1--------~=--"" ✓-. l t:1 PROJECTION r ~:i;~:1~l~Ul~T-H ___ _ 2' MIN. DO'w'NSLOPE KEY DEPTH COMPETENT BEDROCK OR APPROVED FOUNDATION MATERIAL NOTE: \../HERE NATURAL SLOPE: GRADIENT IS S:1 OR LESS. BENCHING IS NOT NECESSARY; HO'w'EVER, F'ILL IS NOT TO BE PLACED ON COMPRESSIBLE OR UNSUITABLE MATERIAL. PONTO BEACH PARKING e PETRA GEOTECHNICAL) INC. Dw'G. BY: RSH 1---------+---------1 DATE: 04-15-99 JOB NO.: 177-99 PLATE SG-3 TYPICAL BENCHING CANYON SUBDRAIN DETAIL 21/. SEE DETAIL BELO'w' COMPETENT BEDROCK OR APPROVED FOUNDATION NOTE: FINAL 20 FEET OF' PIPE AT OUTLET SHALL BE NON-PERFORATED I --------,i---I • ... ., 4 • <I# • I-• ~-.. -. +-FILTER MATERIAL-MINIMUM OF' 9 ., DEPTH AND BEDDING MAY VARY \./ITH PIPE AND LOAD • CHARACTERISTICS 4 ., . • . ., . CUBIC FEET PER LNEAL FOOT . SEE PLATE SG-6 FOR FILTER MATERIAL SPECIFICATIONS. AL TERNA TE [N LIEU OF 4 • FILTER MATERIAL 9 CUBIC F"EET PER LINEAL F"OOT OF □PEN-GRADED GRAVEL ENCASED IN FILTER FAaRIC SEE PLATE SG-6 FOR GRAVEL SPEC IFICA TtONS. FILTER F"ABRIC SHALL BE MIRAF'I 14.0N OR APPROVED EQUAL. MINIMUM 6-[NCH DIAMETER PVC SCHEDULE 40 OR A BS SCR-35 \./ITH A MINIMUM OF' 16 PERFORAT!ONS PE:R LINEAL F"OOT IN BOTTOM HALF' Or PIPE. PIPE TO BE LAID \./ITH PERF'ORA TI□NS D□VN. FOR CONTINUOUS RUNS IN EXCESS OF' SOO FEET USE 8-INCH DIAMETER PIPE. PONTO BEACH PARKING • PETRA GE □TECHNICAL, INC. D'w'G. BY: RSH 1----------;----------l DATE: 04-15-99 JOB NO.: 177-99 PLATE SG-4 ( FINISHED GRADE 2'MIN. BUTTRESS OR STABILIZATION FILL DETAIL TO TOP OF BACK CUT 7 lS' MIN. r rINISHED GRADE 4' SUBDRAIN 1 I ~~ 30' MAXIMUM SPACING <IJ~ 4' SUBDRAIN -l..· l ~?-' ' -.;.-:-. 2% MIN. 'V.c..,; <., SEE DETAIL PLATE SG-6 TYPICAL BENCHING 1 I ~ \./IDTH VARIES <1S' MIN.) ------~\ NOTES: 1. MAXIMUM VERTICAL SPACING OF PERFORATED PIPE OF 30 F'EET. 2. MAXIMUM HORIZONTAL DISTANCE BET\./EEN NON-PERF"ORATED PIPE OF 100 F"EET. 3. MINIMUM GRADIENT Or rvo PERCENT OF ALL PERF"ORATED PIPE AND NON-PERFORATED OUTLET PIPE. OUTLET PIP£ <TYPlCAU PERF"ORATED PIPE <TYPICAL) PONTO BEACH PARKING • PETR A GEO TECHNICAL J INC. 1-D_'vl_G._B_Y_: _R_S_H --+-D_A_TE_: _0_4_-1_5_-_99__, JOB NO.: 177-99 PLATE SG-5 BUTTRESS OR STABILZATION FILL SUBDRAIN SLOPE , , APPROVED F'IL TER MATERIAL. , 5 CUBIC F'EET PER LINEAL F'OOT. / \JITHOUT F"IL TER F"ABRIC, 3 CUBIC / FEET \JITH F' ABRIC ~ I ,' 4-INCH PERF'ORATED PIPE \JITH c:::::::::=:t::==---=::::;::c;;=%=M=::;N:::. =''==Df------PERF'ORA TIONS DO\JN. MINIMUM 2% GRADE TO OUTLET PIPE. A 4-INCH N□N-PERF'ORATED PIPE . ._ __ MINIMUM 2X GRADE TO OUTLET. -------i-----APPROVED ON SITE MATERIAL PER SOILS ENGINEER 12• MIN. COMPACTED TO A MINIMUM OF 901/. MAXIMUM DENSITY . .J_..__~~----4-INCH NON-PERFORATED PIPE -••~112• MINt-- SECTION A-A PIPE SPECIFICATIONS 1. 4-INCH MINIMUM DIAMETER, PVC SCHEDULE 40, OR ABS SDR-35. 2. MINIMUM 16 PERFORATIONS PER FOOT ON BOTTOM ONE-THIRD OF PIPE. FILTER MATERIAL SPECIFICATIONS CLASS 2 PERMEABLE FILTER MATERIAL PER CAL TRANS STANDARD SPECIF"ICATION 68-1.025 SIEVE SIZE 1-INCH 3/4-INCH 3/8-INCH NO. 4 NO. 8 NO. 30 NO. SO NO. 200 CLASS 2 PERCENT PASSING 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 AL TERNA TE: OPEN GRADED GRAVEL ENCASED IN FILTER FABRIC. <MIRAF"I 140N OR EQUAU OPEN-GRADED SIEVE SIZE 1 1/2-INCH 1-INCH 3/4-INCH 3/8-INCH NO. 200 PERCENT PASSING 88-100 S-40 0-17 0-7 0-3 PONTO BEACH PARKING -PETRA GEOTECHNICALJ INC. D\./G. BY: RSH DATE: 04-15-99 JOB NO.: 177-99 \PLATE SG-6 L 0 to z 0 ...... ......., ......., I '° '° -0 r l> -i Pl (/) Cl I ......., • -u f'l --j ;() l> C) f'l D -I r7 n I z t--t n ]> r '- t--t z n t::I < Cl to -< Al (/) I t::I ]> -i Pl .. 0 .t:,. I ...... Ul I '° '° -u D z -I D to fT1 ]> n :c -u l> ;o A 1-t z Cl FILL SLOPE ABOVE CUT SLOPE COMPACTED FILL CUT/FILL CONTACT Slt[)\.IN [)N GRADING PLAN ----------REMOVE ALL TOPSOIL, COLLUVIUM, ~ ---OR CREEP MATERIAL FROM TRANSITION SHO\.IN ON "AS-BUILT" NATURAL TOPOGRAPHY~ -------- ---------CUT -~ --ttf> / -----RC~ ?---_, , ""\\11'1• O ----TYPICAL .. 1 cO~~ -------------;c--- 1 1orsol'-• 1-----.- ------- •-15' MINIMUM_., OR PER SOILS ENGINEER VARIEs 10' TYPICAL BEDROCK OR APPROVED FOUNDATION MATERIAL • -0 ..... r7 er, N --I ,-. N ""Tl ..0 N /V ....,, <J1 ]> .i:,. VI < 00 l> ...... <J1 Z D C) I :;o wo r r7 <J1 ..... t:J ori D N Cl -t -I □ ;o 'T'\. l> Pl ]> n t:J n >< l> r, ---. C o I ~~ ~ z '° . n. < t---i ~ .... r, n ru • ~ .... oo ru v, ]> <.n CX) C I I ,..... (D -t ... ru ri .... (JI O t---i L t:1 D < txJ Cl z n z txJ 1-u D -< D z ,...... ;;o 1-1 '-' Vl D " I I txJ '° Pl '° ]> n ~t:1 I r l> ]> --; -0 --; f'l 1> Pl :::0 o 7' (/) ~ t--i Cl I z I ,...... C) 00 UI I '° '° ---------- ---------- STABILIZATION FILL DETAIL NATURAL TOPOGRAPHY ------ ---- ...-\J FINISH GRADE ----I --TYPICAL,._I --"'p.SS ----ut-lS1 P.~ ----VARIES 10' TYPICAL COMPACTED FILL I _., BEDROCK OR APPROVED FOUNDATION MATERIAL NOTE1 1. SUBDRAINS NOT REQUIRED UNLESS SPECIFIED. e. ·\r SHALL BE EQUIPMENT WIDTH (15') f'OR SLOPE HEIGHTS LESS THAN 30 fEET f'OR SLOPE HEIGHTS GREATER THAN 30 fEET, •w• SHALL BE DETERMINED BY THE PROJECT SOILS ENGINEER -- SHEAR KEY ON DAYLIGHT CUT LOTS PROPOSED CUT LOT ~ COMPACTED FILL r EXISTING T□P□GRAPHY r PROPOSED DAYLIGHT CUT RECONSTRUCT AT 1.5:1 OR FLATTER w l ' NOTE: ''\,/' SHALL BE 10 FEET OR AS DETERMINED BY THE PROJECT SOILS ENGINEER ~ p ET RA GED TECHNICAL) INC' I--_P_□_N_T□_B_E_AC..,...H_PA_R_K_IN_G_----4 12225 \./ORLD TRADE DRIVE, SUITE 0 SAN DIEGO, CALIF. 92128 <619) 485-8502 FAX <619) 485-8215. Dw'G. BY: RSH DATE: 04-15-99 JOB NO.: 177-99 PLATE SG-9 -- Appendix 11 C" Regional Standard Drawings, 1997 Ed. Standard Drawing Title Asphalt Concrete Spillway Rip-Rap Energy Dissipater Dikes, Asphalt Concrete Std. Dwg. No. D-22 D-40 G-5 Caltrans Standard Drawings, 1992 Ed. Standard Drawing Title Pavement Markers and Traffic Lines Typical Details Contract No. 3618 Std. Dwg. No. A-20B .I _. ! '$ = e .i c.:i < Transition from berm ta ditch action. Transition from berm ta ditch action. NOTE Top of Bann .5 e SECTION. A-A 34H nin I Cross· Sl!C'tional ara of ditch may be rounded. or na,ezaidal. PLAN NOTES 1. A.C. spillway may be mad when fill is 10" or Im, and where fill st0111 is 1 T /2: 1 or flatter. 2. Use tlJ" min. length of gutter transition on each side of dawndrain in sag mndilion • SECTION B-B Type B A.C. Benn r A.C. AL TERNA TE SECTION B-8 LEGEND ON PLANS .... -r-::::::::-:-=-:--------,------------,_,,_-r--r--__J R1co-111010 ,,. r111 SAN a11Go SAN E Rewisian By A--o-RIGID"-'l ffMDAIIOS co-rrnt DI GO REGIONAL STANDARD ORAWING ..... ,..v..... • ... C!? /.:-.~ «Z.t:. /~S c.............. .. t t :2101 a_. DRAWING NUMBER D-22 Plan P. S. ASPHALT CONCRETE SPILLWAY ~ ,,. .. ,---· B :!I: N ; = N C: e 5! :!I: .... .. 0 = .... REC0-111010 I" TN( SA"· OllGC REGIOh&l $TAll04ROS CD■IIIITTU ~1/;,· ~,, --~ ..-~s ": ·. .• . ;.. ~ t .... ~•·1 DRAWING NUMBER 0-40 2D or 'IW (mm.) 6"" wide slot 30 or 3W PLAN SECTtON B-B Emlwall (tyo.) -= 1 5 6 .. NOTES: D • ,-Dlamlttr W • Bottom Width of Chlnntl .5T (min.) Flow Filttr Blanklt Sill, a. 420-C-2000 Concrete SECTION A-A 1. Plans shall specify: Al Roclt elm and thickness m. B) Filter material. number oi layers and thickness. 2. Ri11 rao stllll be tither quarry stont or broken concme (if shown on me plans.) Cobbfts .. not aci:eptltllt. 3. Rip rap shall be placed ovtr a filter blanket which mav be tither granular mamrial or plastic filter cloth. 4. See standard special provisions for selection of rip rap and filter btlnktL 5. Rip rap energy dissipators shall be designated as eirhtr Type 1 or Type 2. Type 1 shall be with concrete silt~ "rype 2 shall be without sill. SAN DIEGO REGIONAL STANDARD DRAWING Revision By Approved Datt Sill, filttr <H<t,B. tP•tz. RIP RAP ENERGY DISSIPA TOR .. ) --. . . ~--3• ~r3• I 11· I TYPE A-SECTION ·--, 6" f-~~-: ~ I 2H + 6'" -/ "T)'FE C-SEC110N . I ,· I R=l" ::c: Height s•. s•, or 9• as indicated on plans TYPE S-S£CTION 'NPE D-SEC110N ,·-a- R=1:... I ~-+ _L~//L'LL/}. 7.,..Level I T1 ,._4.. ~ i,--___ 2_·-_2· __ ----il I n'PE E-SEC110N Slope end of dike 1: 1 when not joining other improvement:s ALL TYPES -SIDE VIEW NOTES: 1. Dike is to be pieced on a rninimum 2" of A.C. road surfacing, extending throughout the width of the dike. 2. AR-8000 grade asphalt to be used for all dikes. TYFE F-SEC110N APPROX. DIKE QUANTITIES TYPE TONS/UN. FT. A. o.ozso a 0.0.375 C-o• O.OJ75 c-a· 0.058.J c-g• 0.0702 D 0.0062 E 0.0194 F' 0.04~2 3. A.C. dikes moy be shoped end compacted with an extrusion machine or other equipment ccpoble of shaping and compacting the material to the required cross section. SAN DIEGO REGIONAL STANDARD DRAWING DIKES -ASPHALT CONCRETE LEGEN.Q ON PLANS Type A Dike lt~D l'I' T11E $&• OllAO UGIIIUl Sf.UOHGS ~lfflf aL/!1 ~ IJ'i.c. ms _.t.u..., iii. DRAWING G 5 NUMBER - ~ LEFT EOGELINES IOlvlded Hlghwoysl DETAIL 24 -_f_1:'' f -£o09 of traveled woy DETAIL 25 [2" ii <..... EdO• of L: -traveled way II -r I ••. ----' -2" . -Z" DETAIL 25A . .i ■ l ■ -~. -1--i.· · z•· --4 2 '--Edv-of travMd •oy DETAIL 26 c::::::£00• of trovNO wo1 _i_ -ii 11---"[2 .. -----·•· ----< DETAIL 27 Ill 2" - RIGHT EDGH IN£ ~ __ , .. DETAIL 27B 1:::::::;==:=:=::::=::=:::~-L ' ·~ Edt;e of trovNd woy RIGHT EDGELINE EXTENSION THROUGH INTERSECTIONS -DETAIL 27C~D DR I 12' 1 • 12' IZ' __.. -~-~-. 4f'--, ..._ ___ ___.:,_-l'-::._ - ~ ----- YARal"S II ITP( 0 l•o-woy Y.-Ow Refhlctlve 8 TYPf AT YelOw Non-r•tt•ctlve Cl I TP( H an.-woy Yelow Re fleet Iv• LINES c:=::i4"■hlte llili'lilllllll•"•-· ~ Olr•ctlon of lro ... e1 MEDIAN ISLANDS -~ DET All 2B .-z· w,,._ ..._~ -~ --24' am - illlll! -i-· !Li -,-., .. ili-1. _ .. 24'-- a ell 111__,:-2·· -... -, DETAIL 29-r; . ...,,_ ., .. ..._ -I" J. --·353 ,,J ii a a---,_2 .. --z4·---Z4·----4-.. ll0GlOOCG00CIU?,0f.l _i:l" DETAIL JO-,·· fil@0000&000001r.t -r 2' Mlnlmuin '-f:JC!H1>CU>81fl100080fJ ;r -l::1000CH)lllQ0B8011--r MARKER DETAILS 0,U" ·O.IQ" •• ~---' OJ2" 10.IJS" !" 0 R•flec1lv• foe• OJ~ NOIU 4,00'" ~~ .. ~ ~-l 0.40"·0.15";-J ~~~ ~-l TYPE D TYPE AY 4.00" t 0.12~" ;---:;_~· 0.40"·0.15" j ~~1~ :o ~/ .. _ _,_ TYPE H 1, Mlnhnum l>f"OIKted or•o of reflectlye toce • LOO square klGh l. R•t1ec,l¥e ftlOl"ker neeo not b• reGtGnQukr S. OHotlZlA d ... ted DETAIL 31 - -DETAIL 32 - -DETAIL 33 -- - DETAIL H NII CILlrlrY I IIOUfl M~ IIIGllfPUCM.~ TWO-WAY LEFT TURN LANES fot&&&MSSM¼ ¥·@, EmE - Ju111, ,,u "'---~~~ .. rJ• ___., &11111111=:!__a. -12·----Ji' ---,-12·-:---]6' ------t 111'·11:'! ~ -a1111111::=r-r ❖&.:O&>MS:-'-.".'-$3fxf}aB·M M SM&S❖~iJ t ---,-5 .. -----!Ii'-----------z•· ---2•· --. -24' ---z4•--'--24•---z.--.2 .. f3 13 II GI II II II..& .1 .. .,"' Ell IB'IR'III li1lll:lli!lil ■ •111111-____ , ....._ _,.. --11· ----J6·----12·----J1•----11:-.--111'-IZ't mam ■ l2lilmll -a=:i.-~»-®·i·&M&M·S·s %·,·i-Nfii _., ID a III a a a 11,,:r "' ----"' ---------' --z•·----24•---24•---24•-2.----2'·-m000~0ao0oee■eeeeoD0eeeo■oeeee■eeeee ■~r a OQOG OCU)G • eeee---.-L. ·-•·--11·--,2·--•··-'-11·--11:'--11·-0-·IZ"t 0080 II OOGO 0888 m_._-r eeo0Qo9ooooemeeee0mo0eeoaeeeeeaeeeeem~r :-------------------"'. - INTERSECTION TREATMENTS l"~ ,-~--•· -~~,:'."°-12•---11·-1._ · D C2mD Ill ..LC_!tl:c 2 & n a . ···-· ICIO' -------·.-•--24' ---z•·----24·--_, .. ! • • •·1-1: ..... D !111Ei1 8 &lllll!Cll---i; l" , .. _-Y-' II II II II ' _,.. --z•·-----z4•----z◄·--I DETAIL 34A , I --•-~----· · IOO't.Mnln1Un11···--------J:' -j . ---2·--·---Ji·--,..12·-:ii ~ c=m GIZZI E! __::.:· .. ii DETAIL 35 -.. '"t'/,--11'1,·+•• +ll'/,·-L~-fmll ::J Em m 111111111 13 '- z·· _¥-~~~\{§· W8-M·:>' . ·: --..,. --··-24'----~24"-~ -· IOI)'.,..._,._ ·--·· DETAIL 35A --·-11•-; l' f-, ____ &:S:::J lm:I llilll1 i--T~E-3·2.ZW:Z¥$<{M¥¼&·'. MM _,--'.· --····-· IOO'lllnlmuon --------....; ~· ,1 £' J i• v! I -11--12'_.__,.. _____ 12'_ ------ICIO'-.---~,- ,-Q'-· --]6·---IZ'------·-·-z4• ---24• --· .r· . . . ...... MM¾' sq ~/,~-j-1'/,~,}1111 B 111111 1 .. ICIO'-----·---- Em CEa 111111 • 1•.J..-11• ,_.; SUli 0/1 CAl.f'- O(P .. IIIEIII 0/1 1-IUO, PAVEMENT MARKERS AND TRAFFIC LINES TYPICAL DETAILS NO SCALE A208 (0 -4 0 ,, r-,. z ,. N i - Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Notice is hereby given that: 1868 ) ) ) ) ) ) ) ) ) ) 6}) DOC~ 2000-0415332 AUG 07. 2000 10:13 AM (ffICI{L REllRDS ~ DIEOO CDMTV RBXRl(R'S CFFICE IJEIIRV J. 1111TH, CDMTV REllRJll FEES: 0.00 1111111111 Ill I IU 2000-0415332 Space above this line for Recorder's Use NOTICE OF COMPLETION 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 June 15, 2000. 6. The name of the contractor, if any, for such work of improvement is Southland Paving, Inc. 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 Carlsbad Boulevard Parking at Ponto Beach Road Reconstruction, Project No. 3618. 8. The address of said property is within the limits of the City of Carlsbad. LLO B. HUBBS, P .. Pub Ic Works Director/City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on July 25 , 2000, 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 _J_u_l_y_2_8 ____ , 2000, at Carlsbad, California. OF CARLSBAD r RoJ e (7 3 h If