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HomeMy WebLinkAbout1989-07-18; City Council; 10156; 1988-89 streets chip seal program\B# )0!/5(b ATG. 7/18/89 )EPT. U/M TITLE: 1988-89 STREETS CHIP SEAL PROGRAM 4mak CITY c1nAm%3? MOR. RECOMMENDED ACTION: Adopt Resolution No. 8459 approving contract documents, special provisions and specifications and authorizing the City Clerk to advertise for bids for the 1988-89 Streets Chip Seal Program. ITEM EXPLANATION: The City is in the fifth year of a major street maintenance program. In the past, the program consisted of street overlays and slurry seal applications only. In 1988, the chip seal process was introduced to provide for improved sealing and traction and to extend pavement life on major roads. A chip seal consists of imbedding 3/8 inch size gravel in a thick layer of asphalt sealant, before the sealant has cured. The chip seal application can cost- effectively extend the life of a street by three to five (3 to 5) years. The chip seal program specifies thirty-four (34) lanes miles on several roadways: Tamarack Avenue, Marron Road, Chestnut Avenue, El Camino Real, Carlsbad Boulevard and Elm Avenue. This year, a revised program of notifying City residents of the forthcoming chip seal work will be instituted. Door hangers will be distributed to residences where work will occur, 48 hours prior to the start of work. During the two weeks prior to the work, announcements will appear in local newspapers, and on local radio and cable television. This revised program should better advise the citizens as to the timing of the work to be performed. Contract documents, special provisions and specifications have been prepared and are on file in the City Clerk's Office and the Purchasing and Utilities and Maintenance Departments. Work is anticipated to take place during October and November, 1989, and will take about thirty (30) work days to fully complete, including sweeping, striping and pavement markings. FISCAL IMPACT: Project costs are estimated to be $243,877. Funds are available in Account No. 001-820-5110-2412. EXHIBITS t 1. Resolution No. 89 -a59 2. Location Listing 3. Location Maps 4. Door hangers I L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONTRACT DOCUMENTS, SPECIAL PROVISIONS AND SPECIFICATIONB, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE 1988-89 STREETS CHIP SEAL PROGRAM WHEREAS, the contract documents, special provisions and specifications for the furnishings of all labor, material, tools, equipment, transportation and other expenses necessary and incidental for the 1988-89 Streets Chip Seal Program, Contract No. U/M-24, have been prepared and are on file in the City Clerk's Office of the City of Carlsbad and are incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 1. 2. 3. //I /I/ //I //I /I/ //I /I/ Carlsbad as follows: The above recitations are true and correct. The contract documents, special provisions and specifications as presented are hereby approved. The City Clerk of the City of Carlsbad is hereby authorized and directed to proceed to publish, in accordance with law, Notice Inviting Bids for the work of said contract in accordance with said contract documents, special provisions and specifications. ? .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 25th day of July , 1989 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Pettine, Mamaux and Larson ATTEST: TAMARACK AVENUE: MARRON ROAD: CHESTNUT : CARLSBAD BOULEVARD: EL CAMINO REAL: ELM AVENUE: CHIP SEAL LIST 1900-09 Palisades Drive to Elm Avenue El Camino Real to Highway 78 Monroe Street to Pi0 Pic0 Cement seam under Palomar Airport Road bridge to Manzano Drive Curb to curb from La Costa Avenue to South City Limits El Camino Real to Tamarack c AREA OF CHIPSEAL I .. . AREA OF CHIPSEAL 8 c ri, I" : 1000' 6 _r 0 Asphalt Overlay Chip seal We'rc giving your street llie we over e e aid theii soiiie. I Now What Are You Doing The Road Some Questions and Answers About CHIP SEALS Q: HOW do you de~i which streets get a chip o~al? A we a& chip Q: w didn't you resurface the street with netu asphalt? A Resurfacing with an asphalt werlay is a rather expensive procedure used to repair and refurbirh streets that are in wry poor condition. Achipseal is a practical and ecd way to sxtmd the lii d a street m need d non-extensive upkeep. to the brgcr, me hea+ traa arterial roads. There areusuallyfew.if any. redmceson thesestreets. Q: ~wu~theworkarrchodu~ A The chip seal mixture d noar-ii weather conditions for proper adhesion to the existing surface. For his reason. we schedule chip seals between May and September when the temperature is likely to be mer 70 degeea and the humidiIy under 70 percent. Of course, since we cannot predict the weather. there may be times the chip d may have to be postponed. In that case, we will post signs well in advance of the roocheduled time. Q: wh~n can 1 drive on the strcot after the chip sea^ is add A One of the advantages of chip seal is that it can be driven on soon after it is applied. Howova. driuhg tm fast on a dy the quality of the ride for you and driven in your wake. Please observe conaruction zone we4 limits. chip waled street may ddodgp small stona that could lersen Q: fit can I expect dter the chip A A arcb der rid. ad lort.r life for yomr street! The few koso rocks UriD be gau aft- about two weeks. done? You City Dollars At Work For Yon Utilities and Maintenance Department 2075 Las Palmas Drive Carbbad. CA Qzo9 (619) 4387753 CITY OF CARLSBAD San Diego County Cal i forni a CONTRACT DOCUMENTS AND SPECIAL PROVISIONS for 1988-89 STREETS CHIP SEAL PROGRAM CONTRACT NO. U/M - 24 7/89 . . ITEM TABLE OF CONTENTS . PAGE NOTICE INVITING BIDS ........................... 1 PROPOSAL ................................. 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 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ....................... 12 CONTRACT ................................. 13 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY ................. 18 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 .............. 18 CONTRACTOR'S CERTIFICATION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM ...................... 18 LABOR AND MATERIALS BOND ......................... 19 PERFORMANCEBOND ............................. 21 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........ 23 SPECIAL PROVISIONS ............................ 26 SPECIFICATIONS FOR STREETS CHIP SEAL .................... 32 STREET LISTING FOR STREETS CHIP SEAL .................... 39 AREA MAPS ................................. 40 SPECIFICATIONS FOR TRAFFIC STRIPES & PAVEMENT MARKINGS ........... 46 STRIPING SCHEDULE .............................. 55 PAVEMENT MARKINGS SCHEDULE ......................... 56 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS 1 Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until 3:30 PM on the 28st day of August, 1989, at which time they will be opened and read for performing the work for the 1988-89 Streets Chip Seal Program, CONTRACT NO. U/M - 24. The work shall be performed in strict conformity with the specifications therefore as approved by the City Council of the City of Carlsbad on file with the Uti1 ities and Maintenance Department. The specifications for the work shall consist of the latest edition of the Standard SDecifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association. Reference is hereby made to specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. 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 Contract Code, Section 22300) , appropriate securities may be substituted for any ob1 igation required by this notice or for any monies withheld by the City to ensure performance under this contract. If Contractor elects to use an escrow agent, Section 10263 of the Public Contract Code requires monies or securities be deposited with State Treasurer or a state or federally chartered bank in California. The documents which must be completed, properly executed and 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 Exper notarized are: ence 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 $243,877. The work is anticipated to take place during October and November, 1989, and take approximately 30 workdays to fully complete all aspects of work including sweeping. 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. The following classifications are acceptable for this contract: A, C-12 or C-32. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these 2 documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. One set of plans, special provisions and contract documents may be obtained at the Purchasing Department, City Hall, Carlsbad, California, at no cost to 1 icensed contractors, additional sets may be obtained for a non-refundable fee of $7.50 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 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 compl i ance with provisions of Section 1777.5 of the California Labor Code and Section 4100 et seq. of the Pub1 ic Contract Code, "Subletting and Subcontracting Fair Practices Act". The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work. A pre-bid meeting will be held on August 21, 1989 at 2:OO P.M. at the Utilities and Maintenance Administration Conference Room, 2075 Las Palmas Drive, Carl sbad. A tour of the project site(s) should be made prior to the prebid meeting. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgement 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 (100%) and fifty percent (50%), 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 pri ce. Approved by the City Council of the City of Carlsbad, California by Resolution No. , adopted on the day of , 19 * Date ALETHA L. RAUTENKMNZ, City Clerk 3 CITY OF CARLSBAD CONTRACT NO. Up-24 PRoQoSAL City Council City of Carl sbad 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 Contract documents, Plans, Specifications and Specifications and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete this Contract in accordance with said Contract documents, Plans, Specifications, and Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item Item Description with Prices or No. LumP Sum Price Written in Words 1 Chip Seal, complete in place at dol 1 ars yard. and cents per square 2 Layout and replace traffic stripes and pavement markings, compl ete in place at dollars and cents. Approximate Unit Quantity Price TOTAL & Unit /f iqures) Jf iqures 1 260,475 sq. yds. lump sum .- Item Item Description with Prices or No. LumD Sum Price Wr itten in Words 4 Approximate Unit Quanti ty Price TOTAL i3 Unit j f iqures) ( f iqures), Total amount of bid in words: Total amount of bid in numbers: S Addendum( a) No (s) . included in this proposal. has/have been received and is/are 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 the calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 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 cases 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 this bid shall become 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. C1 assi f icat ion (s) The Undersigned bidder hereby represents as follows: 1. That no Council Member, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that to 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 thi s proposal is for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or Cashier’s Check) The Undersigned is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s 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. 6 The Undersigned is aware of the provisions of the California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute this Contract and agrees to comply with its provisions. Phone Number Bidder's Name Date Bidder's Address Authorized Signature Authorized Signature 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 BIWFR 'S BOND TO ACCOnPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, 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 the 1988-89 Streets Chip Seal Program, Contract No. U/M - 24, 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 ten (10) 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 seal this day of 9 19 Corporate Seal (If Corporation) Principal Surety (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS AND SURETY MUST BE ATTACHED. ) (CORPORATE SEAL) . 8 I DESIGNATION OF SUB-CONTRACTORS The Undersigned certifies he/she has used the sub-bids of the following listed contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Utilities and Maintenance Director, and in accordance with appl icable provisions of the specifications and Section 4104 et seq. of the Public Contract Code - "Subletting and Subcontracting Fair Practices Act". No changes may be made in these sub- contractors except upon the prior approval of the Utilities and Maintenance Director of the City of Carlsbad. If no subcontractors are listed, the Contractor agrees that he/she is fully qualified to and will perform the work. The following information is required for each sub-contractor. Additional pages can be attached, if required: Items of Work Full CornDanv Name Complete Address with ZiD Code Phone No. w/Area Code -3 i I 9 PESI6NATION OF SUB-CONTRACTORS (cont i nued) The bidder is to provide the following information on the sub-bids of all the listed sub-contractors as part of the sealed bid submission. Additional pages can be attached, if required. Full ComDanv Name Type of State Contracting License & No. Carl sbad Business License No.* Amount of Bid (S or %I * Licenses are renewable annually. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed contracts. Bidder' s Company Name Bidder's Complete Address (NOTARIAL ACKNOWLEDGENENT OF EXECUTION WST BE AllACHED.) (CORPORATE SEAL) Authorized Signature ,y"' . ..AIL STATFUENT OF FINANCIAI, RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement financial responsibility or financial statement. of 10 hi s/her Signature (NOTARIAL ACKNOWLEDGMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 11 Date Name and Phone Contract Name and Address No. of Person ComDleted of the Emalover to Contact TVDe of Work BIDDER'S STATEMENT OF The Bidder is required to state what work of a similar character to that included in the proposed Contract which the Bidder has successfully performed and give references, with telephone numbers, which will enable the City to judge the Bidder's responsibility, experience and skill. An attachment can be used, if notari zed/seal ed. T IE Amount of Contract Signature (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 12 LLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBHITFED WITH BID State of California 1 County of 1 ) ss. , being first duly sworn, deposes (Name) and says that he or she is of (Tit le) the party making the (Name of Firm) foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on day of Signature (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED) (CORPORATE SEAL) 13 50 000 OR MORE This Contract is made this day of , 19-, by and between the City of Carlsbad, California, a municipal corporation, (hereafter called "City"), and , whose principal place of business is (hereinafter called "Contractor"). City and Contractor agree as foll ows: 1. DeSCriDtiOn of Work. Contractor shall perform all work specified in the Contract documents for the 1988-89 Streets Chip Seal Program, Contract U/M-24 (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. 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. 3. The Contractor, the Contractor's sub-contractors, and materi a1 s suppl iers 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 will not relieve her/him of the responsi bi 1 i ty of compl i ance . 4. Pavment. As full compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the current edition of the Standard SDecifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the office of the Utilities and Maintenance Director, 2075 Las Palmas Drive, Carlsbad, California 92009-1519 no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. 5. 6. 7. 8. 9. 14 IndeDende nt In vestiaation. Contractor has made an independent investigation of the job site, the soil conditions at the job site, 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 re1 ied on information furnished by City. Contractor ResDonsi ble 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. Chanqe Orders. City may, without affecting the validity of the 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 the unit price, lump sum price or, if the amount cannot be determined from the Contract, by a fair and reasonable amount. If the parties are unable to agree on that amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Utilities and Maintenance Director. The written change order must be executed by the City Manager if it is for $15,000.00 or less or approved by the City Council and executed by the Mayor if the amount of the change order exceeds $15,000.00. Immiqration Reform and Control Act. Contractor shall comply with the requirements of the "Immigration Reform and Control Act of 1986" (8 USC Sec. 1101 - 1525). Prevailinq Waqe. Pursuant to the California Labor Code, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the Office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to the California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 15 I 10. 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 attorney's 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 liability insurance at least $1,000,000 combined single 1 imit covering its operations, including coverage for contractual liability and insurance covering the liability set forth herein. Contractor's liability insurance policies shall contain the following cl auses : A. B. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this pol icy." All insurance policies required by this paragraph shall contain the foll owing cl auses : 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, Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the Utilities and Maintenance Director prior to the effective date of this agreement. 12. Workers' ComDensation. 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. against the City or any of its officers or employees." 16 13. Proof of Insu rance. Contractor shall submit to the Utilities and Maintenance Director 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 (California 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 at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the 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 Uti1 ities and Maintenance Director by certified letter accompanying the return of this Contract. Contractor shall notify the Utilities and Maintenance Director 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. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the City to secure performance of this Contract for any obligation established by this Contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for moneys withheld to ensure performance under this Contract. 18. Provisions Reauired bv Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 17 I 19. Additional Pro visions. Any additional provisions of this Contract are set forth in the "Special Provisions" and "Specifications" attached hereto and made a part hereof. Contractor (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL PRINCIPALS MUST BE AllACHED.) (CORPORATE SEAL) APPROVED AS TO FORM: BY Title BY Title CITY OF CARLSBAD, CALIFORNIA City Attorney Mayor ATTEST: City Clerk 18 CONTRACTOR'S CERTIFICATION OF AWARENESS OF ''I am aware of the provisions of Section 3700 of the California 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. " WORKERS' COMPENSATION RESPONS I BI L ITY Contractor ''1 am aware of the requirements of the "Immigration Reform anG Control Act of 1986" (8 USC Sec. 1101 - 1525) and have complied with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, sub-contractors and consultants that are included in this Contract. I' Contractor CONTRACTOR'S CERTIFICATION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM I hereby certify that [Leaal Name of Contractor) in performing under the turchase 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 a1 1 current amendments. Date Signature Title (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 19 WR AND CIATFRIALS 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 the 1988-89 Streets Chip Seal Program, Contract No. U/M - 24, 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 sub-contractors 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, , as Principal , (hereinafter de; as Surety, are held firmly bound unto the City of Carlsbad in the sum of Dollars ($ ), 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 his/her sub- contractors 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, not to exceed 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 3248 of the California Civil Code. This bond shall insure to benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the California Civil Code (commencing with Section 3082). 20 I 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 9 19 (NOTARIAL ACKNOYLED6MENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) (CORPORATE SEAL) Contractor Surety PERFORMANCE BOND. 21 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 the 1988-89 Streets Chip Seal Program, Contract No. U/M - 24, 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 percent (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 bounded 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 attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 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. ... 22 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 Contractor and Surety above named on the day of 9 19 (NOTARIAL ACKrmYLEDGEMENT OF EXECUTION FOR EACH SIGNER WST BE ATTACHED.) ~~ Contractor (CORPORATE SEAL) Surety 23 ESCROW AGREMENT FOR SURETY PFPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Elm Avenue, Carlsbad, California 92008, hereinafter called "City" and whose address is hereinafter call ed "Contractor" and whose address is herei nafter call ed " Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows: 1. 2. 3. 4. 5. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for the 1988-89 Streets ChiD Seal Proqram, Contract No. - U/M - 24, in the amount of $ dated (hereinafter referred to as the "Contract". A copy of said Contract is attached as Exhibit "A". When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. Prior to any disbursements Escrow Agent shall verify that the present cumulative market value of all securities substituted is at least equal to the cash amount of all cumulative retentions under the terms of the Contract. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. Alternatively, the City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. -', ! 24 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days written notice to the Escrow Agent from the City of the default of the Contractor, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contractor is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections 4 to 6 inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing, and exemplars of the respective signatures are as follows: For City: Title Name Signature Address For Contractor: Title Name Signature Add res s For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 25 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Con tract or : Title Name Si gnat ure Title Name Signature I- ? 26 -PROVISION$ 1. PLANS AND SPECIFICATIONS A. The plans consist of location listing and map delineating the work areas which are further detailed herein. B. The specifications for the work shall consist of the latest edition of the Standard SDecifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, the Special Provisions and the Specifications contained herein. 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. Expeditious commencement and completion of work is of prime importance. 3. DEFINITIONS AND INTENT A. Utilities and Maintenance Director: The title shall mean the Utilities and Maintenance Director or his approved representative. B. Directions: Where the words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Util ities 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. C. Equal s and Approval s: 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 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, acceptance, or similar import of the Util ities and Maintenance Director is intended. 27 D. Perform and Provide: 4. 5. 6. The word "perform" shall be understood to mean that the Contractor, at own expense, shall perform all operations, and shall provide all 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 own expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment and transportation. CODES AND STANOARDS 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. CONSTRUCTION SCHEDULE A. A construction schedule is to be submitted 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 Utilities and Maintenance Director. 6. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages. C. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. D. The Contractor shall begin work within 5 work days, unless otherwise specified by the Utilities & Maintenance Director, after being duly notified by an issuance of a "Notice to Proceed'' and shall diligently prosecute the work to completion within the number of consecutive calendar days, workdays, weeks specified in the "Notice to Proceed." NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Uti1 ities and Maintenance Director. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 28 7. GUARANTEE All work shall be guaranteed for one (1) year after the recording 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 upon completion of work and prior to the filing of Notice of Completion. 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 MuniciDal - Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of the Inspector(s) designated by the Uti1 ities and Maintenance Director. The Inspector(s) shall have free access to any or all parts of work at any time. The Contractor shall furnish the Inspector(s) with such information as may be necessary to keep the Inspector(s) fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve the 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, this Contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, the Contractor's subcontractors and materials suppl iers 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 this 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 Contractor's subcontractors and materi a1 s suppl iers of this condition of the contract will not relieve him/her of the respons i bi 1 i ty of compl i ance. 29 13. 14. 15. 16. s The Proposal of the Bidder shall be in strict conformity with the drawings 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 proprietary names or by names of manufacturer which the Contractor 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 the Contractor’s 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 instal 1 ation. RECORDS The Contractor shall keep a current record of the completed areas to include times, dates and other pertinent data, and submit to an assigned Inspector at the end of each work day or at the beginning of the next work day, upon request by an assigned Inspector. PERMITS A Right-of-way Permit will be required to be obtained by the Contractor as soon as the Contractor is notified of selection as the Contractor for the project. Compensation for the permit shall be included within the contract costs and no additional compensation will be made. When amlvinq for the Dermit. traffic control ~lans for the areas of work are rewired, in addition to other requirements. Traffic control plans shall conform to the latest edition of the State of California, Department of Transportation Traffic Manual, Manual of Traffic Control for Construction and Maintenance Work Zones. Submittal of traffic control plans to the Traffic Engineer a minimum of two (2) weeks prior to the preconstruction meeting is necessary to allow proper time for review, corrections, resubmissions and final approval prior to the preconstruction meeting. A. The quantities given in the proposal by the City 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. 30 17. 18. 19. B. 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 bid 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. A Change Order must be issued prior to any change in work in accordance with the Contract, item 7. SAFETY & PROTECTION OF WORKERS AND PUBLIC A. 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 areas where the work is being performed. B. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards. SURVEYING The 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. UTI LIT1 ES A. Utilit as inc 1 ines, Pub1 i c sol el y drains and af es for the purpose of these specifications shall be considered uding, but not limited to pipe lines, conduits, transmission and appurtenances of "Public Utilities" (as defined in the Utilities Act of the State of California) or individually for their own use or for the use of their tenants, and storm sanitary sewers, and street lighting. The City of Carlsbad 'ected 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 uti1 ities and their service connections. The Contractor shall make 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 this Contract work, and in addition the Contractor shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the Plans. 31 20. B. 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 responsi bil i ty of the Contractor to compensate for uti 1 i ty damages. C. The temporary or permanent relocation or alteration of utilities, including service connections, desired by the Contractor for own convenience shall be the Contractor's own responsibil ity, and 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. D. 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 Uti1 ities and Maintenance Director, 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 Utilities and Maintenance Director. E. 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. 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. F. G. It shall be the responsibility of the Contractor to protect all existing utilities. 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. 32 SPECIFICATIONS FOR 1 a The work to be done consists of furnishing all labor, equipment and materials and performing all operations necessary to complete the chip seal work on the streets as specified herein. Traffic control measures including street closures, detours and barricades will be as required in item 15 - Permits, of the Special Provisions and in accordance with the approved Traffic Control Plan. No street closures will be permitted without prior approval of the Traffic Engineer. The contractor shall cooperate with local authorities relative to hand1 ing traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. The contractor shall provide the "NO Parking - Tow Away Zone" signs that are to be posted 48 hours in advance of work. The local Pol ice Department shall be notified 72 hours prior to the posting of the signs by the Contractor. 1. 2. 3. 4. 5. 6. 7. 8. 9. During construction and until the SS-1H seal coat is applied, vehicle speed shall be posted at 25 M.P.H. by the Contractor using C17 signs. Full compensation for all work involved in dust control, the traffic control plan, the furnishing, installation and removal of temporary barricades, construction signs, warning signs or any device for the temporary control of traffic or safety of the workers, including flaggers, shall be considered as included in the contract price for the various bid items in the Bid Proposal and no additional allowance will be made therefor. Where screenings are being spread on a traffic lane, C6 "Loose Gravel'' and C17 "25 M.P.H." speed signs shall be placed adjacent to the outside edge of the traveled way nearest to the lane being worked on by the Contractor. The first C6 sign shall be placed where the screenings begin with respect to the direction of travel on that lane. The signs shall be placed at maximum 300' foot intervals on residential streets and 500' on major streets along the edge of traveled way and at on-ramps and public roads or streets entering the chip seal area as directed by the Utilities 81 Maintenance Director and is indicated on the approved Traffic Control Plan. The C6 and C17 signs shall be maintained in a place at each location until final sweeping or brooming of the seal coat surface at that location is performed and traffic stripe is in place. The C6 and C17 signs shall conform to the latest edition of the CalTrans Manual of Traffic Controls. The signs may be set on temporary portable supports with the speed sign below the C6 or on barricades with the speed sign alternating the C6 sign. Full compensation for furnishing, placing, maintaining, and removing C6 and speed signs and temporary supports or barricades for the signs shall be considered as included in the contract prices paid for the chip seal and no separate payment will be made therefor. Before spreading any binder that would obliterate existing lane del ineation, the Contractor shall place temporary plastic reflective markers on the existing delineation. The markers shall be placed not more 10. 11. 12. 13. 14. 33 than 48 feet apart on tangents and not more than 24 feet apart on curves. Temporary delineation shall be placed only so far in advance of seal coat operations as may be required for each day's work. Temporary plastic reflective markers shall be Davidson Products Co., "Temporary Lane Line Markers", or an approved equal. Markers shall be yellow or white as directed by the Traffic Engineer. Installation shall be accomplished by removing the cover from the adhesive, placing the marker on the existing lane lines, and applying foot pressure to the marker to ensure complete contact between the adhesive and existing surf ac i ng . When traffic lanes on both sides of the marker have been sealed or at the end of the day's work, the covering of the reflector shall be completely removed and disposed of. The temporary marker shall be maintained in place and clearly visible from both directions of traffic until permanent lane del ineation is placed. The contract lump sum price paid for temporary markers shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing temporary Dlastic reflective markers. comDlete in Dlace, and no additional compensat i on wi 11 be a1 1 owed ' therelfor . The Contractor will be required to supply the services as part of this project: A. Provide the materials, labor, and equipment the application and rolling of the chip sea Foll owing materi a1 s and necessary to accomplish coat as specified. B. Provide labor and equipment necessary to accomplish total sweeping of loose chips from the project streets. The following sweeping schedule shall be carried out by the Contractor. The 1st sweeping shall commence the day of the application of oil. The 2nd sweeping shall commence twenty-four (24) hours after the first sweeping. The 3rd sweeping shall commence one (1) week after the second sweeping . The 4th and last sweeping shall commence fourteen (14) calendar days after the application of oil, at that time the SS1-H seal coat shall be applied. This will require re-posting all the chip seal streets with temporary "No Parking" signs. Care shall be taken to maintain a surface free of loose screening, yet sweeping shall not be performed in such a manner that screening set in the binder will be displaced. All excess screening removed from the project streets will be hauled and disposed of by the Contractor at no addi tional/separate cost to the City. All curb returns at intersections shall be chip sealed at time street is chip sealed. .- -I 34 -- Contractor will be responsible- for keeping the sidewalks and driveway approaches free of loose chips in the construction area until seal coat is applied. 15. Asphaltic emulsion shall be Type RS-2 grade with a liquid rubber latex addi ti ve . 16. Seal coat (rubber latex) shall be medium fine (5/16" x No. 8 size of screening) and shall conform to Section 37-1, "Seal Coats", of the CalTrans Standard Specifications and these Special Provisions. 17. The liquid rubber latex additive shall conform to the following requirements when sampled and tested in accordance with ASTM Designations: D1416 and D1417: Asphal tic Emu1 si on Grade Used Type of Latex Monomer Ration, Butadiene/Styrene Solids Content, Min. X Sol ids Content, Mi n. 1 bs ./gal . Caoglum on 80 mesh screen, Max. % pH of latex Surface Tension, dynes/cm Brookfield Viscosity, cps (Max.) RS2 Ani on i c 73+5/27+5 67 5.0 0.1 9.4-10.5 28-42 2000 18. The liquid rubber latex shall be added to the asphaltic emulsion in accordance with one of the following: -- At the source where the asphaltic emulsion is manufactured. -- By injecting liquid rubber latex into the line used to transfer asphaltic emulsion from the storage tank to the distribution truck. The injection system shall contain a metering device capable of volumetric measurement. 19. Immediately following the application of the bituminous binder, it shall be covered with dampened screenings. The chip spreader shall be a minimum of ten (10) feet, but never by more than fifty (50) feet behind the bituminous binder distribution truck. 20. The Contractor shall furnish a minimum of 2 rubber-coated vibratory drum rollers conforming to Dynapac CA 25AR or approved equal. An operator shall be provided for each piece of equipment. 21. The Contractor shall also furnish one pneumatic-tired roller conforming to the provisions of Section 39-5.02, "Compacting Equipment", of the CalTrans Standard Specifications. An operator shall be provided for the piece of equipment. Rolling shall consist of three (3) complete coverages with rubber-coated vibratory drum rollers and shall begin immediately behind the spreader. The initial roller shall closely follow and never be more than fifty (50) feet behind the chip spreader when chips are being spread. 22. 35 23. All trucks hauling chips shall be equipped with a permanent hitch that will fit the pulling device on the self-propelled chip spreader. 24. As part of project clean-up, the Contractor will be required to sweep the project streets according to the schedule. The Contractor will then be responsible for removing excess screening from the streets. The excess chips obtained from the sweeping operations will be the property of the Contractor, who will be required to dispose of them. 25. Payment for chip seal will be paid for at the contract price per square yard,except that no additional payment will be made for salvaging the excess screenings and hauling them to a designated dump site, and any costs associated with the chip seal operation should be included in the unit bid price of work. 26. Before delivery of materials, certified copies in triplicate of the reports of all required tests shall be submitted to and approved by the Utilities & Maintenance Director. The testing shall have been performed where indicated in this specification at the Contractor's expense by an independent laboratory approved by the Uti1 ities & Maintenance Director. 27. Materials shall be delivered to the site in an undamaged condition. The materials shall be protected against damage and stored in a location approved by the Utilities & Maintenance Director. Defective or damaged materials shall be replaced by the Contractor at no expense to the City. 28. The chip seal shall be applied only when the existing surface is clean and free of visible moisture. Chip seal shall be applied only when the pavement is above 60°F and rising unless otherwise directed. The chip seal shall be applied evenly on the surface as specified herein and as directed. The chip seal shall have a homogeneous appearance, fill all surface voids and penetrate cracks, adhere firmly to the surface, have skid-resistant texture and be clear of loose chips. 29. The cover aggregate shall consist of crushed stone, or gravel or both. It shall be thoroughly clean and free from deleterious matter. It should be essentially one size, sharp, and mostly conform to the following gradation requirements as determined by California Test Method No. 205. A. Sieve Size Percentaqe Passing 3/8" No. 4 No. 8 No. 16 No. 30 No. 200 Medium 5/16 x No. 8 100 30-60 0-15 0-5 0-3 0-2 6. The percentage passing the #200 sieve shall be as close to 0 as feasible to mitigate dust after application. Screenings shall be non- cubical in nature and shall also conform to the following quality requi rement s : 36 Cal i forni a Test Method No. Reauirement Loss in L.A. Rattler Test F1 im Stripping 302 C1 eanl i ness Val ue 227 (After 100 Rev.) 21 1 (After 500 Rev.) 21 1 10% Max. 40% Max. 25% Max. 75% Max. 2. The Contractor shall, upon being notified of selection to do the work, submit a ten-pound sample of screenings proposed to be suppl ied to the Utilities and Maintenance Director. Samples which, in the opinion of the Uti1 ities and Maintenance Director, would result in excessive stripping shall be rejected. The bituminous binder shall be asphaltic emulsion high velocity, Type RS-2, conforming to ASTMS 0977-69, or AASHO M-140, with latex rubber additive. 30. A. B. The approximate rate of application of the combined asphaltic emulsion and latex rubber additive shall be 0.30 gallons per square yard and cover aggregate shall be approximately 22 pounds per square yard. C. The temperature at the time of application shall be not less than 150°F nor more than 180°F. 31. A. The emulsion shall be SS-1H Anionic Emulsion Seal Coat and shall be mixed on a one part to one part ratio. The emu1 sion shall be appl ied at a rate of .10 gallons per square yard. B. The emulsion shall not be applied until a minimum of two weeks has passed since the application of oil. C. Before applying the emulsion, the street shall be swept again to insure that all loose aggregate possible has been removed. D. The temperature at the time of application shall be not less than 100°F nor more than 190°F. 32. The second posting of "No Parking" signs and the second sweeping are considered as incidental to the work and no additional payment shall be made for these items. 33. A. The latex rubber additive, ultrapave 70 latex, as manufactured by Textile Rubber & Chemical Co., 14241 E. Alondra Boulevard, La Mirada, Cal i forni a, 10638, or approved equal . B. The percentage of latex to be added to the emulsion shall be approximately 2.5 percent of the emulsion by volume (25 gallons of latex to 1,000 gallons of emulsion). Mixing requirements shall comply with recommendation of 1 atex manufacturer. C. Latex rubber additive shall be added to distributor not more than one hour prior to time of application. 37 D. In the asphaltic emulsion binder distributor truck, at the time the rubber latex is added, the temperature of the emulsion shall be between 150'F and 180'F and the recirculating pump shall be running. The mixing shall continue for at least 20 minutes or as directed by the manufacturer. 34. All work shall be done in accordance with the Contract documents, Special Provisions and these specifications. 35. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one (1) year after the date of recordation of the Notice of Completion. Within this one (1) year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the work which is found to not meet those requirements. The Contractor shall hold the City harmless from claims of any kind arising from damages due to said defects or non-compliance. 1 36. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the project. Stored materials and equipment to be incorporated in the project shall be located so as to facilitate inspection. 37. The Contractor shall make all repairs, replacements, and restoration within ten (10) work days after the date of notice by the Utilities & Maintenance Director. Failure to comply could result in forfeiture of the Performance Bond. 38. Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations, and quantities. No extra charge or compensations over and above payment for the actual quantities of the various items of work will be allowed because of difference between actual measurements, dimensions, elevations, and quanti ties and those indicated in the specifications; or if certain items of work have not been included in the Bid Proposal. Any difference therein shall be submitted to the Uti1 ities and Maintenance Director for consideration before proceeding with the work. 39. A. The Contractor will provide and install "TOW Away No Parking" construction signs, #TC-R 30-S, for use in posting streets in advance of the work. Signs shall be placed at least 48 hours prior to commencement of work. Signs shall be posed at intervals of not more than 100 feet on both sides of the block affected by the work. Tow-away of any vehicles in violation of the "No Parking" signs will be handled by the Carlsbad Police Department. The City assumes no liability in connection with movement of vehicles by the Contractor. Temporary signing shall be removed as soon as the streets are ready to receive traffic and are accepted by the Utilities and Maintenance Director. E. C. 38 40. A. Notwithstanding any other or concurrent notification by the City of paving operations, the Contractor will notify residences and businesses of street closure uti1 izing a notification method approved by the Utilities and Maintenance Director. B. Notices shall be left on or at the front door of each dwelling or commercial unit abutting the street to be surfaced. This shall be done two (2) days prior to placement of "No Parking" signs. The Contractor shall be required to insert dates and estimated times of closing and reopening streets to local traffic. If the work is delayed or rescheduled for any reason after pl acement of "NO Parking" signs or distribution of notification letters, the Contractor shall re-date the signs affected and redistribute notification letters. 41. Payment for the placement of the "No Parking" signs and notices shall be considered included in the bid price paid for chip seal and no additional payment will be made therefor. 42. All manholes, water valves and monument covers shall receive a heavy coating of aparting agent prior to the application. After the screening has been applied and cured, the Contractor shall remove all material attached to the covers. 43. The Contractor shall be responsible for the removal of all existing raised pavement markers in the work areas. Full compensation for the removal shall be considered in the Contract price paid for the chip seal work and no separate payment will be made therefor. 39 TAMARACK AVENUE: MARRON ROAD: CHESTNUT AVENUE: CARLSBAD BOULEVARD: EL CAMINO REAL: ELM AVENUE: STREET LISTING FOR 1988-89 STREETS CHIP SEAL PROGRAM Palisades Drive to Elm Avenue El Camino Real to Highway 78 Monroe Street to Pi0 Pic0 Cement seam under Palomar Airport Road bridge to Manzano Drive Curb to curb from La Costa Avenue to South City 1 imi ts El Camino Real to Tamarack Avenue A - -, . 40 4 I" : IOGOii 2 I" = 1000" 6 3 44 : 100 0' 1 45 46 1. 2. 3. 4. 5. 6. 7. 8. 9. SPECIFICATIONS FOR TRAFFIC STRIPES AND PAVEMENT UARKINGS FOR 19 88-89 STREETS CHIP SEAL PROGRAM Standard Specifications referred to in these Specifications refer to the current edition of CALTRANS Standard Specifications and any changes thereto. Painting traffic stripes (traffic 1 ines) and pavement markings (legend) shall conform to Section 84-1, "General", and Section 84-3, "Painted Traffic Stripes and Pavement Markings", of the Standard Specifications and these Speci f i cat i ons . Control of alignment and layout shall be the responsibility of the Contractor and subject to approval by the City Traffic Engineer. Layout for striping and the symbol of the pavement marking (legend) on resurfaced roads shall be based on plans to be supplied by the Utilities and Maintenance Director at the Preconstruction Meeting. Section 84-3.02, "Materials", of the Standard Specifications is amended to read: Paint for traffic stripes and pavement markings shall conform to the following State specifications! Paint State SDecification No. Rapid Dry Water Borne - White and Yellow 8010-616-30 Glass beads shall conform to State Specification No. 8010-515-22 (Type 11). Copies of State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, (916) 739-2400. The use of solvent borne paint shall be prohibited. Thinning of paint will not be allowed. Paint shall be tested prior to use or the manufacturer shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 6-1.07, "Certificates of Compliance", of the Standard Specifications. Said certificate shall certify that the paint complies with the specifications and that paint manufactured to the same formulation and process has previously passed State testing. A list of manufacturers that have produced paint meeting State specifications is available from the Transportation Laboratory. (Material suppl ied by manufacturers other than those that have manufactured approved paint will require complete test i ng . ) 10. The first coat of paint for traffic striping and pavement markings shall be applied after the seal coat is applied. The second coat shall be completed no later than 4:OOPM the following day. 11. 12. The Contractor will not be required to paint the 3-inch wide black stripe between the two 4-inch yellow stripes of a double traffic stripe. The Contractor shall be responsible for maintaining safe traffic operation through the work area. A10-A f Q 4 B c _i !I It t i, P- I 1 I bl Itl i t ti' is fp m 1 ti' ' 48 , .. 7:-. I t .$ 0 t i' 1 E a c 49 . 50 lilt t II t 9 Y I EEE jo[ 000 +- *$- IO i In Io L1 ). A-24A I---- ; +=-- r ..*.?I -- - - c c 51 P .. I I- .em t-.ea-* I z .o-.ot it-. I i + -t-f -e7 52 53 ........ L 4: ........ I i 1 i .. .. I- Y 51 - -. .. ....... .......... c 51 . n < .... 1 L 1 I .. ......... n .. ..... - - - - . . -. .. I f r i .. \-y C:L ._..' .. __ . n t I. i ._ . . >:Sb - .......... e -. ....... .- ...... - - .. -. ~ ....... g. , : 54 4-240 .... e .:. c I- $! t ON tL a . 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