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Home My WebLink About1989-09-12; City Council; 10254; 1988/89 Curbs, Gutters & Sidewalks Program- CAYOF CARLSBAD - AGENU MTQ. 9/12/89 1988-89 CURBS, GUTTERS AND SIDEWALKS REPLACEMENT PROGRAM RECOMMENDED ACTION: Adopt Resolution No. 87- 398 approving contract documents, special provisions and specifications, and authorizing the City Clerk to advertise for bids for the 1988-89 Curbs, Gutters and Sidewalks Replacement Program. ITEM EXPLANATION: The City is in its fifth year of concentrated work of replacing failed or failing curbs, gutters, sidewalks and driveway approaches. The program specifies 14,564 square feel of sidewalk, 236 lineal feet of curb and gutter, and 1,227 square feet of driveway approaches to be replaced in various parts of the City. An added feature this year will be the root pruning and installation of 215 lineal feet of root barriers to extend the life of the concrete work. 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 December, 1989 and January, 1990, and will take about twenty (20) work days to complete. FISCAL IMPACT: Project costs are estimated to b8- $84,635. Funds are available in Account No. 001-820-5110-2411. EXHIBITS : 1. Resolution No. 89- 328 2. Location Listing 3. Location Maps c I 1 2 3 4 5 6 7 E S 1c 11 12 1: 14 If IC 1: 1( I! 2( 21 2; 2: 21 2! 2t 2' 2t RESOLUTION NO. 89-328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONTRACT DOCUMENTS, SPECIAL PROVISIONSAND SPECIFICATIONS, AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE 1988-89 CURBS, GUTTERS AND SIDEWALK REPLACEMENT 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 Curbs, Gutters and Sidewalks Replacement Program, Contract No. U/M-28, 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 contract in accordance with said contract documents, special provisions and specifications. h i I c c 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 12th day of Sep-er , 1989 by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Larson, Mamaux & Pettine NOES : None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Cjerk J&L d4. R& .... rn c a H .... I 0 s n 4 .... I- z U 5 SI 22 !?% wc a W e. 55 .... mw an 5!t 3* z3 2 I 3 .... S w. Eo .. f ...... ...... .............. I .. .. . r 0 . In .. .. h I I I I I I I ...... 1 I I I I I I I I .... I 8 I- I- @In .... I. :. ?! .... .... 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I I I I I ......................................... 6 .: :m:*: I I I I ernBrn8 1-1-1 :% ............... i...:. I...:...:...:. e NO SCALE -- I- Z W z W I t- z w 2 W 0 4 J 0. w LL 0 4 LJJ U 6 I I I I 1 3 I- Z W r w 0 ,I W U a n LL 0 4 W a a I i I I I NO SCALE -====.AREA OF REPLACEMENT I- z w r W 0 J e W cf a LL 0 Q: W a a I I I I m I -.AREA CITY OF CARLSBAD San Diego County Cal i forni a CONTRACT DOCUMENTS AND SPECIAL PROVISIONS for 1988-89 CURBS, GUTTERS AND SIDEWALKS REPLACEMENT PROGRAM CONTRACT NO. U/M - 28 8/89 c1 .. # TABLE OF CONTENTS I- L . ITEM . 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 ............................... 32 LOCATION LISTING AND SPECIFICATIONS ..................... 39 LOCATION MAPS ............................... 57 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 16th day of October, 1989, at which time they will be opened and read for performing the work for the 1988-89 Curbs, Gutters and Sidewalks Replacement Program, CONTRACT NO. U/M - 28. 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 Carl sbad 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 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 $84,635. The work is anticipated to take place during November and December, 1989, and take approximately 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: B, C-8. c- 2 If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. 4 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 $10.00 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 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 October 10, 1989 at 3: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 price. Approved by the City Council of the City of Carlsbad, California by Resolution No. , adopted on the day of , 19-: Date ALETHA L. RAUTENKRANZ, City Clerk 3 CITY OF CARLSBAD CONTRACT NO. U/M - 28 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/slle has carefully examined the location o the wor.:, 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, SDecifications, and Special Provisions and that he/she will take in full payment I tern No. 1 2 3 4 5 therefor the following unit prices for each -. Item Description with Prices or LumD Sum Price Written in Words Curb and gutter removal and disposal at Dol 1 ars and Cents per lineal foot. Sidewal k removal and disposal at Dollars and Cents per square foot. Driveway approach removal and disposal at Dol 1 ars and Cents per square foot. Root barrier instal 1 ation, complete in place at Dollars and Cents per lineal foot. i tem iomplete, to wit: Approximate Unit Quantity Price TOTAL & Unit ( f i qures) 1 f iqures 1 236 LF 14,564 SF 1227 SF 215 LF Type "G" PCC curbs and gutters installed including fine grade complete in place at Dollars and Cents per lineal foot. 236 LF I 4 Approximate Unit Item Item Description with Prices or Quantity Price TOTAL No. LumD Sum Price Written in Words & Unit J f iqures) 1 f i qures 1 6 4” PPC sidewalks installed including fine grade complete in place at Cents per square foot. Dollars and 14,564 SF 7 5-1/2“ PPC driveway approaches installed including fine grade complete in place at per square foot. 1227 SF Dollars and Cents Total amount of bid in words: Total amount of bid in numbers: f Addendum( a) No( s) . included in this proposal. has/have been received and is/are .I 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 fication( 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 (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the 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) *+ 7 BIDDER’S BOND TO ACCOMPANY PROPOSAL, KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal , and , 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 Curbs, Gutters and Sidewalks Rep1 acement Program, Contract No. U/M - 28, 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 Title (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS AND SURETY MUST BE ATTACHED. ) (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) (CORPORATE SEAL) 4. 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 Phone' No. with ZiD Code w/Area Code 9 DESIGNATION OF SUB-CONTRACTORS (continued) The bidder is to provide the following information on the sub-bids of a listed sub-contractors as Dart of the sealed bid submission. Additional can be attached, if required. Full ComDanv Name Type of State Contracting License & No. Carl sbad Business License No.* Amoun 1 the pages 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 (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) Bidder's Complete Address (CORPORATE SEAL) Authorized Signature 10 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility or financial statement. Si gnat ure (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED. ) (CORPORATE SEAL) .. 11 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 referertces, 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. ) 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 forni a 1 ) ss. County of 1 , being first duly sworn, deposes (Name) and says that he or she is of the party making the _(Title) /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 CONTRACT - PUBLIC WORKS, $50.000 OR MORE This Contract is made this day of , 19-, by and between the City of Carlsba-rnia, a municipal corporation, (hereafter called 'Ti ty") , and , whose principal place of business is (hereinafter call ed "Contractor"). City and Contractor agree as follows: 1. DescriDtion of Work. Contractor shall perform all work specified in the Contract documents for the 1988-89 Curbs, Gutters and Sidewalks Replacement Program, Contract U/M - 28 (hereinafter called "project1'). 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 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 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/hi s subcontractors wi 11 not re1 i eve 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. 14 5. 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 i nformat i on 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 a1 1 job condi ti ons , i ncl udi ng underground condi ti ons and has not re1 i ed 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. Prevailincr Waae. Pursuant to the California Labor Code, the Director of the Department of Industrial Re1 at ions 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. Indemnitv. 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 limit 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 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 pol icy. I' 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, against the City or any of its officers or employees." Certificates of insurance evidencing the coverages required by the cl auses 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. 16 13. Proof of Insurance. Contractor shall submit to the Uti 1 i ti es and Maintenance Director certification of the pol icies 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 Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 17 19. Additional Provisions. Any additional provisions of this Contract are set forth in the "Special Provisions" and "Specifications" attached hereto and made a part hereof. Con tractor (NOTARIAL ACKNOWLEDGEMENT OF BY EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.) Title Bv (CORPORATE SEAL) -.I Title APPROVED AS TO FORM: CITY OF CARLSBAD, CALIFORNIA City Attorney Mayor ATTEST : City Clerk 18 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY "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. 'I Contractor CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 "I am aware of the requirements of the "Immigration Reform and Control Act of 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 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, incl uding a1 1 current amendments. (Legal Name of Contractor) Date Signature Title (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED. ) (CORPORATE SEAL) LABOR AND MATERIALS BOND 19 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 Curbs, Gutters & Sidewalks Replacement Program, Contract No. U/M - 28, 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 Dollars ($ 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. in the sum Of > 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). I- 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 9 19 . day of (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) Contractor (CORPORATE SEAL) Surety _- - 21 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resol uti on NO. , adopted , has awarded to , (hereinafter designated as the "Principal"), a Contract for the 1988-89 Curbs, Gutters and Sidewalks Replacement Program, Contract No. U/M - 28, 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 (S ), 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 call ed "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. 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 Curbs, Gutters and Sidewal ks Rep1 acement Program, Contract No. U/M - 28, in the amount of S dated 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. (hereinafter referred to as the "Contract". 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. 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 i s terminated. 4. 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. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. t e- -_ 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: For Contractor: Title Name Signature Address Title Name Signature . .. Address 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. - I -- I. 25 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name Signature For Contractor: Title Name Signature -- SPECIAL PROVISIONS 26 1. PLANS AND SPECIFICATIONS A. The specifications for the work shall consist of the latest edition of the Standard Soecifications 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. The standard drawings utilized for this project are the San Dieso Area Reaional Standard Drawincis, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carl sbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. B. 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. Reference to Drawings: Where the words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where the words "directed" , "designated", "sel ectedll or words of similar import are used, it shall be understood that the direction, designation or selection of the Uti1 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. 0. Equals and Approvals: Where the words "equal 'I, "approved equal It, "equivalent" and such words of similar import are used, it shall be understood such words are -- I- 27 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. E. 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 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 materi a1 s so requi red either have such speci f i cations available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. A. B. C. D. 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. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages. Coordination with the respective uti1 ity company for removal or relocation of conflicting utilities shall be requirements prior to comnencement of work by the Contractor. 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. " 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 -- -_ 28 Director. borne by the Contractor. Any cost caused by reason of this nonconforming work shall be 7. GUARANTE 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 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. 11. 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. 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 29 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 responsibility of compliance. 13. SUBSTITUTION OF MATERIALS 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. 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 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 Plans 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 Controls 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. -- 16. 17. 18. 19. 30 OUANTITIES I N THE SCHEDULC A. B. by the The quantities given in the proposa ity for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a 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 L IT1 €5 A. Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) or 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 -.- 31 be shown on the Plans. It shall be the res.ponsibility 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 uti1 ities 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. 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 SPEC IF ICATIONS FOR 1988-89 CURBS. GUTTERS AND SIDEWALKS REPLACEMENT PROGRAM 1. The work to be done consists of furnishing all labor, equipment and materials and performing all operations necessary to complete the work as specified herein. 2. Traffic control measures including street 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. 3. The Contractor shall cooperate with local authorities relative to handling 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 Police Department shall be notified 72 hours prior to the posting of the signs by the Contractor. 4. Full compensation for furnishing, placing, maintaining, and removing signs and temporary supports or barricades shall be considered as included in the contract prices paid for the work and no separate payment will be made therefor. 5. All work shall be done in accordance with the Contract documents, Special Provisions and these specifications. 6. The Contractor and a1 1 subcontractors, suppl iers, 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 materi a1 s, equipment, or workmanshi p 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. 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. 7. 8. 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 quantities 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. 33 9. 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. B. 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. C. Temporary signing shall be removed as soon as the work areas are complete and are accepted by the Utilities and Maintenance Director. 10. A. Notwithstanding any other or concurrent notification by the City of the work operations, the Contractor will notify residences and businesses of work utilizing 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 work areas. 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 work. If the work is delayed or rescheduled for any reason after placement of "No Parking" signs or distribution of notification letters, the Contractor shall re-date the signs affected and redistribute notification 1 etters. 11. Payment for the placement of the "NO Parking" signs and notices shall be considered included in the bid price paid for the work and no additional payment will be made therefor. 12. A. Pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. B. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. The extent of the pavement removals will be marked in the field by the Utilities and Maintenance Inspector. C. All removals shall become the responsibil ity of the Contractor and shall be disposed of at a legal dump site. D. Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the Contractor. E. Payment for the concrete removals including asphalt removals necessary to form new gutters and all materials disposal shall be considered included in the unit price bid for this item and no additional compensation will be made therefore. F. The basis for measurement shall be made on the horizontal sidewalk, curb and gutter areas. The removal of asphalt concrete in the roadway necessary to form gutters will not be considered in the payment of the pavement removal item. - 34 13. A. A construction of concrete sidewalk and curb and gutter shall conform to the requirements of Section 303-5 and 201-1 of the SSPWC and these speci a1 provi sions. B. The repair of the driveway aprons shall be included under the driveway i tern. C. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind with the existing surrounding improvements and according to the San Diego Regional Standards Number 6-2, 6-7-1 and 6-14-1. D. Payment for the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items and no additional compensation will be made therefore. 14. The Contractor shall be responsible for the installation of root barriers provided by the City at specified locations. Installation will be in accordance with the manufacturer's specification, provided by the City, and the Utilities and Maintenance Director. 15. Base material under sidewalks, curbs, gutters and driveway approaches shall be compacted prior to the new installation. 16. A. Asphalt concrete shall conform to the requirements of Section 203 and 302 of the SSPWC and to these Special Provisions. B. Asphalt concrete shall be Type 1-B-AR-4000. C. A tack coat shall be applied to all abutting concrete surfaces at the rate of 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emu1 si on. D. Asphalt concrete in roadway sections shall be removed by saw cut six inches (6") from gutter lip and parallel to portion being removed with a two inch (2") overlap at both ends. E. Asphalt concrete roadway sections shall be replaced with a minimum thickness of three inches (3") after compaction of base material. F. Compensation for the asphalt concrete complete and in place shall be considered included in the unit price bid for the curb and gutter and no additional compensation will be made therefore. 17. A. Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPWC and to the Special Provisions/Specifications. B. Compensation for site clean-up and dust control shall be considered included in the unit prices bid for the various items of work and no additional payment will be made therefore. - _- 35 18. 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