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Home My WebLink About1987-06-16; City Council; 9047; 1986/87 Curb, gutter & sidewalk replacement.C 46#,.=? MTG. 6-16-87 DEPT. U&M TITLE: 1986-87 CURBS, GUTTERS, AND SIDEWALKS REPLACEMENT PROGRAM CITY MGRZQ- RECOMMENDED ACTION: Adopt Resolution No. City Clerk to 1986-87 Curbs, Gutters, and Sidewalks and specifications and authorizing Replacement Program. ITEM EXPLANATION: City Council approved funds in the amount of $74,500.00 in the 1986-87 budget for cement repairs to replace curbs, gutters, and sidewalks in the City. The Streets Division has conducted a survey of the City and established a list for the replacement of curbs, gutters, and sidewalks. Plans and specifications have been prepared and are on file in the Utilities & Maintenance Department. Work is anticipated to take place during September and October, 1987, and take about four (4) weeks to complete. FISCAL IMPACT: The fiscal impact is approximately $61,000.00 according to the estimate. are available in account number 001-820-5110-2411. Funds EXHIBITS : 1. Resolution No. 4 //p 2. Location Listing & Specifications 3. Location Map r 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% RESOLUTION NO. 9118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE 1986-87 CURBS, GUTTERS AND SIDEWALKS REPLACEMENT PROGRAM, CONTRACT NO. U/M-14 WHEREAS, the plans and specifications for furnishing all labor, material, tools, equipment, transportation and other expenses necessary and incidental for the 1986-87 Curbs, Gutters, Sidewalks Replacement Program, Contract No. U/M-14, have been prepared and are on file in the Utilities and Maintenance Department of the City of Carlsbad and are incorporated b5y reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. The plans and specifications as presented are hereby approved. 3. The City Clerk of the City of Carlsbad is hereby authori- ed and directed to proceed to publish, in accordance with law, Notice Inviting Bids for the work of said contract in accordance with said specifications. /I /I /I // /I I/ d i i a 1 ! i 1 ! I( 1: 1: 1: 14 1: 1C 17 1E 15 2c 21 22 23 24 25 26 27 20 r- c PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 16th day of June 1987, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES : None ABSENT: None ATTEST: (SEAL) 3 ’? 1 %* 1 Y P t’. i 9 m Dc m 4 w a Lo w H a --ri-- i i i I i 1 i I i I i i i ! i f I -- _- -- ! i i I 1 ! i i ! i i I i t i -- -- - i i I I I I I I I i I i ! 1 I i i I j I i i I I - -- - i I i I i i i ! i i i 1 ; i i I ? ! i i .- i i ii !I ii ‘i !I i I i ii I1 ii ir i! ti ii !i ii ii it ii i i I i I i i i ! I i I 1 1 I I i i i i i i i I I I I ! i I i ! i i i I [ i ! i f i i i i i i i i i ! i i ! t 1 ! i ! i I i i I i i I i ! i i ! j i 1 1 i ! ! ! i i i i I i! ii ! ii Ut i ai I 31 i ri ! Li I ni ! I i i I i i i i i i i I i i I I ! I -- 4 -i- pj- i i ,- !i iI I! ti iI II li 11 I! I1 !I I! I! i ii i i ii I! li I! 1 i ! I ! I Ci i ; i I i i ! i i i I ! i i '1 i ! i I I I I I f I ! i i ! 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F IC a 6 I 8 --it =- “e - 9 Y, 41 I z 0 4 t +h CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS for 1986-87 CURBS, GUTTES AND SXDEIALKS REPLACEMENT PROGRAM CONTRACT NO- U/M-14 TABLE OF CONTENTS ITEH PAGE NOTICE INVITING BIDS PROPOSAL 1 3 BIDDER ' S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT - PUBLIC WORKS CONTRACTOR 'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION 12 17 CONTRACTOR'S CERTIFICATION OF AWRENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 17 LABOR AND MATERIALS BOND 18 PERFORMANCE BOND . 20 CONTRACTOR'S CERTIFICATION OF COMPLIANCE 22 GENERAL PROVISIONS 23 SPECIAL PROVISIONS/SPECIFICATIONS 29 STANDARD DRAWINGS 32 LOCATION LISTING AND SPECIFICATIONS 38 MAPS OF AREAS OF CONSTRUCTION 43 a c 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 4:OO PM on the 13th day of July, 1987, at which time they will be qpened and read for performing the work as follows: 1986-87 Curbs, Gutters and Sidewalks Replacement Program CONTRACT NO. U/M-14 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file with the City Clerk. Reference is hereby made to th.e 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 (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contracts Code Section 201701, 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 is $61,000.00. Work is anticipated to take place during September and October, 1987, and take approximately four (4) weeks to complete. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. -4 . \ -2- . Sets of Contract documents may be obtained at the Purchasing Department, City Hall, Carlsbad, California, for a nonrefundable fee of $7.35 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contract'or 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 Monday, 3uly 6, 1987 at 9:OO A.M. at the Utilities and Maintenance Administration Conference Room, 2075 Las Palmas Drive, Carlsbad. Projecct sites should be toured by potential bidders prior to prebid meeting. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent and fifty percent, respectively, of the Contract price will be required for work on this project. The contractor shall be required to maintain insurance as specified in the contract. Any additional cost of said insurance shall be included in the bid price. Approved by the City Council of the City of Carlsbad, California, by Resolution No. , adopted on the day of ? 19 t Date Aletha L. Rautenkranz, City Clerk . h CITY OF CARLSBAO -3- CONTRACT NO. U/M-14 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. U/M-14 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 Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words & Unit Price TOTAL 1. Type "G" concrete curbs & gutters including fine grade complete in place at Dollars & Cents per lineal foot. 2,289 L.F. 2. 4" PCC sidewalks including fine grade complete in place - at Dollars & Cents per square foot. 4,170 S.F. 3. 5 1/2" PCC driveway and approcahes including fine grade complete in place at Dollars & Cents per square foot. 1,028 S.F. . 1 Item No . 4. 5. 6. 7. 8. 9. 10. Total -4- Item Description with Approximat e Unit Price or Lump Sum Quantity Unit Price Written in Words & Unit Price TOTAL 7 1/2" PCC crossgutter including fine grade complete in place at Dollars & Cents per square foot. 501 S.F. Sidewalk removal at Dollars & Cents per square foot. 4,170 S.F. Curb and qutter remval at - Dollars & Cents per lineal foot. 2,289 L.F. Driveway and approach removal at Dollars & Cents per square foot. 1,028 S.F. Tree stumps removal at Dollars & Cents per stump. 12 each 5 1/2" PCC cross gutter removal - at Dollars & Cents per square foot 501 S.F. Sidewalk underdrain pipe including fine grade, complete in place at Dollars & Cents Lump Sum amount of bid in words: Total amount of bid in numbers: $ Addendum (a) No(s) hasfhave 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. T.he 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 twenty (20) days from the date of Award of Contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying t'his bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 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 I or Cashier's Check) for ten percent (10%) of the amount bid. a -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 t.he general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Phone Number Bidder's Name Date Authorized Signature Authorized Signature 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 ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) -7- BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we 9 9 as Principal, and 9 as Surety, are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: 1986-87 Curbs, Gutters and Sidewalks Replacement Program Contract No. U/M-14 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, 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 RV Title (Not ar i a1 acknowledgement of (Attach acknowledgement of and SURETY must be attached.) execution by all PRINCIPALS Attorney in Fact) DESIGNATION OF SUBCONTRACTORS -8- The Undersigned certifies heishe has used the subbids of the following listed Contractors in making up hisfher bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Director of Utilities and Maintenance, and in accordance with applicable provisions of the specifications. No changes may be made in these s.ubcontractors except upon the prior approval of the Director of Utilities for each required: Items of Work and Maintenance. The following information is required subcontractor. Additional pages can be attached, if Full Company Complete Address Phone No. Name wfZip Code wfArea 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 Ru s i nes s of Full Company Name . .. License & No. License No.* Bid ($ or %) *Licenses are renewable annually. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed Contracts. (Notarize or Corporate Seal) Bidder's Company Name Bidder's Complete Address Authorized Signature I - 10 - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/ her financial responsibility. (Notarize or Corporate Seal) Signature a - 11 - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 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 bidder's responsibility, experience and skill. An attachment can be used, if notarized or sealed. I Date 1 IName and Phone1 I I Icontract [Name and AddresslNo. of Person I Type of (Amount of I ICompletedlof the Employer Ito Contact I Work 1 Contract I I 1 1 I 1 I I I I I I I I I I I 1 I I I I I I I I I I 1 I I I I I 1 I I 1 I I I I I I I I I I 1 I 1 I I 1 I I I I I 1 1 I 1 I I I I I 1 1 I I I I I I 1 I I I I I I I I I I I 1 I 1 I I I I I I I 1 I I 1 I I 1 I I I I I I I I I I I I I I I I I I (Notarize or Corporate Seal) Sign at ur e CONTRACT - PUBLIC WORKS - 12 - 9 This agreement is made this day of 1987, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and w.hose principal place of business is (hereinafter called "Contractor". ) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 1986-87 Curbs, Gutters and Sidewalks Replacement Program, Contract No. U/M-14 (hereinafter called "project"). 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; 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. Payment. As full compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 9.3.2 of the curre& edition of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. /- - 13 - 5. 6. 7. 8. 9. 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. 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. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage 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. 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. Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986. Prevailing Wage. Pursuant to the Labor Code of the State of California, the director of the Department of Industrial - 14 - Relations has determined the general prevailing rate of per diem wages in accordance with Labor Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 1.0. 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. 11. Insurance. Without limiting contractor's indemnification, it is agreed that contractor shall maintain in force at all times during the performance of this agreement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 9. The policy or policies shall comply with the special insurance 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.'' 8. "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.1' - 15 - 8. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees. 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. 12. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 13. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 14. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act (Government Code Section 900 et seq.) prior to filing any lawsuit for breach of this contract or any claim or cause of action for money or damages. 15. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as .specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 16. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 17. Security. At the election of the City, securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. 18. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any - 16 - such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correct ion. 19. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) APPROVED AS TO FORM: Contractor (Seal ) Rv Title BY Title CITY OF CARLSRAD, CALIFORNIA City Attorney Mayor ATTEST: City Clerk . - 17 - CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY. ,'I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured 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 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. "I am aware of the requirements of the Immigration Reform and Control Act of 19'86 and have complied with those requiremnts, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract .I' Contractor (NOTARIZE OR CORPORATE SEAL) (Notarial acknowledgement of execution by all principals must be attached.)] 5 . ilc -- LABOR AND MATERIALS BOND - 18 - 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 designated as the "Princ (hereinafter :ipal"), a Contract for: 1986-87 Curbs, Gutters and Sidewalks Replacement Program Contract No. U/M-14 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of hisfher 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 Carlsbad in the sum of Dollars ($ 1, said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hisfher 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. a . - 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. 1.N WITNESS WHEREOF, this instrument has been duly executed by the day of Contractor and Surety above named, on the - - , 198 (Notarize or Corporate Seal for each Signe'r) 'I Contractor Surety ' - 20 - PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: I WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to 9 (hereinafter designated as the "Principal"), a Contract for: 1986-87 Curbs, Gutters and Sidewalks Rep lacemen t P r ogr am Contract No. U/M-14 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, ? as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Dollars ($ ), said sum being equal to one hundred per cent 1100%) 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 hislher 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. 9 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 19 . Contractor and Surety above named on the day of 9 (Notarize or Corporate Seal for Each Signer) Contractor Surety - 22 - CONTRACTOR'S CERTIFICATION OF COMPLIANCE I hereby certify that Leqal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Date Signature (Seal 1 (NOTARIZE OR CORPORATE SEAL) Title (Notarial acknowledgement of execution by all principals must be attached.) I . - 23 - GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The Specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hreinafter designated SSPWC, as issued by the Southern Chapters of of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The standard drawings utilized for this project are the - San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Utilities and Maintenance Director: The title shall mean the Utilities and Maintenance Director or his approved representative. 8. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", "designated", llselectedt', or words of similar import are used, it shall be understood that the direction, designation or selection of the Utilities and Maintenance Director is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Utilities and Maintenance Director", unless stated otherwise. . . ,, I L - 24 - 0. Equals and Approvals: Where the words I1equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression, "in the opinion of the Utilities and Maintenance Director", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, accpetance, or similar import of the Utilities and Maintenance Director is intended. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at herlhis expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installinq 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 A construction schedule is to be submitted by the Contractor per Section 6-1 fo the SSPWC at the time of the preconstruction conference. No chanqes shall be made to the construction schedule without the prior written approval of the Utilities and Maintenace Director. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paraaraph or any damges. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The contractor shall begin work within 5 or more work days, at the dis- cretion of the Utilities and Maintenance Director, after being duly noti- fied by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within the number of consecutive calendar days. - 25 - specified in the "Notice to Proceed". If the completion date is not met, the contractor will be assessed the sum of $200.00 per day for each day beyond the completion date is liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6. NONCONFORMING WORK 7. I The Contractor shall remove and replace any work not conforming to the plans and specifications upon written order by the Utilities and Maintenance Director. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. GUARANTEE All work shall be guaranteed for one (1) year after the filing of a ""Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instruction, including two (2) copies to the Utilities and Maintenance Director. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of Inspector(s) designated by the Utilities and Maintenance Director. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspector(s) with such information as may be necessary to keep him/her/them fully informed 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 REOUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause rquired by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though a - 26 - it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith by physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, hisfher subcontractor and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to ' apprise him/her subcontractors and materials suppliers of this condition of the contract will not relieve hisfher of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the Bidder shall be in strict conformity with the drawinas and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietfary names or by names of manufacturer which he/she 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 hisfher 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 (IO) days prior to actual installation. 14. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. - 27 - 15. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and other may be decreased or entirely eliminated. No claim shall be made against the City for damages occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The .City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the Utilities and Maintenance Director will direct the Contractor to proceed with the said work as so modified, If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. 16. SAFETY AND PROTECTION OF WORKERS AND PUBLIC 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 construction as protruding nails, hoists, well holes and falling materials. 17. UTILITIES Utiliites for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) or individually solely for their own use or for the use of their tenants, and storm drains, sanitary sewers, and street lighting. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities located on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all utilities ** J' P . f'- - 28 - and their service connections. The Contractor shall make histher 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. The temporary or permanent relocation or alteration of utiliites, including service connections, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. All costs involved in locating, protecting and supporting of all utility lines shall be included in the price bid for various items of work and no additional payment will be made. 18. WATER FOR CONSTRUCTION Contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements and shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. I - 29 - SPECIAL PROVISIONS/SPECIFICATIONS 1. UTILITIES The Contractor shall notify Underground Service Alert far enough in advance of the work to allow marking of the utility locations at the various sites. It shall be the responsibility of the Contractor to protect all existing utilities whether shown or not on the project plans. 2. PAVEMENT REMOVALS Pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. All concrete or pavement removals shall be made along a saw cut or a weak.ened plane joint. The extent of the pavement removals will be marked in the field by the Utilities and Maintenance Inspector. All removals shall become the responsibility of the Contractor and shall be disposed of at a legal dump site. Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the Contractor. Payment for the concrete removals including asphalt removals necessary to form new gutters and all materials disposal shall be considered included in the unit price bid for this item and no additional compensation will be made therefore. The basis for measurement shall be made on the horizontal sidewalk, curb and gutter areas. The removal of asphalt concrete in the roadway necessary to form gutters will not be considered in the payment of the pavement removal item. 3. CONCRETE SIDEWALK AND CURB AND GUTTERS The construction of concrete sidewalk and curb and gutter shall conform to the requirements of Section 303-5 and 201-1 of the SSPWC and these special provisions. The repair of the driveway aprons shall be included under the driveway item. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind with the existing surrounding improvements and according to the San Diego Regional Standards Number G-2, G-7-1 and G-14-1. 4-y - 30 - Payment for the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items and no additional compensation will be made therefore. 4. BASE MATERIAL Base material under sidewalks, curbs and gutters shall be compacted prior to new installation. 5. ASPHALT CONCRETE Asphalt concrete shall conform to the requirements of Section 203 and 302 of the SSPWC and to these Special Provisions. Asphalt concrete shall be Type 1-B-AR-4000. A tack coat .shall be applied to all abutting concrete surfaces at the rate of 0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion. Asphalt concrete in roadway sections shall be removed by saw cut six inches (6") from gutter lip and parallel to portion being removed with a two inch (2") overlap at both ends. Asphalt concrete in roadway sections shall be repalced with a minimum thickness of three inches (311) after compaction of base material. Compensation for the asphalt concrete complete and in place shall be considered included in the unit price bid for the curb and gutter and no additional compensation will be made therefore . 6. NOTICING PROPERTY OWNERS It shall be the responsibility of the Contractor to inform the affected property owners of the proposed construction in front of residences. Special noticing shall be given to the residents of houses where the driveway is to be repaired. Compensation for the residential noticing shall be consid:red included in the prices bids for the various items of work and no additional compensations will be made therefore. 7. CLEAN-UP Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPWC and to these Special Provisions. _- 8. - 31 - Compensation for site clean-up and dust control shall be considered included in the unit prices bid for the various items of work and no additional payment will be made therefore. STREET CLOSURE, DETOURS, BARRICADES AND SIGNING The Contractor shall not close any street within the City of Carlsbad without first obtaining approval of the City Engineer. The Contractor shall provide and install barricades, delineator warning devices and construction signs in accordance with the Work Area Traffic Control Handbook. All signing and barricading will meet with approval of the City Engineer or his representative. Should the Cont.ractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place necessary item and the Contractor will be billed for items and wages to place items. 3udgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the City Engineer or his representative. 9. REPAIR OF DAMAGES It shall be the responsibility of the Contractor to repair all damage to property caused by the Contractor.' .-. -4 't 4 STANDARD DR The standard drawinqs for the City - 32 - WINGS of Carlsbad shall be comprised of the 1979 edition of the San Diego Regional Standard Drawings (SDRS) as published by the San Diego Department of Transportation and as modified by the additions and substitutions listed below and the City of Carlsbad Supplemental Standards attached hereto. Modifications to the San Dieqo Area Regional Standards G-14.1 Shall be modified by the substitution of the following: 5 1/2" thickness in place of the 4" thickness for residential driveway and 7 1/2" thickness in place of the 6" thickness for commercial driveway. Driveway aprons will be same thickness as driveways. Y' - ..- I, -33- f I .. I I . .. PLAN .. .. ~ I- I + I On- wdth on prwv ELEVATION .. 4l 't . 2 4 -35- Wakmrd flnr Joint A I I NON-CONTIQUOUS i I t Wnkmd flm Joint L------ ----- ------ - - --' CONTIGUOUS LEGEM0 OH RAMS ', . , -,. . . SIDEWALK - TYPICAL SECTJOWS L 1 h -36- t 3 SECTION c .- E 5 c in misting curb ad gum. SECTION A-A SECTION 8-8 APPROVED DRAIN PIPE SIZES 3" 6" to 8" CURB FACE 8" CURB FACE 10" CURB FACE NOTES 1. Pipa rhrll k om continuous length from property line to curb line. 2. Multiple pipes to be mt a minimum distance of D/Z apart. 3. Concrete shall be 52PC-2500 4. Pipe shall be circular asbestos cement, cast iron or rigid plastic. Drain shall not occupy the hatched area BLOCK CORNER nEcnwEinEn nv THE SAN DIEGO REG,ONAL sANDARDS tOYYI,..,TEE WdhLL5 &z /WS SAN DIEGO REGIONAL STANDARD DRAWING rtodif. a ma f-66 COOIdlNlutOr R C E 19807 Dale DRAWING SIDEWALK UNDERDRAIN PIPE NUMBER D-27 J 4' 4' (VARIARI F) h -. - 3'8uuq(np) SLOPE 1/4" PER FT, - ;p : '"+. .. .. . ;4.; .-Si' .. i .. . . . .- ..... ' __. :'*a 0 '. ' . -8' DES I GN STREET SECT IO$ REV. GP APPROVED DATE CITY OF CARLSBAD CI T Y E NC IN E€ R ' SUPPLEMENTAL STANDARD NO. DATE I I CROSS GUTTER c t -- .- i I i i ! i 1 i i i ! ! i i t i -38- _. /.; i! ii I! ii i ! i ! ! i 1! itli i i i i !ii i : ! I 141 I I la1 I ! il!! !&I I I 'a ,. i ! ! i i ! ! 1 ! I t f ! i i i i i i iii i i i I ! !!I !i! i!! ii! !fi !I li ii ii !i If ii ti !I i ii if i ti ij i I i ! i ! ! i i i i i 1 i ! ! i i I i I ! ; I ! i I i ! j ! 1 I ! I i ! I ! ! ! ! I i ! I i i ! i i ! i ! i i I I >i i ! i : : ... ! ! I I ~.. i i i i ! i i i i i ! i i ! I ! i i ! 1 f i i i i ! I ! 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