The URL can be used to link to this page

Home My WebLink About1989-08-01; City Council; 10173; 1988-89 streets overlay program\B# /1?/q3 TITLE: ATQ. 8/1/89 1988-89 STREETS OVERLAY PROGRAM IEPT. U/M \n/w xb RECOMMENDED ACTION: Adopt Resolution No. approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the 1988-89 Streets Overlay Program. -. Y DEPT. HD. CITY ArrY CITY MG ITEM EXPLANATION: The City of Carlsbad is in the fifth year of a major street maintenance program. In the past, the program consisted of street overlays and slurry seal applications, with the chip seal process added in 1988. The street maintenance program will again include overlay, chip seal and slurry seal projects. The chip seal and slurry seal were considered by the Council on July 25, 1989. This overlay program specifies 11.5 lane miles on several roadways in the City, El Camino Real, Paseo Del Norte, Chestnut Avenue, Ponto Drive and Laurie Circle. This year, a revised program of notifying City residents of the forthcoming overlay 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 twenty (20) work days to fully complete, including striping and pavement markings. FISCAL IMPACT: Project costs are estimated to be $360,000. Funds are available in Account No. 001-820-5110-2412. EXHIBITS : 1. Resolution No. 2. Location Listin 3. Location Maps 4. Door Hanger i 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. 89-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY DOCUMENTS, SPECIAL PROVISIONS AND BPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTIBE FOR BID8 FOR TEE 1988-89 STREETS OVERLAY PROGRAM,CONTRACT NO. U/M - 26 OF CARLSBAD, CALIFORNIA, APPROVING CONTRACT 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 Overlay Program, Contract No. U/M-26, 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 Carlsbad as follows: 1. The above recitations are true and correct. 2. The contract documents, special provisions and specifications as presented are hereby approved. 3. 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 contact 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 Atday of August , 1989 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: (SEAL) STRE ET STING FOR 1988-89 STREE TS OVERLA Y PROGRAM 1. El Camino Real: Rancho Carlsbad Mobile Home Park to Faraday Drive 2. Paseo Del Norte: 100' South of Palomar Airport Road to Camino Del Parque 3. Chestnut Avenue: Cameo Road to Monroe Street 4. El Camino Real: Marron Road to Highway 78 (piuht Work)- 5. Ponto Drive: North and South Bound From off ramp to North end of Lanakai Mobile Home Park 6. Laurie Circle: Ann Drive to end. I'= 1000' I’ = 1000’ 2. 3 I” = 1000’ 1 AREA’ OF OVERLAY 4 a- I" = 1000' AREA OF OVERLAY AREA OF OVERLAY -- The Where: When: 0 Asphalt Overlay 0 Chip Seal We’re giving your street the me over e aiid then some, The Carlsbad Utilitiesand Maintenance Department wants to keep your street and all of the thoroughfares in Carlsbad among the finest in the area. To accompliih that goal, we routinely evaluate the condition of each street in the city. After careful examination, we dotermine what, U any, maintenance must be performed. Our knowledgeable and courteous team d city employees works with qualified outs& contractors to perform the necessay maintenance work as explained on the back of ths handout. We do our best to inconwnionce you as little as possibk, and strictly adhere to our work schedu!es, weather permitting. On the day of the scheduled work, please follow all directions and traffic control devices within the maintenance area, removing ywr car from “No Parking” areas and refraining from driving on the street until after the posted time. Once the street is open, please limit your speed to 25 mph, and watch out for workers in the roadway. We are committed to creating a better quality &for the residents and emplower d Carlsbad. haso help ua help you. Thank you for your cooporation. Director, Utilities and Maintenance Department (619) mns Now What Are My Street Asphalt owrlays add structural strength along with up to 15 more years of life to the road. A huo-inch layer of new asphalt is simply “laid wr” an old surface that has became cracked and plagued with potholes and ruts. Some Questions and Answers About ASPHALT OVERLAYS Q: Why do you do an asphalt overlay? A We want to ensure you a safe and pleasurable ride in an economically feasible way. Just as the cost of staying healthy is much cheaper than the cost of getting well after you’re sick, maintaining the streets in proper condition is more efficient and cost-effective than waiting until they need total reconstruction. Q: When can I drive on the new surface? A: The asphalt, which is applied at about 320 degrees Farenheit, hardens as it cools. After the temperature has dropped to 150 degrees and we’ve rolled the surface smooth, you’ll be back in the driver’s seat again. The entire process takes only about one hour. fi resurfaced road? , What precautions should I take when driving on a newly Driving carelessly over recently applied asphalt can per manently lessen the quality of the ride for you and all other motorists using that road. Hasty stops and impetuous turns will create ruts in the new surface, decreasing the lifespan of the work just accomplished. Severe cases may result in deterioration that requires us to redo the foad, wasting the time and tax dollars of the motorist at fault as well as everyone else involved. Q: When are you going to put the striping back on the road? A: After we have overlaid the street, we will return in a day or two to replace the striping. In the meantime, we use raised reflectors to delineate the lanes, so please exercise extra caution while driving under these temporary circumstances. Q: What can I expect after the asphalt overlay tias been done? A A much better ride and a jreat lookins street! Some loose pebbles that may appear in the first few weeks are nothing to be alarmed about and will be swept up regularly. Your City Dollars At Work For You Utilities and Maintenance Department 2075 Las Pahnas Drive Carlsbad. CA 92009 (619) 438-7753 I I.’ CITY OF CARLSBAD San Diego County Cal i forni a CONTRACT DOCUMENTS AND SPECIAL PROVISIONS for 1988-89 STREETS OVERLAY PROGRAM CONTRACT NO. U/M - 26 7/89 . TABLE OF CONTENTS ITEM 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 OVERLAY ..................... 32 STREET LISTING FOR STREETS OVERLAY ..................... 37 AREA MAPS ................................. 38 SPECIFICATIONS FOR TRAFFIC STRIPES & PAVEMENT MARKINGS ........... 44 STRIPING SCHEDULE ............................. 53 PAVEMENT MARKINGS SCHEDULE ......................... 54 1 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 5th day of September, 1989, at which time they will be opened and read for performing the work for the 1988-89 Streets Overlay Program, CONTRACT NO. U/M - 26. 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 Utilities 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 (IO) 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 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 $360,000. The work is anticipated to take place during October and November, 1989, and take approximately twenty (20) workdays 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. The following classifications are acceptable for this contract: A, C-12, 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 licensed contractors, additional sets may be obtained for a non-refundable fee of $8.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The 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 compliance with provisions of Section 1777.5 of the California Labor Code and Section 4100 et seq. of the Public 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 28, 1989 at 3:OOPM at the Utilities and Maintenance Administration Conference Room, 2075 Las Palmas Drive, Carlsbad. 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 price. Approved by the City Council of the City of Carlsbad, California by Resolution No. , adopted on the day of 9 19 * Date ALETHA L. RAUTENKRANZ, City Clerk 3 CITY OF CARLSBAD CONTRACT NO. U/M - 26 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 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: Approximate Unit Item Item Description with Prices or Quantity Price TOTAL No. LumD Sum Price Written in Words ?t Unit 1 fiqures). _(f iqures 1 Asphalt Concrete, type 1-C-AR-4000, complete in place at per ton. 7,834 Tons Dollars and Cents Night paving asphalt concrete type 1-C-AR-4000, complete in place at Dollars and Cents per ton. 1,236 Tons Header grinding, complete in place at Dollars and Cents per lineal foot. 2,516 L.F. Night header grinding, complete in place at Dollars and Petro Matting, complete in place Cents per 1 ineal foot. 4,552 L.F. -- at Dollars and Cents per square yard. 67,665 Sq. Yds. Layout and replace traffic stripes and pavement markings complete in place at Dol 1 ars and Cents. Lump Sum i 1 4 Approximate Unit Item Item Description with Prices or Quantity Pr i ce TOTAL No. LumD Sum Price Written in Words & Unit (fiqures) (fiqures) 7 Adjust manhole covers, complete Dol 1 ars in place at and Cents each. 25 Each 8 Adjust monuments and sewer dead ends complete in place at Dollars and Cents each. 17 Each Total amount of bid in words: Total amount of bid in numbers: $ Addendum( a) No( s) . included in this proposal. has/have been received and is/are 3 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 ication( 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 this 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 Authorized Signature Authorized Signature Bidder's Address Type of Organization List below names of President, Secretary, Treasurer and Manager, if a corporation; and names of all partners, if a partnership: (Individual, Corporation or Partnership) (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED. ) (CORPORATE SEAL) i 7 BIDDER’S BOND TO ACCOMPANY 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 Overlay Program, Contract No. U/M - 26, 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) Pri nci pal Surety Title (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS AND SURETY MUST BE ATTACHED. ) (CORPORATE SEAL) a 8 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 applicable 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 ComDanv Name Complete Address with ZiD Code Phone No. w/Area Code . 9 DESIGNATION OF SUB-CONTRACTORS (continued) 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 Amount of License No.* Bid ($ or %l * Licenses are renewable annually. If no valid Valid license must be obtained prior to submiss (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 1 icense, indicate "NONE". on of signed contracts. Bidder ' s Company Name Bidder's Complete Address Authorized Signature , 10 BIDDER’S STATEMENT OF FINANCIAL RESPONS 161 LITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility or financial statement. Signature (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED. ) (CORPORATE SEAL) 11 Date Name and Phone Contract Name and Address No. of Person ComDleted of the EmDlover to Contact BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE TvDe of Work 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 notarized/seal ed. Amount of Contract Signature (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 12 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of Cal i fornia 1 ) ss. County of 1 , being first duly sworn, deposes (Name 1 and says that he or she is of (Title1 the party making the (Name of Firm1 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 CONTRACT - PUBLIC WORKS, 550.000 OR MORE This Contract is made this day of , 19-, by and between the City of Carlsbad. California, a municiDa1 corDoration, (hereafter -. call ed "City") , -and , whose principal place of business is (hereinafter called 'Contractor"). City and Contractor agree as follows: 1. Descriotion of Work. Contractor shall perform all work specified in the Contract documents for the 1988-89 Streets Overlay Program, Contract U/M - 26 (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, the Contractor's sub-contractors, and material 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 re1 ieve her/him of the responsi bi 1 i ty of compl i ance. Payment. 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. 4. 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. 14 5. IndeDendent Investiqation. 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 relied on information furnished by City. 6. Contractor ResDonsible 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. 7. 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. 8. 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). 9. Prevailinq Waae. Pursuant to the California Labor Code, the Director of the Department of Industrial Re1 ations 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 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 incl ude a1 1 costs and expenses, i ncl udi ng 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 limit covering its operations, including coverage for contractual liability and insurance covering the 1 iabil ity set forth herein. Contractor's 1 iabil ity insurance policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." All insurance policies required by this paragraph shall contain the following clauses: A. "This insurance shall not be cancelled, limited or non-renewed until after thirty days written notice has been given to the City." B. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees." 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 responsi bi 1 i ty for negl igence. 16 c . 13. Proof of Insurance. 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 Utilities 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 by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 17 19. Additional Provisions. set forth in the "Special and made a part hereof. (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.) Any additional provisions of this Contract are Provisions" and "Specifications" attached hereto Contractor BY Title BY (CORPORATE SEAL) Title APPROVED AS TO FORM: CITY OF CARLSBAD, CALIFORNIA City Attorney Mayor ATTEST : City Clerk I 18 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY ''1 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." Con tractor 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 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 CERT I F I CAT ION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM I hereby certify that (Legal 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 (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED. ) (CORPORATE SEAL) LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: 19 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 Overlay Program, Contract No. U/M - 26, 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 designated as the "Contractor"', and 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 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 ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) (CORPORATE SEAL) Contractor Surety 21 PERFORMANCE 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 Overlay Program, Contract No. U/M - 26, in-the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, 9 as Principal , (hereinafter designated as the "Contractor"), and , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Dollars (6 ), 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 ? 19 - (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) (CORPORATE SEAL) Contractor Surety 23 ESCROW AGREEMENT FOR SURETY DEPOSITS 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 hereinafter called "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 Overlay Program, Contract No. U/M - 26, 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. 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. 9. 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 Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall del iver 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 Contractor : Title Name Signature Title Name Signature 26 SPECIAL PROVISIONS 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 Pub1 ic 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 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. C. Equal s and Approval s: Where the words "equal " , "approved equal " , "equi Val entll 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 Utilities and Maintenance Director is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at own expense, shall perform all operations, and shall provide all 27 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. 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. 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 Di rector. B. 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 uti1 ities 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 81 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 cal endar days , workdays, weeks speci f i ed in the "Not i ce to Proceed. 'I 6. NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or 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. 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. 9. 10. 11. 12. 13. MANUFACTURER’ S INSTRUCT IONS 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. 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. CITY INSPECTORS All work shall be under the observation of the Inspector(s) designated by the Utilities 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. PROVISIONS REOUIRED 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. 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 materials suppliers of this condition of the contract will not relieve him/hei responsi bi 1 i ty of compl i ance. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the and specifications and based upon the items indicated or specif .of the drawings ed. The .. 29 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, materi a1 , 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 at ion. 14. 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. 15. PERMITS A. 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. B. 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 amlyinq for the permit. traffic control Dlans for the areas of work are reauired, 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 the 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. 16. gUANTITIES IN THE SCHEDULE 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. r. 30 B. The City reserves and shall have the right, wh,en 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. 17. 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. 18. 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. 19. UTILITIES A. Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission 1 ines, and appurtenances of "Pub1 ic Uti1 i ties" (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 indicated on the Plans is not guaranteed. Service connections to adjacent property may or may not be shown on the Plans. It shall be the responsibility of the Contractor to determine the exact location and elevation of all utilities and their service connections. The Contractor shall make 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 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 responsibility of the Contractor to compensate for utility 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 responsibility, 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 Utilities 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. 20. 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 STREETS OVERLAY 1. The work to be done consists of furnishing all labor, equipment and materials and performing all operations necessary to complete the over1 ay work on the streets as specified herein. 2. Traffic control measures including street closures, detours and barricades will be as required in item 158, Permits, of the Special Provisions, and in accordance with the approved traffic control plan. 3. The Contractor shall not close any street within the City of Carlsbad without first obtaining the approval of the City Engineer. 4. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the latest edition and revisions of the State of California, Department of Transportation Traffic Manual, Manual of Traffic Controls for Construction and Maintenance Work Zones. During adverse weather or unusual traffic or working conditions additional traffic control devices shall be placed as directed by the Utilities and Maintenance Director. All traffic signs and devices shall conform to the current State of California, Department of Transportation, "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways," unless otherwise approved by the Utilities and Maintenance Director. 5. The Contractor shall provide and maintain 48 inch-high reflectorized cones at 20 feet on center with ribbon along walkways of high pedestrian use, as designated by the Inspector. 6. During paving operations, barricades may be supplemented with minimum size 18 inch high traffic cones and delineators; such that spacing between barricades and/or cones or delineators is no greater than 25 feet. At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided wherever requi red by the Uti 1 it i es and Maintenance Di rector. 7. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the Utilities and Maintenance Director or his representative will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the fol 1 owi ng provi si ons : For placing barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. For flashers 0 $2.50 per flasher for the first day or any part thereof and $1.00 per flasher per day for each day thereafter or any part thereof. For traffic cones - $1.00 per cone for each day or any part thereof. 33 -. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. In the event that the services of the City are required between the hours of 5:OOPM and 6:30AM, during the normal week or any time on Saturday, Sunday, or a City holiday, there shall be an additional charge of $26.00 for each service trip required. Judgement as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Utilities and Maintenance Director. The Contractor shall re1 ocate, preserve and maintain the vi si bi 1 i ty of a1 1 existing signs within the project limits which affect the flow of traffic, as directed by the Utilities and Maintenance Director or his representative. Any signs which are damaged or removed by the Contractor during the course of construction shall be replaced by the Contractor at Contractor’s expense as directed by the Utilities and Maintenance Director. The Contractor shall insure that sole access routes to the business and residences along the streets to be resurfaced shall be maintained unless otherwise approved by the Utilities and Maintenance Director, and adequate notification given to the affected property owner. All costs related to the installation, maintenance and removal of traffic provisions and safeguards, shall be considered as included in the prices paid for the various contract items of work and no additional payment will be made therefor. The Contractor shall coordinate his schedule so as not to interfere with 1 oca1 trash coll ection. The Contractor shall maintain a minimum of one lane of traffic in each direction at all times during construction hours of 7:OOAM to dusk. On Saturday, Sunday and designated legal holidays, and when construction operations are not actively in progress on working days, the Contractor shall maintain all travel lanes of the roadway. Any deviations of these requirements shall be approved by the Utilities and Maintenance Director. Asphalt concrete shall be Type 1-C-AT-4000 and shall conform to the requirements of sections 203 and 302 of the SSPWC. For sections where feathering is required, the Contractor may, at the direction of the Utilities and Maintenance Director, use Type 1-E-AR-4000. A1 1 asphalt concrete materi a1 shall be deposited and spread on the prepared surface by means of an approved sel f-propel1 ed mechanical spreading device. Use of a motor grader for spreading shall not be permitted. All surfaces to be resurfaced shall be swept and cleaned by the Contractor no more than 24 hours prior to the paving operation. The Contractor shall be responsible for the removal of existing raised pavement markers in the work areas. Full compensation shall be considered as included in the contract price paid for the asphalt and no separate payment will be made thereof. Tack coat shall be SSI type asphaltic emulsion and shall be applied at the rate of 0.12 gallons per square yard. 34 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Asphalt concrete material shall be overlaid to a minimum depth as specified except where it is to be feathered at the roadway edges. The Contractor shall pave over the tops of all sewer and storm drain access holes and meter box covers. Covers shall be treated to prevent adhesion of the asphalt concrete. The Contractor shall notify Underground Service Alert far enough in advance of the work to allow marking the location of utilities. All utility structures and covers shall be adjusted to grade by the respective utility. The Contractor shall be responsible for marking the location of all utility covers. The unit price paid for asphaltic concrete shall be considered as full compensation for all labor, equipment and materials and all things necessary to complete the work as specified in these specifications, and no additional payment will be made therefor. Payment for contract services, will be made only when all labor and materi a1 re1 eases from suppl i er and empl oyees are received by the Uti 1 i ti es and Maintenance Director. All cold joints left overnight or for long periods of time will be cut at a 45 degree angle and tacked fully to ensure a proper bond and to minimize seam separation. A cold planing header cut operation shall be used. The temperature at which the work is performed, the nature and condition of equipment, and the manner of performing the work shall be such that the payment is not torn, gouged, shoved, broken or otherwise damaged by the planing operation. The cold planing operation shall consist of preparing a foundation for the placement of surfacing course by the removal of excess bituminous material to the satisfaction of the Engineer. Contractor shall provide all necessary labor, materials, and equipment to immediately load the bituminous material into dump trucks for hauling to the contractor’s disposal site. No loose material shall remain on the site. The Contractor shall construct a minimum 5’ wide cold plane header cut at designated locations where the proposed overlay joins to existing AC and along the curb line except where indicated otherwise. The depth of the cut shall be as shown on plans to allow for the full design depth of the AC, overlay and reinforcing fabric to be constructed for the complete over1 ay sect i on. The bituminous surface shall be removed to the depth, width, and cross section as directed by the Director of Utilities and Maintenance, and the loosened material shall be removed to a disposal site by the contractor. Payment for cold planing shall be by lineal feet completed, regardless of depth, as measured on the site. Payment shall be full compensation for furnishing all labor, materials, equipment, and tools necessary to perform the planing operations and the hauling of grindings to a disposal site. The planing machine shall be specially designed and built for cold planing of bituminous pavement with the ability to plane concrete if necessary. 35 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. The cutting drum shall be a minimum 60" width with c,arbide tip cutting teeth placed in variable lacing pattern to produce the desired finish; the machine shall be capable of being operated at speeds from 0 to 150 FPM; it shall be self-propelled and have the capability of spraying water at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being reconditioned and so designed that the operator thereof can at all times observe the planing operation without leaving the controls. The machine shall be adjustable as to slope and depth, and capable of removing, in one pass, a layer of bituminous material 5 feet in width and 2 inches in depth. The equipment shall also have an effective means for removing excess material from the surface and for preventing any dust resulting from the operation from escaping into the air. The Contractor shall provide and install Petro Mat in areas designated for its use by the Utilities and Maintenance Director or his representative. Dusting over the Petro Mat (AC) may be required to prevent bleed-through, at the discretion of the Utilities and Maintenance Director. Tack coat for Petro Mat shall be AR-4000 and shall be applied at a rate of 0.25 gallons per square yard. Compensation for all labor, equipment, and materials and all things necessary to complete the installation of Petro Mat shall be considered included in the bid price and no additional payment will be made. The Contractor will provide and install "TOW Away No Parking" construction signs, #IC-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 posted 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 Pol ice Department. The City assumes no 1 iabil i ty in connection with movement of vehicles by the Contractor. Notwithstanding any other or concurrent notification by the City of operations, the Contractor will assure notification of residences and businesses of street closure. 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 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. Payment for the placement of the "NO Parking" signs and notices shall be considered included in the bid price paid for asphalt concrete and no additional payment will be made thereof. Night paving and night header grinding operations shall take place between the hours of 6:OOPM and 6:OOAM or at other times specified by the Utilities and Maintenance Director. Additional 1 ighting for night paving and night header grinding operations shall be supplied by the Contractor and included in the bid price for night 36 paving and night header grinding respectively. Judgement as to adequacy or sufficiency of lighting will be the opinion of the Utilities and Maintenance Director. 41. The Contractor shall adjust designated sewer, manhole covers and .c- monuments, and sewer dead ends to finish grade.* 3. c All manholes shall be thoroughly cleaned of any construction debris +which may have entered due to the Contractors operations. The G=- Contract unit price paid for these items shall include full 4- compensation for furnishing all labor, tools, equipment and e+ incidentals necessary to complete these items in place, and no c;- additional compensation will be allowed therefor. - 37 STREET LISTING FOR 1988-89 STREETS OVERLAY PROGRAM 1. EL CAMINO REAL: Rancho Carlsbad Mobile Home Park to Faraday Drive. 2" overlay; 5,462 tons AC; 39,625 square yards Petro matting. 2. PASEO DEL NORTE: 100' South of Palomar Airport Road to Camino Del Parque. 2" overlay on drive lanes only; 1,660 tons AC; 12,611 square yards of Petro matting. 3. CHESTNUT AVENUE: Cameo Road to Monroe Street. 2" overlay, 445 tons AC; 4,286 square yards Petro matting; 2,516 lineal feet header grind. 4. EL CAMINO REAL: (Niqht Work) Marron Road to Highway 78 north and south bound. 2" overlay with 11,143 square yards Petro matting on all lanes and turn pockets; 1,236 tons AC; 4,552 lineal feet header grind at all gutters, medians and cross gutters. Note that this is niqht work. 5. PONTO DRIVE: from off ramp to north end of Lanikai Mobile Home Park. 1" overlay; 185 tons AC; 0 Petro matting 6. LAURIE CIRCLE: Ann Drive to end. 2" overlay; 82 tons AC; 0 Petro matting. I”= 1000’ .- 39 I”= 1000‘ 40 3 I”=loOo’ AREA. OF OVERLAY PLAZA iz- AREA' OF OVERLAY h. I" = 1000' 42 AREA OF OVERLAY AREA OF OVERLAY 6 44 1. 2. 3. 4. 5. 6. 7. 8. 9. SPECIFICATIONS FOR TRAFFIC STRIPES AND PAVEMENT MARKINGS FOR 1988-89 STREETS OVERLAY 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 Specifications. 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: State Paint Soecification No. Rapid Dry Water Borne - White and Yellow 8010-616-30 Glass beads shall conform to State Specification No. 8010-513-22 (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 wi 11 require compl ete testing. ) 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. 45 11. 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. 12. The Contractor shall be responsible for maintaining safe traffic operation through the work area. 46 .. A20-A Q ii 0 0 ro i I 4 I I T it a i 8 it 47 48 fi't t '1 t I O J Of J i 0. oa 0: io1 0 s-f- 4 0 a 9 I- W 0 t \ ! I I I i Io R R I A-24A F ,.*.*a 49 50 ! ! ..a -- c . . . . &.. n ae - ^I_ A-24C I 51 I i Y 8 0 2 c Y 8 N N I .. ....... r c d c 8 f ~~ ...... ........ .. ...... ........ .... -- . - .. L I c I 1 1 ...... c: Y sl N f Y 3 2 z t i 3 t ....... 52 .:. t 6. Y 8 L. n * .._. -- I . G Y 4 D n < . t: n L c Y 8 CL .. < I ........... I I R c I ........... ........... I ........... is: Q 1- IC ........... ........... I * I I I ........... 10 0 IIn 0 IN := 3 ........... I I I 0 I 8 ........... ........... I000 I ooln : OR= 53 .... IC c .... 8 r .... 0 .... 0 In N N .... E In N .... 0 .... E E In N .... .... 0 9 z .... 0 In E .. c y. t 2 P -1 -1 c r .- .. .. .. .. .. .. c .. c .. .. .. .. .. .. N 3 w h P E! -1 w a 3 E! 8 4 a w E < h .... .... .... .... M .... N .... .... .... U .... N c .... .... .... - .... .... -0 N Y n P W -1 i ii - z c -1 n 2 W ie: 2% E: c ;!! eLL * .. I 0: .. I 08 I 0: .. I 0: CI I I .. m: 2: e: -1, 54