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HomeMy WebLinkAbout1987-06-16; City Council; 8984-1; La Costa AV mitigation project contractCIT' OF CARLSBAD - AGENr'- BILL I rGm p98Y-I/( TITLE: AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE LA COSTA AVE 06/16/87 MITIGATION PROJECT, NO. 3233 I DEPT. MP I NUE Adopt Resolution No. ?//& accepting bids, awarding Contract No. 3233 for the La Costa Avenue Mitigation Project to William J. Kirchnavy Construction, Inc., and transferring project funds. ITEM EXPLANATION: On May 5, 1987, the Carlsbad City Council authorized the advertisement for bids for the La Costa Avenue Mitigation Project, No. 3233. Three (3) sealed bids were received on June 3, 1987, as follows: 1. William J. Kirchnavy Construction, Inc. 2. Commercial Contractors, Inc. 3. Silberberger Engineers, Inc. $695,360 699,000 762,612 The Engineer's Estimate for the construction portion of this project is $675,000. References have been verified on the low bidder and staff recommends the award of this contract to William J. Kirchnavy Construction, Inc. All necessary right-of-way interests for both the La Costa Avenue and El Camino Real intersection improvements, as well as the accompanying Mitigation project, have been secured, Construction will begin on both projects in early July and conclude in early November. FISCAL - IMPACT: On September 23, 1986, the City Council appropriated $52,250 for the design of the La Costa Avenue Mitigation Project, No. 3233. On May 5, 1987, the City Council appropriated $750,000 from the Traffic Impact Fee Fund for the construction of the La Costa Avenue Mitigation Project, No. 3233. A summary of the estimated project costs is as follows: Project Construction Construction Contingencies (1 5%) Inspect ion Soils testing Project Administ rat ion Project Design $695,360 (est.) 104,304 (est.) 25,000 (est.) 10,000 (est.) 15,000 (est.) - 52,250 Total estimated project cost $901,914 (est.) Current Appropriations: $802,250 _".- Additional required project funding (rounded) $100,000 i Page Two of Agenda Bill No. mPq-*/ There is available surplus project funding in the La Costa Avenue and El Camino Real intersection improvement project, No. 3215, to enable a transfer of $100,000 to this project for construction contingencies, soils testing, inspection services, and project administration. Additional project funding from the unappropriated reserve is not required. Staff recommends the City Council approve a funds transfer in the amount of $100,000 from Project Account No. 133-820-1940-3215 to Project Account NO. 133-820-1840-3233. EXHIBITS : 1. Location Map 2. Resolution No. 7//6 accepting bids, awarding Contract No. 3233 for the La Costa Avenue Mitigation Plan to the William J. Kirchnavy Construction, Inc., and approving a funds transfer to the project account. LOCATION MAP BATlQUlTOS LAGOON LEGEND SITE i\\A MITIGATION AREA VICINITY MAP N. T. 1. DROJECT NAME LA COSTA AVENUE PROJ. NO* MITIGATION PROJECT I3233 EXHIBIT 1 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, AUTHORIZING CONTRACT NO. 3233 FOR THE LA COSTA AVENUE MITIGATION PROJECT, AND APPROVING A FUNDS TRANSFER WHEREAS, bids have been received by the City of Carlsbad for the La Costa Avenue Mitigation Project, No. 3233, and; WHEREAS, the low bid received for said project was submitted by William J. Kirchnavy Construction, Inc. in the amount of $695,360; and WHEREAS, after transfer of monies, sufficient fund9 will be available in the project account No. 300-820-1840-3233 to award this contract; and WHEREAS, additional funding is required to cover all related project costs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the transfer of $100,000 from Account No. 133- 820-1840-3215 to the project account No. 133-820-1840-3233 is hereby approved. 3. That Construction, /// /// /// /// / // the bid of $695,360 by William J. Kirchnavy Inc. for the La Costa Avenue Mitigation Project, 1 2 3 4 5 6 7 a 9 3.0 13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A No. 3233, is hereby accepted, and the Mayor and City Clerk are hereby authorized to execute a contract thereafter. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of June 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: (SEAL) w X3TY OF CARLSBAD MUNICIPAL PROJECTS DEPARTMENT CONTRACT DOCUMENTS 8i PROJECT SPECIFICATIONS FOR LACOSTAAVENUE MITIGATION PROJECT PROJECT .X 3233 i .- TABLE OF CONTENTS ITEM 7 PAGE - NOTICE INVITING BIDS P R OP 0 SAL BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE C 0 N T R AC-T LABOR AND MATERIALS BOND PERFORMANCE BOND GENERAL PROV I SI ONS SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS CERTIFICATION OF COMPLIANCE SPECIAL PROVISIONS APPENDIX - California Department of Fish and Game Permit 1 3 7 8 10 11 12 18 20 22 33 36 37 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until 3:OO PM on the 3rd day of June, 1987, at which time they will be opened and read for performing the work as follows: LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file with the City Clerk. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contracts Code Section 20170), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate range is $450,000 to $675,000. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. A total of seventy-five (75) calendar days is authorized to complete this project. In no case will grading work be authorized after September 30, 1987. -2- Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, Carlsbad, California, for a nonrefundable fee of $25.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The City of Carlsbad reserves the right to delay award of any or all bids for this project for a period of ninety (90) calendar days commencing with the date of bid opening. The Contractor expressly warrants that any and all bid prices for this project will not be increased as a result of potential delays in awarding this bid. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work. A prebid meeting will be held on Wednesday, May 27, 1987 at 11:OO a.m. at the City of Carlsbad's Community Development Building, Engineering Conference Room, 2075 Las Palmas Drive, Carlsbad, California. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent and fifty percent, respectively, of the Contract price will be required for work on this project. The contractor shall be required to maintain insurance as specified in the contract. Any additional cost of said insurance shall be included in the bid price. Approved by the Cit Council of the City of Carlsbad, by Resolution No. @@/c adopted on the -4- day of 1987. Date Aletha L. Rautenkranz, City Clerk -3- CITY OF CARLSBAD CONTRACT NO. 3233 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3233 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions 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. It em Description with Approximate Unit Price or Lump Sum Quantity Unit Price Written in Words & Unit -Price -TOTAL . Clearing and Grubbing, Mobilization and Traffic Control at dollars and cents lump sum. Unclassifed Excavation at dollars and yard. cents per cubic Irrigation System complete at - dollars and cents lump sum. Mitigation Planting complete at dollars ~-~~ and cents lump sum. Hydroseed complete in place at dollars and cents per thousand square feet. Lump Sum 48,000 C.Y. Lump Sum Lump Sum - 348 thousand sq. ft. a -4- Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit - No. Price Written in Words and Unit Price TOTAL 6. Job Signs at dollars and cents per each. 2 each 7. Temporary 4" PVC Irrigation Mainline at and cents per linear foot. 7,900 L.F. dollars Total amount of bid in words: Total amount of bid in numbers: $ Addendum (a) No(s) h as/h av e been received and is/are included in this proposal. -5- 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. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within seven (7) calendar days from the date of Award of Contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License Identification The Undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has induced 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 (Cash, Certified Check, Bond, or Cashier's Check) for ten percent (10%) of the amount bid. 7 -6- The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require 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. The Undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of wqrker needed to execute the Contract and agrees to comply with its provisions. Phone Number Bidder’s Name Date Authorized Signature Authorized Sign at ur e Bidder’s Address Type of Organization (Individual, Corporation, or Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: (NOTARIAL ACKNOYLEDGEHENT OF EXECUTION BY ALL PRINCIPALS UUST BE ATTACHED) (CORPORATE SEAL) -7- BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: 9 as 9 as Principal, and Surety, are held and firmly bound unto th e City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) .~ That we 9 for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within seven (7) calendar days from the date of Award of Contract by the City Council of the 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 any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 9 19 Corporate Seal (If Corporation) Principal Surety BY Title (Notarial acknowledgement of (Attach acknowledgement of and SURETY must be attached.) execution by all PRINCIPALS Attorney in Fact) -8- DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Enqineer of the City of Carlsbad. The fallowing Additional information is required for each subcontractor. pages can be attached, if required: Items of Work Full Company Name Complete Address w/Zip Code Phone No. w/Area Code -9- DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Business of Fu.11 Company Name License & No. License No.* Bid ($ or X) *Licenses are renewable annually. If no valid license, i n d i cat e 'IN 0 NE'' . Valid license must be obtained prior to submission of signed Contracts. (Notarize or Corporate Seal) Bidder's Company Name Bidder's Complete Add cess - 10 - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Signature (Notarize or Corporate Seal) - 11 - Date Contract Completed BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE Name and Phone Name and Address No. of Person Type of Amount of of the Employer to Contact Work Contract 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, if notarized or sealed. (Notarize or Corporate Seal) Signature '3 - 12 - CONTRACT - PUBLIC WORKS This agreement is made this day of 9 1987, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City") , and whose principal place of business is Thereinafter called "Contractor". 1 City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in th e Contract documents for: LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all 1 abor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. The Contractor, 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 throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 4. Pa ment As full compensation for Contractor's performance hi under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. - 13 - Invoices from the contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall b e responsible for all 1 oss or damaqe arising out of the nature of'the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this Contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the director of the Department of Industrial Relations -has determined the general prevailing rate of per diem wages in accordance with Labor Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is - 14 - 9. incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnity. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorneys fees for litigation, arbitration, or other dispute resolution method. IO. Insurance. Without limiting contractor's indemnification, it is aqreed that contractor shall maintain in force at all - times during the performance of this agreement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 9. The policy or policies shall comply with the special insurance instructions in the Supplementary General Provisions and shall contain the following clauses: Contractor's liability insurance policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be cancelled, limited or non- renewed until after thirty days written notice has been given to the City." B. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees. - 15 - Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 11. Workers' Compensation. Contractor shall comply with the requirements of S ection 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed . or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Parapraphs 10 and -. 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 13. Claims and Lawsuits. Contractor shall comply with the tovernment T ort C1 aims Act (Government Code Section 900 et seq.) prior to filing any lawsuit for breach of this contract or any claim or cause of action for money or d amage s . 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencinq with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Securit . At the election of the City, securities in the d 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. 17. Provisions Required by Law Deemed Inserted. Each and every ~rovision of 1 aw and clause r'eauired 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 - 18. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions1I or I1Special Provisons" attached hereto and made a part hereof. to nt r act o r (Seal) (Notarial acknowledgement of execution by ALL PRINCIPALS m'ust be attached.) BY Title BY Title APPROVED AS TO FORM: ~- - CI TY OF CARLSBAD, CALIFORNIA City Attorney Mayor ATTEST: City Clerk - 17 - Contractor's Certification of Awareness of Workers' Compensation Responsibility. ''1 am 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 I will comply with such provisions before commencing the performance of the work of this Contract." Contractor _- A - 18 - LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to (hereinafter designated as the "Principal"), a Contract for: LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work 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, 9 as Principal, (hereinafter designated as the "Contractor"), and 'as Surety, are held firmly bound unto the City of C arlsbad in the sum of Dollars ~ ($ I, said sum being fifty percent (50%) of the estimated amount ~ayable by the City of Carlsbad under the terms of Contract,' for which payment-well and truly to be made we bind ourselves, our heirs, executors and administrators, ~uccessor~, or assigns, jointly and severally , firmly by these presents. the THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. _- I - 19 - This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Sect ion 3082). In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the - day of . - , 198 (Notarize or Corporate Seal for each Signer) Contractor Surety .- PERFORMANCE BOND - 20 - KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. ., adopted , has (hereinafter designated as the 'lPrincipallt), a Contract for: awarded to 9 LA COSTA AVENUE CORRIDOR MITIGATION PROJECT CONTRACT NO. 3233 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, 9 as Principal, (hereinafter designated as the "Contractor"), and 9 as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Dollars ($ 1, said sum being equal to one hundred per cent (100%) of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attornies fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. - 21 - ' And said Surety, for value received, hereby 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. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the day of Contractor and Surety above named on the I - 19 .- (Notarize or Corporate Seal for Each Signer) Contractor GENERAL PROVISIONS - 22 - 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSP WC, as issued by the 'Southern Ch apters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the San Diego . Regional Standard Special Provisions supplement to the SSPWC, the Contract documents, the Standard Specifications of the State of California Department of Transportation, and the General and Special Provisions attached thereto. In case of conflict between the SSPWC and these Special Provisions, the Special Provisions shall take precedence over and shall be used in lieu of such conflicting portions of either the SSPWC or the General Provisions. The Construction Plans consist of thirteen (13) sheets designated as City of Carlsbad Drawing No. . The standard drawings utilized for this project are the- Die o Area Regional Standard Drawings, hereinafter designa -& ed as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings available in the Office of the City Engineer. 2. WORK-TO BE DONE 3. 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. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer, Municipal Projects Manager, or his approved representative. B. Reference to Drawings: W h e r e i n d i c at e d , I' I' d e t a i 1 e d , " 'In o t e d , 'I "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. wo r ds I' s h o wn , I' - 23 - C. Directions: Where wo r ds Itd i r ec t ed" , "design at ed" , Its elect ed" , 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 City Engineer or Municipal Projects Manager", unless stated otherwise. D. 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 Engineert1, 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. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 4, CODES AND STANDARDS Standard Specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE Because of the restriction of grading work prohibited beyond September 30, 1987, t ime is-of the essence in th e performance of this Contract. A construction schedule is to be submitt'ed by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. No changes shall be made to the construction schedule without the prior written approval of the City Engineer. - 24 - Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any d am age s . Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work within three (3) calendar days after being duly notified by an issuance of a "Notice to . Proceed" and shall diligently prosecute the work to completion within seventy-five (75) consecutive calendar days. If the completion date is not met the contractor will be assessed the sum of $1,000.00 per calendar day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6. NONCONFORMING WORK The Contractor shall, remove and replace any work not conforming to the plans or specifications upon written order by the Municipal Projects Manager. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" or as otherwise specified in the Special Provisions herein. Any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor as his sole expense. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two (2) copies to the Municipal Projects Manager. 9. SOUHD-CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. - 25 - Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid . for the various contract items of work involved and no additional compensation will be allowed therefor. IO. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector or a duly authorized private contract representative of the City for inspection services. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of . materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. 11. 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 the Contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT-OF CONTRACT DOCUMENTS The 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 throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. - 26 - 13. 14. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment, or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected 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 City 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 on completion of the work. 15. PERMITS The general construction, electrical, and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. This project requires regulatory permits from the State of California Department of Fish and Game, the California State Coastal Commission, and the U.S. Army Corps of Engineers due to the construction work within the Batiquitos Lagoon wetlands and floodplain areas. The regulations-and -r requirements of these permits shall be strictly adhered to rn th e performance of the contract. The enforcement of such requirements under the contract shall not be made the basis for additional compensation. - 27 - 16. OUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Municipal Projects Manager will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 17. SAFETY & 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. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall post danger signs warning against hazards created by such features of construct ion as protruding nails, hoists, well holes, and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. Construction survey stakes shall be set and stationed by the Contractor's surveyor for rough grade and as required to satisfy cut or fill to finished grade (or flowline) as indicated on a grade sheet. - 28 - Contractor shall provide engineer with 2 copies of survey cut sheets prior to commencing to grading operations. The City of Carlsbad will provide necessary surveying to establish the location of the outer boundaries of the work area prior to Contractor's operations. The lines will be flagged and clearly visible to the Contractor. The Contractor shall not disturb the flag markers, and shall immediately advise the Engineer of missing or disturbed markers. No work will be permitted adjacent to disturbed or missing markers. Outer boundaries (easement lines) will be flagged by May 20, 1987, prior to opening bids for this project. 19. UTILITIES Attention is directed to Section 5, "Utilities" of the SSPWC, and these special provisions. Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities'! (as defined in the Public Utilities Act of the State of California) or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, and street lighting. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all utilities and their service connections. The Contractor shall make his/her own investigation as to the location, type, kind of material, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he/she shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the plans. The Contractor shall notify the owners of all utilities at least 48 hours in advance of excavating around any of the structures. At the completion of the contract work, the Contractor shall leave all utilities and appurtenances in a condition satisfactory to the owners and the City. In the event of damage to any utility, the Contractor shall notify the owners of the utility immediately. It is the responsibility of the Contractor to compensate for utility damages. - 29 - The temporary or permanent relocation or alteration of utilities, including service connections, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. All costs involved in locating, protecting and supporting of all utility lines shall be included in the price bid for various items of work and no additional payment will be made. 20. WATER FOR CONSTRUCTION The contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements. The contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made. 21. TEST OF MATERIALS Testing of materials shall conform to Section 4-1.4 of the SSPWC and the following: Except as elsewhere specified, the Agency will bear the cost of testing material and/or 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 City, the source of supply of each of the materials shall be approved by him 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 trial, it is found that sources of supply which 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 materials from other approved sources. After approval, any material which becomes unfit for use due to improper storage, handling or any other reason shall be rejected. - 30 - 22. 23. COMPACTION TESTS All backfill shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests may be made by the City and all costs for such testing shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Municipal Projects Manager. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. CLEANUP-AND-DUST CONTROL Cleanup and dust control shall conform to Section 7-8.1 of the SSPWC and shall be executed even on weekends and other non-working days at the City's request. Full compensation for furnishing all labor, materials, equipment, and incidentals to clean up and control the dust as specified above shall be considered as included in appropriate items of the proposal and no additional compensation will be allowed therefor. 24. PROTECTION AND RESTORATION-OF EXISTING-IMPROVEMENTS Section 7-9 of the SSPWC is supplemented by the following: Except as may otherwise be provided in specific instances nothing in the Contract shall be construed as vesting in the Contractor any property in any material, article or structure existing at the time of the award of Contract within the area in which the work is to be done or in any material, article, or structure subsequently furnished for the work by the City, or in any material, article, structure or work furnished or performed by the Contractor after having been accounted for on an approved estimate supporting the contractor's demand for payment as provided in Section 9-3 of the Standard Specifications entitled, "Payment". In the latter event any such material, article, structure or work shall become the property of the City after being so accounted for. The Contractor shall maintain all existing official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory, and street markers and also roadside mailboxes in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Municipal Projects Manager. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the City. - 31 - All costs involved in protection and restoration of existing improvements shall be included in appropriate items of the proposal and no additional compensation shall be allowed therefor. 25. TRAFF€C -CONTROL The Contractor's attention is directed to Section 7.10 of the SSPWC and these requirements. . The Contractor shall notify the following City Departments 24 hours prior to the start of work on this project and 24 hours prior to the restriction, closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-1 161 Police Department - 931-2100 Fire Department - 931-2141 No street or alley closures shall be permitted except upon sp'ecific, written approval of the City Engineer. The Contractor shall keep two lanes of traffic in each direction and one pedestrian walkway open at all times on El Camino Real. The Contractor shall keep one lane of traffic in each direction and one pedestrian walkway open at all times on La Costa Avenue. In addition, provisions shall be made to maintain access and use of left-turn pockets at intersections as much as possible. The Contractor shall furnish, maintain and install all lights, signs, barricades, and other safety devices and equipment required. The Contractor shall submit a traffic control plan showing the intended construction zone signing and striping for each phase of the work to be accomplished. This plan shall be submitted within fifteen days after the Notice of Award has been issued to the contractor. No work shall commence until this plan has been reviewed and approved by the City Engineer. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep driveways open during working hours. After working hours all driveways shall be accessible with smooth and safe crossings through the construction area. - 32 - The Contractor shall be required to notify all adjacentresidents and businesses three (3) days in advance of his work, using "doorknob type" or other typewritten notices which will be furnished by the Contractor. These notices will be distributed at the beginning of the project and at other times during the work as required to notify affected people in the area of impending work. Traffic control shall include the cost of all barricades, s igns, flagmen, providing notices, traffic stripe application and removal, ditch plate installation and removal, and any other cost connected with any temporary rerouting of traffic or maintenance of access to properties during the construction period. Full compensation for furnishing all barricades, lights, flashers, flagmen, and any other safety measures used for the control of traffic during the project construction period shall be considered as included in the prices paid for appropriate items of the proposal and no additional compensation will be allowed therefor. 26. SOILS REPORT The City of Carlsbad has obtained a soils report to determine the suitability of the material to be excavated and to better define existing conditions. While the City does not warrant in any way the suitability or quality of the existing material, the information is available for the Contractor's inspection at the City's Municipal Projects Department located at 2075 Las Palmas Drive, Carlsbad. The report was prepared by the firm of Ninyo and Moore, dated April 28, 1987. - 33 - SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be main- tained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No. 8108. A. Minimum-Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed.1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed.1/78) covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability insurance. 6. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $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. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers' Liability: Workers compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such - 34 - deductibles or self-insured retentions 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. D. OTHER fNSLlRANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. b. C. d. The City, its officials, employees and volunteers are to be covered as 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 or used by the Contractor; or automobiles 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. 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 excess of Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Coverage shall state that 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. 2. Workers' Compensation and Employers' Liability Coverages The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by Contractor for the City. 3. All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. - 35 - E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. F. Verification-of-Coverage Contractor shall furnish the City with certificates of insurance and with 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 provided by the City and are to be received and approved by the City before work commences. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each. subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. - 36 - CERTIFICATION OF COMPLIANCE I hereby certify that in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Legal Name of Contractor Date Signature (Seal) (NOTARIZE OR CORPORATE SEAL) Title (Notarial acknowledgement of execution by all principals must be attached.) - 37 - SPECIAL PROVISIONS 1. PLANS AND WORKING DRAWINGS The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing. The contract plans shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been approved by the Engineer. Working drawings for any part of the permanent work shall include, but not be limited to: stress sheets, anchor bolt layouts, shop details, erection plans, equipment lists and any other information specifically required elsewhere in the specifications. Working drawings for cribs, cofferdams, false work, temporary support systems, haul bridges, centering and form work and for other temporary work and methods of construction the Contractor proposes to use, shall be submitted when required by the specifications or ordered by the Engineer. Such working drawings shall be subject to approval insofar as the details affect the character of the finished work and for compliance with design requirements applicable to the construction when specified or called for, but details of design will be left to the Contractor who shall be responsible for the successful construction of the work. Working drawings shall be approved by the Engineer before any work involving such drawings is performed. It is expressly understood that approval of the Contractor's working drawings shall not relieve the Contractor of any of his responsibility under the contract for the successful completion of the work in conformity with the requirements of the plans and specifications. Such approval shall not operate to waive any of the requirements of the plans and specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding such approval. Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the contract' items of work to which such drawings relate and no additional compensation will be allowed therefor. - 3a - 2. 3. 4. PERMITS Contractor shall comply with all permits for this project, including the U.S. Army Corps of Engineers Section 404 permit, the California Coastal Development Permit, and the California Stream Bed Alteration Agreement. These documents are available for review at the City of Carlsbad's Municipal Projects Department at 2075 Las Palmas Drive, Carlsbad, 92009. Copies of these permitting documents will be provided to the Contractor by certified letter prior to beginning construct ion. EXISTING-WETLAND-BOUNDARY This project consists of extensive grading, irrigation, and revegetation work in areas abutting existing highly sensitive wetland areas. Care shall be taken by the Contractor to ensure that his operations will not disturb or impact this sensitive habitat in any way. The limits of work will be clearly marked by the Engineer prior to any of the Contractor's operations. No encroachment beyond the staked limits of work is permitted. Contractor shall take all reasonable measures necessary to prevent any encroachment of any equipment, personnel, or material into wetland areas as staked, and shall schedule operations so as to minimize or avoid muddying and silting of said wetland areas. Control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of muddying, silting, or pollution of said wetland areas. Failure to take said measures satisfactory to the Engineer of California State Coastal Commission will subject the Contractor to orders to cease operations. Any losses to the Contractor associated therewith shall be at the Contractor's sole expense. CLEARING AND GRUBBING,,-MOBILIZATION AND TRAFFIC CONTROL C 9 0 learing and grubbing shall consist of clearing natural round surfaces of all trees, shrubs, vegetable growth and bjectionable materials within the limits of construction in accordance with the provisions of Section 300-1 of the SSPWC and in accordance with the plans and these Special Provisions and as directed by the Engineer. 4.1 PRESERVATION,OF PROPERTY Attention is directed to Sections 300-1.2, "Preservation of Property ,It 7-9, "Protection and Restoration of Existing Improvements," and Section 5, "Utilities" of the SSPWC. Existing highway improvements and facilities, adjacent property, utility and non-highway facilities, and trees and plants that are not to be removed, shall be protected from injury or damage resulting from the Contractor's operations. Only trees and plants that are designated or marked for preservation by the Engineer shall be preserved. . .- I - 39 - Clearing and grubbing shall also include the remo$al and disposal of all miscellaneous concrete, pavement, pipes, hardware, timber, rubble or any other objectionable material encountered beneath the ground surface as a result of grading or trenching operations connected with the construction of the project improvements. Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities so indicated on the plans which are not designated as separate bid items or which are not included in other bid items. In addition to the above items, clearing and grubbing shall include, but not be limited to the following items as shown in the plans or specified in these Special Provisions: 1. 2. 3. 4. 5. 6. 7. a. 9. IO. 11. 12. Removal of trees, shrubs, stumps, trash, debris, and fences, whether or not specifically indicated on the plans or otherwise shown to be protected or relocated. Deleterias materials resulting from clearing and grubbing operations shall be hauled away and disposed of at a legal site obtained by the Contractor. Clearing for and providing temporary graded driveway and continuing maintenance thereof to provide safe, smooth, stable, and continuous access to the project area, and as directed by the Engineer. Minor grading for swales and drainage control. Protection of existing and relocated utility structures prior to and during construction of proposed improvements. Removal and disposal of interfering portions of abandoned utility lines and structures and the plugging of abandoned pipes and conduits not removed, Removal and disposal of any additional items not specifically mentioned which may be found within the work limits. Furnishing and applying water. Dust control. Maintenance of project appearance. Control of water and dewatering during construction. Cleanup of project are upon completion of work. Unless otherwise specified in the Special Provisions or shown on the plans, the entire area of the project as designated on the plans and these Special Provisions shall be cleared and grubbed. No payment will be made to the Contractor for clearing and grubbing outside these limits, unless such work is authorized by the Engineer. The area above the natural ground surface shall be cleared of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, and all other . objectionable material including concrete or masonry. Within the limits of clearing, the areas below the natural ground surface, except in embankment areas where the grading plane is 2 feet or more above the natural ground, shall be grubbed to a depth necessary to remove all stumps, roots, buried logs, and all other objectionable material. Such objectionable material shall not be left in or under embankments or dikes. Where slopes are to be rounded, clearing and grubbing shall extend to the outside limits of slope rounding. If specified by the special provisions or directed by the Engineer that certain trees and plants shall be preserved, such trees and plants shall be fully protected from injury by the Contractor at his expense. Trees shall be felled in such a manner as not to injure standing trees, plants, and improvement which are to be preserved. The Contractor shall make his own arrangements for disposing of materials outside the project limits and he shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary perrni ts, licenses and environmental clearances. Before disposing of any material outside the project limits, the Contractor shall furnish to the Engineer satisfactory evidence that he has entered into agreements with the property owners of the site involved and has obtained said permits, licenses, and clearances. 4.2 REMOVAL AND DISPOSAL OF MATERIALS All materials removed shall be stored at locations approved by the Engineer. Combustible material may be reduced to chips of a maximum thickness of 1/2 inch. The chips may be disposed of in areas as determined by the Engineer. The chips disposed of in the above areas may either be buried or distributed uniformly on the ground surface and mixed with the underlying earth to such extent that the chips will not s uppo rt combust ion. All areas shall be left with a neat and finished appearance. No accumulation of flammable material shall remain on or adjacent to the project limits. - 41 - Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, sanitation facilities, materials and incidentals to the project site necessary for work in the project, and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site. Mobilization shall also include survey staking for the project in conformance with the requirements of Section 18 of . the General Provisions of these Specifications. Traffic control shall be provided in conformance with the requirements of Section 25 of the General Provisions of these Specifications. 4.3 MEASUREMENT AND PAYMENT Clearing and grubbing will be paid for at a lump sum price. The lump sum price paid for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all. the work involved in clearing and grubbing as shown on the plans, mobilization, and traffic control, and as specified in these specifications and the Special Provisions, and as directed by the Engineer, including the removal and disposal of all the resulting material. 5. UNCLASSIFIED EXCAVATION Unclassified excavation shall include excavating, removing, hauling and disposing of all materials to the subgrade elevations indicated on the plans. This item involves the removal and disposal of all pavement, concrete, soil and miscellaneous items (including loose or dumped material and base material) which are within the grading and excavation section on both public and private property. Unclassified excavation shall be done in accordance with Section 300-2 of the SSPWC and these Special Provisions. The Contractor shall so conduct his earthwork operations so as to avoid impact to the adjacent low-lying wetland and bay area (see Section 2 of these Special Provisions). Access, turnaround and grading movements shall at all times be made so as to avoid encroachment beyond the limits of work as staked by the Engineer. The Contractor shall be responsible for obtaining a suitable, legal disposal site for this excavated material in accordance with Section 300-2.6 of the SSPWC. The quantities for unclassified excavation are based on cross-sections of existing and proposed ground lines, as shown on the plans, with considerations made for localized - 42 - variations between cross-sections, and are believed to be accurate. The cross-sections and quantities do not include considerations for minor variations anticiapted for benching or keying for new side slopes. Payment for unclassified excavation shall be at the contract unit price per cubic yard of material removed, which shall be considered as including keying and benching of existing side slopes and no additional compensation will be allowed therefor. 6. STORAGE OF-EQUIPMENT AND-MATERIALS Contractor shall submit a plan for storage of equipment and materials to the Engineer for approval at least 48 hours prior to mobilization. Plan shall include written authorization by the owner of record for the storage of any equipment or materials on private property. Stockpiling of material within existing wetland areas or within proposed riparian areas is strictly prohibited. 7. EQUIPMENT.SERVICING Construction machinery will be required to refuel with extreme care during operations. Since the project is located adjacent to the Lagoon, petrochemicals from the construction activities could enter the Lagoon. Debris associated with construction activities shall be removed and disposed of in an approved landfill. This includes, but is not limited to, existing roadbed materials, cement or concrete, wood, and dredged materials. Construction personnel shall be informed of the concerns and requirements to implement appropriate controls. 8. IRRIGATION -SYSTEMS All Sections herein refer to the California Department of Transportation Standard Specifications, dated July, 1984, unless otherwise noted (CSS). 8-1 -CSS-20-5.0 1 DESCRIPTION This work shall consist of furnishing the materials and installing manual and automatic irrigation systems as shown on the plans and in accordance with these specifications and the Special Provisions. Where trenching is performed in areas planted with existing trees or shrubs, the trenching alignment shall be adjusted, as necessary, to avoid damage to the existing trees or shrubs. - 43 - 1 8.2-CSS-20-5.027 ELECTRICAL INSTALLATIONS FOR ELECTRIC AUTOMATIC IRRIGAT IO N SYSTtMS AND AUXJLIARY LQUIPMtNT Electrical installations for electric automatic irrigation systems shall conform to the provisions in Section 86-1.02 of CSS "Regulation and Codes", these plans and specifications. 8.3-C SS-2 0- 5 . 0 27 COMPONENTS Electrical components for electrical automatic irrigation . systems shall include automatic controllers, master controller, auxiliary controllers, and battery controllers, all with enclosures; remote control valves and master remote control valves; valve boxes; pull boxes; conductors between controllers, booster pumps and valves; and all appurtenances, incidentals, and accessories required for proper installation and operation of the electrical portions of such systems. All voltages shown on the plans or specified in these specifications or the Special Provisions for electrical components for electric automatic irrigation systems shall be considered as nominal. Electrical components requiring modifications to conform to the specified requirements shall have such modifications made by the manufacturer before shipment to the project. 8.4-CSS-20-5.027B WIRING PLANS -AND 'DIAGRAMS Within 30 working days after the Contractor has received notice of approval of the contract and prior to the installation of any electrial materials for an irrigation system (except service), the Contractor shall submit working drawings in accordance with the provisions in Section 5-1.02 of CSS "Plans and Working Drawings." The working drawings shall consist of wiring plans which shall be reproducible, shall conform in scale to the contract plans for irrigation, and shall bear the written approval of the controller manufacturer or his authorized agent. Information shown on the wiring plans shall include, but not be limited to, wire sizes, conduit, and the wire routes between electrical components. Three copies of the schematic wiring diagram, including any wiring modifications, for each type of controller installed shall be submitted to the City of Carlsbad Parks and Recreation Department. 8.5-CSS-20-5.027C ELECTRICAL ENERGY Electrical energy for automatic irrigatioon systems may be obtained by the Contractor, free of charge, from the service points shown on the plans. *. P - 44 - A Number 5 pull box shall be installed at each end of each sprinkler control crossover, each valve cluster location and any additional electrical hookup point. 8.6-CSS-20-5.027E SERVICE Electric service installations for electric automatic irrigation controllers shall conform to these specifications. Electrical service installation and materials shall conform to the requirement of the serving utility. Service for electric automatic irrigation controllers shall be 120-volt, single-phase, AC, and shall be obtained from the service points shown on the plans. Service for booster pump shall be 230-volt 3 phase, AC, and shall be obtained from the service points shown on the improvement plans. Service equipment enclosures shall be galvanized. Types I, I1 and IC1 service equipment cabinets shall be fabricated from galvanized sheet steel or shall be fabricated from sheet steel and zinc or cadium plated after fabrication. If an alternative design is proposed for Types I, I1 or 111 service equipment cabinet, plans of such design shall be submitted to the Engineer for approval. Service conductors shall be installed in accordance with the provisions in Section 86-2.08, and 86-2.09, "Wiring" of CSS. Unless otherwise shown on the plans, service conductors from service disconnect to the electric pump shall be installed in a minimum one inch rigid metallic conduit. Electrical service conduit shall be installed in accordance with the City of Carlsbad governing codes except that the conduit shall be installed at a minimum depth of 24 inches below the surface of the surrounding grade. Pull boxes shall be installed at the locations shown in the plans or, in long runs, they shall be spaced at not over 200- foot intervals. The Contractor may, at his expense, install additional pull boxes to facilitate his work. 8.7-CSS-20-5.027 J TESTIhlQ Field tests and a functional test shall be performed by the Contractor to demonstrate that all parts of each irrigation system function as specified. I .* - I - 45 - Field tests shall be performed on all conductors in accordance with the provisions for lighting circuits in Section 86-2.148, "Field Testing," of CSS. Where the conductors are installed by trenching and backfilling, such tests shall be performed after at least 6 inches of backfill material has been placed over the conductors and said material has been compacted as specified in Section 20-5.O3D, "Trenching and Backfilling," of CSS. The functional test for each single electric service point, . shall consist of not less than 15 consecutive working days of operation during which time each pump shall complete at least 3 complete cycles for each station supplied by the pump. The lengths and frequencies of the cycles will be determined by the Engineer. If unsatisfactory performance of any system develops, the condition shall be corrected and the test repeated until 15 working days of continuous, satisfactory operation is obtained. The functional test shall be satisfactorily completed prior to the start of the plant establishment period. 8.8-CSS-25-5-03 INSTALLATION The irrigation systems as shown on the plans, except for sprinkler location, are diagrammatic. 8.9-CSS-20-5.0 3 GENERAL All underground metallic pipes, valves or fittings made of dissimilar metals shall be connected through a dielectric coupling of bushing. Pipe installed in this manner shall be physically separated from other metal objects. Dielectric couplings shall physically separate the pipes a minimum of l/E inch in all directions. Non-conducting spacers which will insure physical separation of pipe from foreign objects may be required as determined by the Engineer. The risers for sprinklers on slopes shall be set approximately perpendicular to the plane of the slope. If the location of a supply line interferes with the drilling of the plant holes, the plant holes shall be so located as to clear the supply lines. Supply lines shall not be installed through plant holes unless otherwise shown on the plans. Valves and sprinklers shall be installed 7 feet from curbs, dikes, sidewalks and paved shoulders and 3 feet from fences and walls unless otherwise shown on the plans or specified in the special provisions. The bottom of backflow preventers shall be installed 12 inches above ground. 4 --g - 46 - Foreign material shall be prevented from entering the irrigation system during installation. Immediately prior to assembling, all pipes, valves, and fittings shall be cleaned. All unattached ends of pipes, fittings, and valves shall be plugged or capped pending attachment of additional pipe or fittings. All lines shall be thoroughly flushed out prior to attachment of sprinklers, emitters, and other terminal fittings. 8.10-CSS-20-5.0 3D TRENCH€ HG -AND BACKFILL IHG Rocks and other debris encountered during trenching operations shall be brought to the surface of the ground at the Contractor's expense. Removing and disposing of such rocks and debris will be paid for as extra work as provided in Section 4-1.03D of CSS, and Section 7 of the General Provisions of the Specifications. The size of rocks and the quantity of rocks and debris to be disposed of will be determined by the Engineer. Pavement, sidewalk, and similarly paved areas encountered on or beneath the surface of the ground and not shown on the p1a.n~ in areas to be trenched for irrigation pipes, and if ordered by the Engineer, shall be removed and disposed as d irect ed. Excavating through said paved areas, furnishing and placing topsoil to fill resulting holes, and removing and disposing of all such pavement will be paid for as extra work pursuant to Section 3 of the Standard Specifications for Public Works Construction, and Section 7 of the General Provisions of these Specifications. Existing pavement shown on the plans where trenches are to be excavated shall be removed. Trenches for plastic pipe shall be of sufficient width to permit snaking of all plastic pipe not connected by rubber r ing-t ype fittings. Trenches for plastic pipe shall be smooth and free of jagged rubble or sharp objects which will cause abrupt bending stresses and uneven weight distribution during backfilling operations. The backfilling of pipe trenches shall be accomplished in a manner that will protect the pipe from damage from sharp objects. Rocks shall not be placed directly on the pipe. Except as otherwise specified, this backfill material shall be compacted by ponding or jetting with water until the backfill material, after settlement, is level with the surrounding soil. If, for any reason, the soils taken from the trench is determined to be unsuitable for a bedding material against - - 47 - the pipe, a suitable material, such as sand or topsoil, shall be furnished and placed as a bedding for the pipe before backfilling with the original soil taken from the trench. Furnishing and placing bedding material for pipe when ordered by the Engineer will be paid for as extra work pursuant to Section 3 of the Standard Specifications for Public Works Construction, and Section 7 of the General Provisions of these Specifications. When any backfilled area has settled, said area shall be refilled and compacted by the Contractor at his expense, including furnishing, placing and compacting the fill material. 8.11-CSS-20-5.03E PIPE The Contractor, at his option, may install plastic pipe supply line with solvent cemented fittings and plastic pipe irrigation line for an irrigation system by methods and with equipment other than by trenching, provided the pipes are installed at the depths specified. Where connection is made to existing supply lines, compression type fittings may be used. Pipe between water meters and plastic pipe supply line through a backflow preventer assembly shall be galvanized steel or as otherwise shown on the plans. Supply lines shall be installed under paved ditches which are 3 feet deep or less at the flow line. Supply lines that cross paved ditches more than 3 feet deep shall be galvanized steel pipe and shall span the ditches. Supply line trenches located adjacent to curbs, dikes and paved shoulders shall be at least 4 feet from said curbs, dikes and paved shoulders. Asbestos-cement pressure pipe, plastic pipe supply line, thrust blocks where required, plastic pipe irrigation line, and fittings shall be installed according to the pipe and fitting manufacturer's instructions shall be furnished to the Engineer before any pipe is installed. Portland cement concrete for thrust blocks shall be produced from commercial quality aggregates and cement shall contain not less than 470 pounds of cement per cubic yard. Hand mixing of this concrete will be permitted. All pipe shall be cut straight and true. After cutting, the ends shall be reamed out to the full inside diameter of the pipe. Male pipe threads on galvanized steel pipe shall be coated with a joint compound that is non-hardening and non- corrosive. - 48 - Solvent cement welding shall be done in accordance with the printed instructions of the solvent cement manufacturer. The male portion of each threaded plastic pipe and fitting connection shall be wrapped with at least 2 layers of approved pipe thread sealant tape. All plastic pipe installed by trenching and backfilling methods, except pipe connected with rubber ring-type fittings, shall be snaked when installed. Pipe connected . with rubber ring-type fittings need not be snaked. Valve boxes with extensions, if required, shall be provided for housing control valves. The tops of valve boxes installed in walkway and paved areas shall be flush with the surrounding grade. The tops of valve boxes in other areas shall be installed 2 inches above the sur rounding grade. 8.1 2-CSS-20-5.03G PRESSURE -TESTING Pressure testing for leakage shall be performed on all pipelines installed by the Contractor, except for non-rigid pipelines and pipelines with spray nozzles installed into the pipe. Pipelines to be tested shall be installed, and all open ends of the pipeline and fittings shall be plugged or capped prior to testing. Pressure tests shall be performed in one or more operations. Pipelines installed by trenching and backfilling and pipelines which are completely visible after installation shall be tested by either Method A or Method B as specified below. The methods used will be at the Contractor's option. Water line crossovers that are connected to other pipelines to be tested shall be tested in the same manner as the pipelines to which they are connected. 8.12.1 -CSS-20-5.03-G( 1 ) Method98 Method A testing procedure for leakage shall conform to the following: The Contractor shall notify the Engineer at least 24 hours prior to performing any pressure test. Pressure tests shall be performed only between the hours of 8:OO a.m. and 5:OO p.m. except that no pressure tests shall be made on Saturdays, Sundays, or legal holidays. Each pressure test shall be observed by the authorized inspector, Pipelines to be tested shall be filled with water, and a pressure gauge shall be connected to the pipeline. The pipeline shall then be placed under a pressure of 125 pounds - 49 - per square inch, except as otherwise specified below, by air or water pressure, after which the source of pressure shall be cut off leaving the line under the required pressure. The pressure gauge shall be calibrated from 0 to 200 pounds per square inch in 5-pound increments and shall be accurate within a tolerance of 2 pounds. The pipeline shall be tested under the required pressure for a period of one hour. The pressure gauge shall remain in place until each test period has been completed. All leaks that develop in the portion of the system installed by the Contractor shall be located and repaired after each test period when a drop of more than 5 pounds is indicated by the pressure gauge, After such leaks have been repaired, the one hour pressure test shall be repeated and any necessary additional repairs made until the drop in pressure is 5 pounds per square inch or less. 8 12.2-CSS-20-5.0 3( 2) Method -B Method B pressure testing procedure for leakage shall conform to the following: The Contractor shall notify the Engineer at least 24 hours prior to performing any pressure test. Pressure tests shall be so performed that the testing periods end between the hours of 8:OO a.m. and 5:OO p.m. except that no pressure tests shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved in writing by the Engineer. Each pressure test shall be observed by the authorized inspector. Before any portion of the pipeline on the supply side of a control valve is backfilled, water shall be turned into that portion of the line and maintained at full pressure from the water source for a period of not less than 8 consecutive hours after all air has been expelled from the line. Before any portion of the pipeline on the discharge side of a control valve is backfilled, a similar test shall be performed, except the test shall be for a duration of one hour. Any leaks that develop in the portion of the system installed by the Contractor shall be repaired. After such leaks have been repaired, the pressure test shall be repeated and any additional necessary repairs made until no leaks occur as determined by the Engineer. 8.13-CSS-20-5.03H REPAIRS AND COVERAGE All leaks that develop and all defective material in any portion of the irrigation system installed by the Contractor shall be repaired or replaced by him. - - 50 - The entire system shall be checked and, if necessary, adjusted for uniform and complete coverage after installing the sprinklers. 8.14-CSS-20-5.04 Measurement and Payment The work performed under these specifications for installing irrigation system will be measured and paid for as a single contrct lump sum price for irrigation system. The contract lump sum price for irrigation system shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing the irrigation system, complete in place, including excavation and backfill, and testing and checking the irrigation system, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. The lump sum contract price for Irrigation System shall include furnishing and installing electrical conduit and electric service installation for electric automatic irrigation controllers. Full compensation for removing or rototilling, disposing and replacing existing ground cover to install irrigation pipes and conductors in existing ground cover shall be considered as included in the lump sum contract price for Irrigation System and no additional compensation will be made therefore. The lump sum contract price of Irrigation System shall also include full compensation for performing the functional tests for electric automatic irrigation systems as specified herein, the furnishing and installing of flexible risers, swing joints and pipe used for risers, the checking and cleaning of emitters and for checking and adjusting the various types of sprinklers for proper rate of flow and coverage after installation, and all materials necessary to complete the irrigation system, and no additional compensation will be allowed therefore. 9. MITIGATION-PLANTING All Sections herein refer to the California Department of Transportation Standard Specifications dated July, 1984, unless otherwise noted (CSS). 9.1-CSS-20-4.01 BescriDtfon This work shall consist of furnishing planting materials, preparing planting areas, planting plants, and establishing p'lants as shown on the plans and as specified in these specifications and the special provisions. - 51 - Materials shall conform to the provisions in Section 20-2, "Materials," of the CSS. 9.2-css-20-4.025 Clear inq Clearing shall consist of clearing trash, debris and weeds and removing existing plants as specified in these specifications and the special provisions. Clearing shall be performed in those areas specified in the special provisions. At the time of planting, each area to be planted shall be free of trash, debris, and living weeds. During clearing operations, existing plants, where specified in the special provisions or shown on the plans to be removed, shall be removed and disposed of outside the project area by the Contractor. 9.3-CSS-20-4.026 Pesticides Pesticides shall not be used for weed control within the mitigation area. 9.4-CSS-20-4.03 Preparing .Planting .Areas Preparing planting areas shall consist of preparing holes, preparing trenches, cultivating, constructing basins and doing any other work necessary to prepare areas for planting, as specified in these specifications and the special provisions and as shown on the plans. Constructing basins shall be considered as part of the work involved in preparing holes and trenches. Unless otherwise specified, a planting or planted area shall be any area which the Contractor is required to do planting work. The work involved in preparing planting areas shall be so conducted that the existing flow line in drainage ditches will be maintained. Material shall be removed and disposed of as directed by the Engineer. Unless larger planting holes are specified in the special provisions or shown on the plans, plants shall be planted in holes large enough to receive the root ball, backfill, amendments and fertilizer. At the locations shown on the plans, longitudinal basins shall be formed by constructing a continuous dike on each side of the planting line. Cross checks shall be formed to pond irrigation water around each plant. - 52 - Water shall not be used for the excavation of planting holes. The outer limits of the areas to be cultivated shall extend 12 inches beyond the outer rows of plants requiring cultivation, unless otherwise specified or shown on the plans. Cultivation shall be performed until the soil is in a loose condition to a minimum depth of 6 inches. Soil clods shall . not be larger than 2 inches in any dimension after cultivation. The use of rubber-tired equipment will be permitted for cultivating operations, provided the equipment used completely eradicates any compaction caused by the tires. Rubber-tired equipment of any kind will not be allowed on cultivated areas after cultivation. Planting areas that have been cultivated and become compacted for any reason shall be recultivated by the Contractor at his expense. Pavement, sidewalk, and similar paved areas encountered on or beneath the surface of the ground and not shown on the plans in areas to be prepared for planting, and if ordered by the Engineer, shall be removed and disposed of as directed by the Engineer. Excavation through said paved areas, furnishing and placing topsoil to fill these holes, and removing and disposing of all such pavement will be paid for as extra work in accordance with Section 3 of the Standard Specifications for Public Works Construction and Section 8 of the General Provisions of the Specifications. 9.5-CSS-20-4.0 5 Plant ina No planting shall be done in any area until the area concerned has been prepared in accordance with these specifications and the special provisions and presents a neat and uniform appearance satisfactory to the Engineer. When an irrigation system is required, it shall be installed and checked for coverage prior to planting. Nursery stakes in plant containers stored at the project, site shall be removed before transporting the plants to the planting areas. Plant locations for trees and shrubs shall be adjusted so that no plant is closer than 8 feet to an impact or pop-up type sprinkler. Where shrubs are shown on the plans to be planted in groups, the outer rows shall be parallel to the nearest roadway or I - 53 - right-of-way fence. Shrubs in adjacent rows shall be staggered Adjustment in the number or alignment of plants shall be made between the outer rows. No more plants shall be disturbed on any day than can be planted and watered on that day. Plants shall be removed from the containers in such a manner that the ball of earth surrounding the roots is not broken, and they shall be planted and watered as hereinafter specified immediately after the removal from the containers. Containers shall not be cut prior to delivery of the plants to the planting area. Roots of plants not in containers shall be kept moist and covered at all times, and shall not be exposed to the air except while actually being placed in the ground. Before planting in holes or trenches, water shall be applied to the backfill with a pipe or tube inserted into the bottom of the hole or trench until the backfill materials is saturated for the full depth, Plants shall be set in the backfill material, in flat bottomed holes, to such depth that, after the soil has settled, the top of the root ball will be even with the bottom of the basin or even with the surrounding soils where there is no basin. Plants shall be planted in such a manner that the roots will not be restricted or distorted. Any plants which have settled deeper than specified in the above paragraph, or as shown on the plans, shall be raised back to the required level, or replaced, at the option of the Contractor. At the time the plants are planted, wood stakes shall be placed at certain plants and the plants shall be tied thereto. The plants to be staked shall be as shown on the plans or specified in the special provisions. Stakes shall be installed against, but not through, the plant ball to a minimum depth of 18 inches below the ground, and shall be placed on the site toward the prevailing wind, unless otherwise directed by the plans. Stakes shall be 8 feet long. The stakes shall be either 2- inch nominal diameter round stakes, or 2" x 2" nominal square stakes, at the Contractor's option. The cross-sectional dimensions of 2-inch stakes may be reduced if the strength and durability of the smaller dimensioned stake is not less than a corresponding 2-inch nominal redwood stake as determined by the Engineer. In no case shall stakes have a cross-section dimension of less than 1 1/4 inches, unless otherwise shown on the plans. I I - 54 - Each plant requiring a stake shall be tied to the stake at 3 locations directed by the plans. The ties shall be extruded vinyl-base type, one inch wide an a minimum of 0.010-inch thick. The tie shall form a figure eight by crossing the tie between the plant and stake, and the figure eight shall be formed twice. Each end of the tie then shall be wrapped one and one-half turns around the stake and securely tied. Other materials and methods approved by the Engineer may be used for ties. . From the time plants are planted until the beginning of the plant establishment period, damage caused by erosion shall be repaired at Contractor's expense. In addition to other requirements, planted areas shall be neat and clean before the Contractor is allowed to begin the plant establishment period. 9.6-CSS-20-4.051 Wetlands -Planting All seeds, stolens and rooted wetlands planting areas shall from on-site locations. Plants clumps to be used within the be collected or transplanted sDecified on plans. that are not available on-site but are readily available from outside sources, shall be considered acceptable, if supervising field biologist approves purchase or collection from such sources. 9.7-CSS-20-4.051 A Collection Method All seeds, stolens and rooted clumps shall be collected prior to grading. Sufficient quantities shall be collected as to meet the required numbers and/or cover the area shown on the plans. Seeds shall be collected from the fruiting bodies of plants during normal fruiting season of such plants. Plants shall be in normal healthy condition, free from apparent disease, injury, or pests. Seeds shall be maintained in a healthy and viable state until hydroseed application. Stolens shall be gathered using a vertical cut mower to produce healthy, viable stoleniferous bodies. Harvesting shall occur only during normal growing season. Stolens shall be maintained in a healthy and viable state until hydroseed application. Rooted clumps shall be inspected and deemed free of disease, injury, or pests prior to removal for transplantation purposes. Size of clumps shall be of sufficient size to insure that successful transplanting can occur. Sufficient size shall be determined by supervising field biologist. - 55 - 9.8-CSS-10.4.051B Storage-of -M,aterials All seeds, stolens and rooted clumps to be incorporated in the work shall be stored in such a manner as to insure their preservation, quality and fitness prior to, during and following completion of work to be done. 9.9-CSS-20-4.06 Watering The amount of water to be applied, and the number of frequency of applications shall be ordered by the Engineer, and as often and in sufficient amount as conditions may require to keep the soil and plant roots moist during the life of the contract. All trees, shrubs and vines shall be watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where watering is done with a hose, a metal or plastic pressure reducing device approved by the Engineer shall be used. Under no circumstances shall the. full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Master remote control valves or gate valves on the discharge side of the backflow preventers shall be kept closed at all times, except while the irrigation system is actually in use. Precautions shall be taken to prevent water from wetting vehicles, pedestrians and pavement. Any erosion or slippage of the soil caused by watering shall be repaired by the Contractor at his expense. Any additional watering measures required to maintain the plants in a growing condition shall be furnished by the Contractor at his expense. 9.10-CSS-20-4.07 Replacement All plants planted in areas provided with a sprinkler system, that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, shall be removed and replaced. Unless otherwise permitted by the Engineer, the Contractor shall complete replacement of unsuitable plants within 2 weeks after the Engineer marks or otherwise indicates that such plants shall be replaced. Replacement planting shall conform to the spacing and size requirements specified for the plants being replaced. Replacement plants shall be either the same species as - 56 - specified for the ground cover being replaced. Other replacement plants shall be either the same species as the plants being removed or the Contractor and Engineer may agree to the substitution of alternative species of plants to be used as replacements. Replacement plants shall be furnished and planted by the Contractor at his expense. 9.11-CSS-20-4.08 Plant Establishment Work Plant establishment work shall consist of caring for the planting as specified. All container planting, gallon size and larger, is subject to replacement guarantee. Trees and shrubs planted in the wetland areas, riparian areas, or on manufactured slopes shall be guaranteed against growth or death for a period of 180 days from completion of all planting. The City of Carlsbad Parks and Recreation Department will notify Contractor in writing of the start of the plant e s t ab li s hme nt wo rk . During the establishment work, unsuitable growth or death of specified plantings shall be replaced as provided in Section 20-4.07 of the CSS. 9.12-CSS-20-4.081 Maintenance Relief of maintenance and responsibility will be granted for wetlands and riparian planting and all seeding operations within the project. The Engineer will notify the Contractor in writing of the relief of maintenance and responsibility of wetlands, riparian, and seeding only upon completion of all planting operat ions. 9.13 Measurement-and Pavment The work performed under these specifications will be measured and paid for in accordance with Section 29-4.09, "Measurement," and Section 20-4.10, "Payment," of CSS. The cost of providing all labor, materials, tools, and equipment to perform the landscaping work, as specified on the plans and these special provisions, shall be included in the various items of work. IO. HYDRBSEEBING New cut slopes shall be hydroseeded with a mixture as specified herein. Hydroseeded mixture shall be applied by equipment which is standard to the industry. - 57 - The application per acre shall consist of: Wood Cellulose Fiber Stabilizing Emulsion Comme r c i a1 F e r t i 1 ize r ( 1 6 -6- 8 ) Seed: Alyssum Maritima California Poppy At riplex Semibacata Perennial Rye Grass Gazania Hybrida 1,500 pounds 100 pounds 500 pounds 4 pounds 2 pounds 2 pounds 20 pounds 4 pounds The area to receive the hydroseeding shall be pre-moistened. Additional watering will not be required to establish growth. A dispersing agent recommended by the manufacturer may be added provided that the agent is not harmful to the mixture or to plant growth. The materials shall be mixed in a tank having a built-in continuous agitation and recirculation system of sufficient capacity to produce a homogeneous slurry. When hydraulically sprayed on the ground, the material shall form a blotterlike cover impregnated with grass seed and fertilizer. The cover shall allow rainfall or applied water to percolate to underlying soil. If applied material begins to dry out within 24 hours, the Contractor shall spray the dried area with water. The nozzles used for watering shall produce a spray that does not concentrate or erode the material. 11. PAYMENT Payment for hydroseeding shall be at the contract bid price per thousand square feet, and shall include full compensation for furnishing all soil preparation, water, labor, materials, tools, equipment, and doing all work necessary in providing the hydroseeding complete in place. 12. JOB SIGNS The Contractor shall furnish and install job signs at locations on the site as directed by the Engineer. The sign shall be four feet high by eight feet wide, constructed on 3/4-inch exterior plywood with 4x4 redwood posts on each end. When installed, the bottom of the sign shall be five feet above the ground and the posts shall extend a minimum of 2.5 feet into the ground. The sign shall be professionally painted and lettered and shall contain the following information: the name of the' City and City seal; the project name; the name of the prime Contractor; and name of the Engineer, the name and title of the Mayor, the City Council members. c - 58 - The exact layout of the sign shall be coordinated with the Construction Inspection Division of the City Engineering Department. The City will provide City seals for the Contractor's use in preparing these signs. Lettering shall be a minimum of four inches high, block (Gothic) style, painted black on a white background. At the completion of the project, the signs will be delivered to the Engineer's designated storage area, Notification No !!I!%?? - TIfP NO. AGREEMENT REGARDING PROPOSED STREAM UR LAKE ALTERATION THIS AGREEMENT, entered into bctween the State Of Caiifornia, Department of Fish and Came, hereinafter called the Department and City Of CUabad of Cahbad , State of 6alif oaa , hereinafter called thc operator, is as follows: EREAS, pursuant to Section 1 601 of California Fish and Came Code, the operator, on the 2y day of May , 19Bb6-, notified thc Department that he intends to substantially divert Or obstruct the natural flow of, or substantially chan e the bcd. channel, or bank of, or use material from the sheambed of, the following water: acinitaa &reek aticui to8 Ita&? 009 in the County of , state of California, ~35,34~ 12s nL. + . WHEREAS, The De artment (rcprcscnted by-& FItZ8iB!ll!lSnB has madc an inspcction -, 19_86_, and) h;rs detcrmiiicd that of subject area on the ,g day of n ions may substantiall advcrselv affect existing fish arid wildlife resoiirces including: such E&an ,rOo~ands. coastal salt 1 aesaciated wildlife specie6 TIIEREFORE, the Departmcnt lrcrcby proposct mcnsrireg to protcct fish and wildlifc during the opcrator's agrees to accept the following rccomnicndations 3s part of his work. A'umbers - from thc list of rccommcndations on the work. The operator hcreb 1.2.3.4. 13 . IdLL6,19.Z-J--.--- - hack of this pagc and the following special rccommcndations: 1. A11 work in or near the stream or lakc shall be confinctl to the period - 2, Applicaat will conform project to all requirement8 of the Coastal Commieeion, Corps of Engineers. and t4e COa8bl Can- '-8 for the enhanaement of BatlaqJ&oe LeLgosXc____ 3, Mitigation will coneist of regU-g__ahppt 1.7 =ea Qfim habitat near the intersection of-Sarop_v Rowsts Ave wi +& native vegetation, and creatina about 4.7 6 !axLQf-€-sh by dream -0 areas east of tk~~~~.ixe.c%io~~~~~ 4. Monitoring of the enhanced &-Levemtat &L€LZBA&MULbbedcneUal: and approprjate meamre8 taken-if arQ%EArf2SQtes.tahlis~~rly 5. Revegetation of manufadtured 81-ogea a.nd-c~A.hLLB11S viLlbe dQne by h*oeeeding & platina around covers &&xruha4atia&al mix chapazzal.- -- ~- C-reek a%%ltatlon from 8tce.wuslrnpacteLbythk prQ&ctnill-Uep t to a minimum by u8e of ~iltatL.o~bas.ias _~o_ther_adeguatemeana. 6. Ener hd&?.&Qrrl4dll4e_rrOnB trK&&--ELt..-thamnlrth OmCiniflll8 *- A c. , . . .,.._*. _-__. .- . . .- .- . ., *,. --a_.- .q.- ----*. .,- d-2 1;- -;:, +r ?-,,e - - -- j,' I. *o .. . .:- . - ' 'I ' .. . 1. Disturbance or removnl of vcgctatlon shall not exceed tlic minimum necessary to complctc opcntions. Thc disturbed portions of any strcam cliunncl or Iakc rnar- gin within thc high wnter mark of the strcam or Iakc shall I)c rcstorcd to as nc;ir thcir originid condition as possible. * 2. Restoration shall includc thc revcgctation of strippcd or cxposed arcas. rary to construct bdcn or Rlb. If work in thc hku is unavoidaMc, n .curtain cnclosurc to prcvcmt siltation of thc lakc beyond tho imincdiatc worliug rirm sl~all bc installed. Thc ciiclosiirc and any ciipprtivc matcrial shall bc rcmovcd whcn thc work is complctcd. 14. Silt scttling basins sl~idl bc located away from thc strcam or lakc to prcvcnt discolorcd, silt-bcrrring watcr from rcaching the strcam or lakc. - 3. Rock, riprap, or otlicr crosion protcction shill Ix plnccd in arms where vc ctation cannot rc*asonalily bc cxpcctcd to bccomc rccsta lishcd. 4. Installation of bridges. culvcrts, or 0th stmcturcs shall bc such that watcr flow is not impaired and u strcam or downstream passagc of fish is assurcd at ai times. Dottoms of trm orary cul\*erts shall IIC placcd at or cril\.crts shall Ix p1nct.d I)elow strcarn channel gradc. Plaiis for 'dcsign of concrctc sills and othcr featurcs that cauld potentially impcJcp fish migrations must bc approvcd by Dcpartmcnt enginccrs. G. IVlicii an>, darn (any artificial obstruction) b being constructcd, rnnintaincd. or placcd in opcration, suffi- cicnt \\*ator shall at all tirncs hc allo\vcd to pass down- strcam to mJintain fistrlifc bclow thc dam. bclow stre.im c r: ;inncl gradc. Uottoins ot pcrmancnt . -. 13. Prc 'iration shall IN ma& so that runoff from stccp, little crosion potcntial. Frcqucwt watcr chcclir shall hc placctl on dirt roads, cat tracks, or othcr work trails to control crosion. 16. Wr~sli wntcr containing rnrid or silt from aggrcptc \vnsh. inq or 0th opwatioris slidl riot hc .rllo\vcd IO cntcr .I lakc or Bowing strcams. 17. ;I) A silt c;itclimcmt basin shall be coiistructcd across thc strcam inimediatcl 1)clow tlic irojcct site. Tliis catchmcrit basin shall L constructc d ot gravci wtiich is frcc from mud or silt. b) Upon complction of thc rojcct and aftcr all flowing with tlw trappcd scdimcnt shall bc rcmoid from thc st rca m. pro K iLIv surfaccs will Iw divvrtcd into stable ;ircJs \villi watcr in ttic iirca is clcar o P turbidity, thc gr.lvcl alonl: 18. If opcraions rcquirc moving of cquiprncrit acms a flowing strcnrn. siicli opcratlons sli~ll bc mnductcd withotit sub$tdnti.llly incrc-asing strcdrn tiir1)idity. For rcpcatcd crossings. tlic dpcrator shall iii\taII 3 bridge, culvcrt, or rock-fill crossing as spccificd in cumrncrlts 19. If a FtrcJrn ch.innc1 has been altcrcd tliirinq thc opera- tions, its low flow channcl shall IIC rcturnctl :IS nc-;irlv as possi1)lc to its nntiirnl State withotit crrnting n possil)Ic futurc bnnk crosion rmblcvn. or 3 flat \vitlt: chJnncl or 7. An adcquatc fish passage facility rnht bc incurporatcd into any harricr that obstructs fish passage. . . . 8. Any tcrnpbrary dam '(an artificial obstruction) &n- " struuricd shall only bc bui t from mtcrial such as clcm gravcl which will causc littlc or no siltation. - . - 9. KO cquipmcnt will bcipcratcd in ljvc strcim cha1>n&. IO. Eqtiiymcnt shall riot be opc*r;itrd in thc strcam chJr,ncls of fio\ving livc strrams cxccpt as may . bc neccssar). to' ' - - ' 1- bl*low. - r' . .- ., ' 11 construct crosings or barriers and fills at channcl changcs. tl'hcn work in 3 flo\vinq strrnrn is unnvoidahlc, thc cntirc strc;irn(low ~linll I)c divutcd nrotind thc \vork arc3 b a hrricr, tcmporary crilvcrt, and/or a ncw stream fish rnovcmcnt. Construction of thc banicr and/or thc ncw clianncl shall normally bcgin in thc downstream 3r~a ant1 mntiiiuc in an upstrcJm dircc- tiori, and thc flow shall bc divcrtrd onlv when con- struction of thc divrrsion is cornplc*tctl. Chnnncl Innk or Ii.irri(~ construction shall tic* adrcitiatc to prvvcnt sccpniy into or from thc wrk :irm. Cliarirwl hank or harrivrs hall not lw marlr of cnrtti or otlirr \rthrtniicrs sul)ic*ct to crotion iinlcsy first cncloscvl hv shcct piling, rock riprap, or other protective mntrrinl. Thc rnclosrrrc and tlic supportive matcrinl shnll Iw rc-movctl wlicn thc work ic comolvtctl nntf thc rc*rnov;il 5h.iIl normolly proccc*d from dowiztrrnm in an 1ip-itrr:ini ilirwtiori. .I , v b e. channc r capnblc of permitting upstream and down- 20. 21. '.. 1.' I ..