HomeMy WebLinkAbout1990-08-21; City Council; 10771; Authorization to Advertise for Bids 1990-91 Streets Chip Seal Program-1 CIWF CARLSBAD - AGENDWILL L, , * e'
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CITY I DEPT. "IM
CITY 1 BIDS FOR THE 1990-91 STREETS CHIP MTG. 8-21-90
DEPT. TITLE: AUTHORIZATION TO ADVERTISE FOR
SEAL PROGRAM
I I I 1 RECOMMENDED ACTION:
Adopt Resolution No. 93 @ 2'i 7 approving contract documents special provisions, and specifications; and authorizir
the City Clerk to advertise for bids for the 1990-91 !%x$
Chip Seal Program. I ITEM EXPLANATION:
D UJ P 0 06: a. a 4
This proposed contract work is part of the ongoing stree maintenance program. The entire program consists of overlaq slurry seal and chip seal applications. The over12 application is used when the condition of the existing roadwz has deteriorated and the application of a new surface is required. The slurry seal application is used to protect tk road surface before signs of wear appear. The chip seal application is used to improve traction and extend the life c new road surfaces and road surfaces that have been overlayec
Based on surveys and observations in accordance with the
City's Pavement Management Program, the Streets Division hz
established a recommended schedule for ongoing maintenance which includes a list of locations that require overlay, slurry seal and chip seal applications. Separate overlay a1 slurry seal contracts are being prepared for the City
Council's consideration.
The Streets Division recommends that 59 lane miles of roadw<
be scheduled for chip seal in the 1990-91 program. The lit
of locations and a work schedule are attached.
It should be noted that chip seal projects may result :
increased claims for windshield and paint damage. TI contractor is responsible for the administration of a: contract related claims.
Plans and specifications for the Streets Chip Seal Program a:
on file with the Purchasing Department and the Utilities &
Maintenance Department. 1 FISCAL IMPACT:
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The City Council approved funds in the amount of $800,000 fj the entire 1990-91 Asphalt Repair and Maintenance progra: Project costs for the chip seal program are estimated to :
$495,000. Funds are available in account number 001-820-511
2412.
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EXHIBITS:
1. Resolution No. (?o -2q %I
2. Location Maps
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RESOLUTION NO. 90-299 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARL8BAD8 CALIFORNIA, APPROVING
CONTRACT D0cmms8 SPECIAL PROVISIONS AND SPECIFICATIONS8 AND AUTHORIZING THE
CITY CLERK TO ADVERTISE FOR BIDS FOR THE
1990-91 STREETS CHIP SEAL PROGRAM
3 WHEREAS, the contract documents, special provisions ar
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tools, equipment, transportation and other expenses necessax 5
specifications for the furnishings of all labor, material
the City of Carlsbad and are incorporated by reference hereir 8
been prepared and are on file in the City Clerk's Office c 7
and incidental for the 1990-91 Streets Chip Seal Program, ha\ 6
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of tl
10 City of Carlsbad as follows:
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1. The above recitations are true and correct.
2. The contract documents, special provisions a]
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special provisions and specifications. 18
said contract in accordance with said contract document, 17
accordance with law, Notice Inviting Bids for the work l 16
authorized and directed to proceed to publish, 15
3. The City Clerk of the City of Carlsbad is here1 14
specifications as presented are hereby approved.
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2 City Council held on the 21st day of
PASSED, APPROVED AND ADOPTED at a regular meeting of th
August , 199
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by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettil
5 NOES : None
6 ABSENT : None
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CLAUDE A. LEWIS , Mayc 9
10 ATTEST: - 4. l1 ALETHA L. mUT!N-blerk
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CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
DOCUMENTS AND SPECIAL PROVISIONS
for
1990-91 SIRE%TS CHIP SEAL PROGRAM
CONTRACT NO.
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NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Eln
Avenue, Carlsbad, California, until on the day of , 1990, at which timt
they will be opened and read for performing the work as follows:
CONTRACT NO.
The work shall be performed in strict conformity with the specifications therefore a:
approved by the City Council of the City of Carlsbad on file with the Utilities 1
Maintenance Department. The specifications for the work shall consist of the latest editio:
of the Standard Specifications of Public Works Construction, hereinafter designated a
SSPWC, as issued by the Southern Chapters of the American Public Works Associatior
Reference is hereby made to the specifications for full particulars and description of th
work.
The City of Carlsbad encourages the participation of minority and women-owne
businesses.
No bid will be received unless it is made on a proposal form furnished by the Purchasin
Department. Each bid must be accompanied by security in a form and amount require
by law. The bidder's security of the second and third next lowest responsive bidders ma
be withheld until the Contract has been fully executed. The security submitted by all otht
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aft
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectic
22300), appropriate securities may be substituted for any obligation required by this notit
or for any monies withheld by the City to ensure performance under this Contract.
Contractor elects to use an escrow agent, Section 10263 of the Public Contract Coc
requires monies or securities be deposited with State Treasurer or a state or federal 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
6. Non-Collusion Affidavit
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All bids will be compared on the basis of the estimate. The estimated quantities arc
approximate and serve solely as a basis for the comparison of bids. The estimate is
$498,536.40. The work is anticipated to take place during the months of September an(
October, 1990. It is estimated to take twenty (20) workdays to fully complete all aspect
of the project including sweeping.
No bid shall be accepted fiom a contractor who is not licensed in accordance with th
provisions of California state law. The contractor shall state their license numbel
expiration date and classification in the proposal and also attach a notarized statemen
classification pursuant to Business and Professions Code Section 7028.15. The followin
classifications are acceptable for this contract: A,C-12 or C-32 in accordance with th
provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contra1
documents in lieu of the usual 10% retention fiom each payment, these documents mu
be completed and submitted with the signed contract. The escrow agreement may not 1:
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at tl
Purchasing Department, City Hall, 1200 Elm Avenue Carlsbad, California, for a no]
refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minc
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute tl
Contract shall be those as determined by the Director of Industrial Relations pursuant
the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Sectic
1773.2 of the California Labor Code, a current copy of applicable wage rates is on file
the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awardc
shall not pay less than the said specified prevailing rates of wages to all workers employ
by him or her in the execution of the Contract.
The Prime Contractor shall be responsible to insure compliance with provisions of Secti
1777.5 of the California Labor Code and Section 4100 et seq. of the Public Contracts Coc
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Secti
1720 shall apply to the Contract for work.
made under penalty of perjury which lists their license number, expiration date ant
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A prebid meeting will be held on , , 1990 at - at the U/M Administratior
Conference Room, 2075 Las Palmas Drive, Carlsbad, California. A tour of the project site:
should be made prior to the prebid meeting.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day priol
to bidding. Submission of bids &&out acknowledgment of addenda may be cause 0:
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and material
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. An
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 , 1990.
Date Aletha L. hutenkranz, City Clerk
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CITY OF -BAD
CONTRACT NO.
PROPOSAL
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read th
Notice Inviting Bids, examined the Contract documents, Plans and Specifications, an
hereby proposes to furnish all labor, materials, equipment, transportation, and service
required to do all the work to complete Contract No. - in accordance with the Plans an
Specifications of the City of Carlsbad, and the Special Provisions and that he/she will tal
in full payment therefor the following unit prices for each item complete, to wit:
Item Description with Approximate
Item Unit Price or Lump Sum Quantity unit No. Price Written in Words and Unit Price Total
1. Chip Seal complete in 496,896 sq.yds.
place at
dollars and - cents
per square yard.
2. Layout and replace traffic Lump sum
stripes and pavement mark-
ings, complete in
cents. at - dollars and -
3. Layout for striping revisions. Lump sum
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Item Description with Approximate
Item Unit Price or Lump Sum Quantity Unit - No. Price Written in Words and Unit Price Total
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Total amount of bid in words:
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s) . has/have been received and is/are included in th
proposal.
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All bids are to be computed on the basis of the given estimated quantities of work, a:
indicated in this proposal, times the unit price as submitted by the bidder. In case of 2
discrepancy between words and figures, the words shall prevail. In case of an error in the
extension of a unit price, the corrected extension shall be calculated and the bids will bc
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out anc
typed or written in with ink and must be initialed in ink by a person authorized to sign fo
the Contractor.
The Undersigned has checked carefully all of the above figures and understands that th
City will not be responsible for any error or omissions of the part of the Undersigned i
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract wit
necessary bonds and insurance policies within twenty (20) days from the date of Awa
of Contract by City Council of the City of Carlsbad, the proceeds of check or bon
accompanying this bids shall become the property of the City of Carlsbad.
The undersigned bidder represents that they are licensed to do business or act in tl
capacity of a contractor within the State of California and that they are validly license
under license number , classification which expirt
on . The undersigned also represents that they have made
statement of these representations of licensure under penalty of perjury and attached
notarized copy to this proposal.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad
personally interested, directly or indirectly, in this Contract, or the compensation
be paid hereunder; that no representation, oral or in writing, of the City Counc
its officers, agents, or employees has inducted him/her to enter into this Contra
excepting only those contained in this form of Contract and the papers made a pi
hereof by its terms; and
2. That this bid is made without connection with any person, firm,
corporation making a bid for the same work, and is in all respects fair a
without collusion or fraud.
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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 tht
California Labor Code which requires every employer to be insure(
against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, an(
agrees to comply with such provisions before commencing thc
performance of the work of this Contract.
The Undersigned is aware of the provisions of the State 0' California Labor Code, Part 7, Chapter 1, Article 2, relative tr the general prevailing rate of wages for each craft or type o worker needed to execute the Contract and agrees to comply with it, provisions.
Phone Number Bidder's Name
Date Authorized Signature
Date Authorized Signature
Bidder's Address Type of Organization
(Individual, Corporation, or Partnership)
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST E
ATTACIXED)
(CORPORATE SEAL)
List below names of President, Secretary, Treasurer, and Manager
if a corporation; and names of all partners, if a partnership:
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
s
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , a5 Principal, and , as Surety arc held and firmly bound unto the City of Carlsbad, California, in a] amount as follows: (must be at least ten percent (10%) of the bic amount)
for which payment will and truly made, we bind ourselves, ou heirs, executors and administrators, successors or assigns, joint1 and severally, firmly by these payments.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if th
proposal of the above-bounden principal for the 1990-91 Street Chip Seal Program, Contract No. U/M- , in the City o Carlsbad, is accepted by the City Council of said City, and if th
above bounden Principal shall duly enter into and execute Contract including required bonds and insurance policies withinte
(10) days from the date of Award of Contract by the City Council o the City of Carlsbad, being duly notified of said award, then thi obligation shall become null and void; otherwise, it shall be an remain in full force and effect, and the amount specified herei shall be forfeited to the said City.
In the event any Principal above named executed this bond as a
individual, it is agreed that the death of any such Principal shal
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 1990. -
Corporate Seal (if Corporation)
Principal
Surety
BY
Title
(NOTARIAL ACKNOWLEDGEMENT OF (ATTACH ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES
ATTORNEY IN FACT) AND SURETY MUST BE ATTACHED.
(CORPORATE SEAL)
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DESIGNATION OF SUBCONTRACTORS
The Undersigned certifies he/she has used the sub-bids of thc following listed Contractors in making up his/her bid and that thc sub-contractors listed will be used for the work for which the1
bid, subject to the approval of the City Engineer, and ir
accordance with applicable provisions of the specifications anc
Section 4140 et seq. of the Public Contracts Code - "Subletting anc
Subcontracting Fair Practices Act. II No changes may be made ir
these subcontractors except upon the prior approval of the Cit:
Engineer of the City of Carlsbad. The following information i! required for each sub-contractor. Additional pages can be attachef if required:
Items of Full Company Complete Address Phone No. Work Name with Zip Code with Area Cod
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DESIGNATION OF SUBCONTRACTORS (continued)
The. bidder is to provide the fallowing information on the subbids
of all the listed subcontractors as part of the sealed bic submission. Additional pages can be attached, if required.
Type of State Carlsbad Amount
Contracting Business of
Full Company Name License & No. License No.* Bid ($ or %)
* Licenses are renewable annually. If no valid license
indicate ''NONE. I* Valid license must be obtained prior t
submission of signed Contracts.
Bidder's Company Name
(NOTARIAL ACKNOWLEDGEMENT
OF EXCEPTION MUST BE ATTACHED.)
(CORPORATE SEAL)
Bidder's Complete Address
Authorized Signature
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility.
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Signature
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED)
(CORPORATE SEAL)
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character tc
performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used, if notarized or sealed.
that included in the proposed Contract he/she has successfully
' Date 1 [Name and Phone1 I I I Contract 'Name and Address No. of Person Type of 'Amount of I
I Completed I I of the Employer I to Contact ! Work ! Contract I I I
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s i9nature
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.)
(CORPORATE SEAL)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
County of 1 ) ss.
, being first duly sworn
(Name of Bidder)
deposes and says that he or she is (Title)
of
the party making the foregoing bid that the bid is not made in th
interest of, or an behalf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid i genuine and not collusive or sham; that the bidder has not direct1 or indirectly induced or solicited any other bidder to put on
false or sham bid, and has not directly or indirectly colluded
conspired, connived, or agreed with any bidder or anyone else t
put in a sham, bid, or that anyone shall refrain from bidding tha
the bidder has not in any manner, directly or indirectly, sought b
agreement communication, or conference with anyone to fix the bi
price, or of that of any other bidder, or to fix any overhead profit, or cost element of advantage against the public bod awarding the contract of anyone interested in the propose contract; that all statements contained in the bid are true; an further, that the bidder has not, directly or indirectly, submittf his or her bid price or any breakdown thereof, or the content thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, compar
association, organization, bid depository, or to any member c
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true ar
correct and that this affidavit was executed on the day of
(Name of Firm)
, 1990.
Signature of Bidder
Subscribed and sworn before me on this day of - , 1990.
(NOTARY SEAL)
Signature of Notary
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CONTRACT = PUBLIC WORKS
This agreement is made this day of , 1990, by an(
between the City of Carlsbad, California, a municipal corporation (hereinafter called ''Cityt'), and
whose principal place of busines: is
(hereinafter called 'IContractor" .
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all wor'
specified in the Contract documents for:
(hereinafter called llpro j ect" )
2. Provisions of Labor and Materials. Contractor shall provid
all labor, materials, tools, equipment, and personnel t perform the work specified by the Contract documents.
3. Contract Documents. The Contract documents consist of thi Contract; the bid documents, including the Notice t Bidders, Instructions to Bidders' and Contractors Proposals: the Plans and Specifications, the Specia Provisions, and all proper amendments and changes mad thereto in accordance with this Contract or the Plans an Specifications, and the bonds for the project: all of whic are incorporated herein by this reference.
The Contractor, her/his subcontractors, and material
suppliers shall provide and install the work as indicated
specified, and implied by the Contract documents. Any iten
of work not indicated or specified, but which are essentie to the completion of the work, shall be provided at tk Contractor's expense to fulfill the intent of saj documents. In all instances through the life of tk Contract, the City will be the interpreter of the intent c the Contract documents, and the City's decision relative t said intent will be final and binding. Failure of tk Contractor to apprise her/his subcontractors and material suppliers of this condition of the Contract will not relie\ her/him of the responsibility of compliance.
4. Payment. All full compensation for Contractor's performanc
of work under this Contract, City shall make payment to tl Contractor per Section 9-3 of the Standard S~ecificatio~ for Public Works Construction. The closure date for ea( monthly invoice will be the 30th of each month.
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Invoices from the Contractor shall be submitted according tc
the required City format to the City's assigned projec manager no later than the 5th day of each month. Payment; will be delayed if invoices are received after the 5th o each month. The final retention amount shall not bl
released until the expiration of thirty-five (35) day following the recording of the Notice of Completion pursuan to California Civil Code Section 3184.
5. IndeDendent Investiqation. Contractor has made a
Independent Investigation of the job site, the soi
conditions at the job site, and all other conditions tha might affect the progress of the work, and is aware of thos conditions. The Contract price includes payment for a1 work that may be done by Contractor, whether anticipated o not, in order to overcome underground conditions. An
information that may have been furnished to Contractor b City about underground conditions or other job conditions i
for Contractor's convenience only, and City does not warran that the conditions are as thus indicated. Contractor i
satisfied with all job conditions, including undergroun conditions and has not relied on information furnished h City.
6. Contractor ResDonsible for Unforeseen Conditions
Contractor shall be responsible for all loss or damag
the elements or from any unforeseen difficulties which ma arise or be encountered in the prosecution of the work unti its acceptance by the City. Contractor shall also 1: responsible for expenses incurred in the suspension c discontinuance of the work. However, Contractor shall nc be responsible for reasonable delays in the completion c the work caused by acts of God, stormy weather, extra worl or matters which the specifications expressly stipulate wil be borne by City.
arising out of the nature of the work or from the action c
7. Hazardous waste or other unusual conditions. If tl: contract involves digging trenches or other excavations thz
extend deeper than four feet below the surface Contractc
shall promptly, and before the following conditions ai disturbed, notify City, in writing, of any:
(a) Material that Contractor believes may be material th:
Health and Safety Code, that is required to be removc to a Class I, Class 11, or Class I11 disposal site : accordance with provisions of existing law.
is hazardous waste, as defined in Section 25117 of tl
(b) Subsurface or latent physical conditions at the sii differing from those indicated.
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(c) Unknown physical conditions at the site of any unusua:
nature, different materially from those ordinaril:
encountered and generally recognized as inherent in wor: of the character provided for in the contract.
City shall promptly investigate the conditions, and if i. finds that the conditions do materially so differ, or dl involve hazardous waste, and cause a decrease or increase i: contractorls costs of, or the time required for, performanc of any part of the work shall issue a change order under th procedures described in this contract,
In the event that a dispute arises between City an
involve hazardous waste, or cause a decrease or increase i
the contractorls cost of, or time required for, performanc
of any part of the work, contractor shall not be excuse
from any scheduled completion date provided for by th
contract, but shall proceed with all work to be performe
rights provided either by contract or by law which pertai to the resolution of disputes and protests between th contracting parties.
Contractor whether the conditions materially differ, 0
under the contract. Contractor shall retain any and a1
8. Chanse Orders. City may, without affecting the validity o the Contract, order changes, modifications and extra work h issuance of written change orders. Contractor shall make n
change in the work without the issuance of a written chang
order, and Contractor shall not be entitled to compensatic
for any extra work performed unless the City has issued
written change order designating in advance the amount c
additional compensation to be paid for the work. If
change order deletes any work, the Contract price shall 1 reduced by a fair and reasonable amount. If the parties ar unable to agree on the amount of reduction, the work shal nevertheless proceed and the amount shall be determined L
litigation. The only person authorized to order changes c
extra work is the Project Manager. The written change ordc must be executed by the City Manager if it is for $15,000.C or less or approved by the City Council and executed by tk Mayor if the amount of the change order exceeds $15,000.0C
9. Immisration Reform and Control Act. Contractor shall compl
with the requirements of the I1Immigration Reform and Contrc
Act of 198611 (8 USC Section 1101-1525) .
10. Prevailins Waqe. Pursuant to the California Labor Code, tk director of the Department of Industrial Relations hr determined the general prevailing rate of per diem wages j accordance with California Labor Code, Section 1773 and copy of a schedule of said general prevailing wage rates : on file in the office of the Carlsbad City Clerk, and :
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incorporated by reference herein. Pursuant to Californi Labor Code, Section 1775, Contractor shall pay prevailin wagers. Contractor shall post copies of all applicabl prevailing wages on the job site.
11. Indemnity. Contractor shall assume the defense of, pay a1 expenses of defense, and indemnify and hold harmless th
damage, injury and liability of every kind, nature ar
description, directly or indirectly arising from or i
connection with the performance of the Contractor or worl or from any failure or alleged failure of Contractor t comply with any applicable law, rules or regulatior including those relating to safety and health; except fc
loss or damage which was caused solely by the actil negligence of the City: and from any and all claims, loss damages, injury and liability, howsoever the same may k caused, resulting directly or indirectly from the nature c
the work covered by the Contract, unless the loss or damac
was caused solely by the active negligence of the City. Tk expenses of defense include all costs and expenses includir attorneys fees for litigation, arbitration, or other disput resolution method.
City, and its officers and employees, from all claims, los~
12. Insurance. Without limiting Contractor's indemnificatior it is agreed that Contractor shall maintain in force at a1 times during the performance of this agreement a policy c policies of liability insurance at least $1,000,000.C combined single limit covering its operations, includir coverage for contractual liability and insurance coverir the liability set forth herein.
The policy or policies shall comply with the speck insurance instructions in the Supplementary Generz
Provisions and shall contain the following clauses:
A. "The City is added as an additional insured as respect
operations of the named insured performed under contrac
with the City."
B. "It is agreed that any insurance maintained by the Cit
shall apply in excess of and not contribute wit1 insurance provided by this policy.t1
All insurance policies required by this parayraph shal
contain the following clause:
A. "This insurance shall not be cancelled, limited or no1 renewed until after thirty (30) days written notice hi
been given to the City."
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13.
14.
15.
16.
17.
18.
1
B. "The insurer waives any rights of subrogation it has o
may have, against the City or any of its officers o
employees. It
Certificates of insurance evidencing the coverage require
by the clauses set forth above shall be filed with the Cit
prior to the effective date of this agreement.
Workers' Compensation. Contractor shall comply with th
requirements of Section 3700 of the California Labor Code
Contractor shall also assume the defense and indemnify ar
save harmless the City and its officers and employees frc
all claims, loss, damage, injury, and liability of ever kind, nature, and description brought by any person employe or used by Contractor to perform any work under thi Contract regardless of responsibility for negligence.
Proof of Insurance. Contractor shall submit to the Cit certification of the policies mentioned in Paragraphs 12 ar
13 or proof of worker's compensation self-insurance prior t the start of any work pursuant to this Contract.
Claims and Lawsuits. Contractor shall comply with tk Government Tort Claims Act (California Government Coc
Section 900 et seq.) prior to filing any lawsuit for breac
of this contract of any claim or cause of action for mom
or damages.
Maintenance of Records. Contractor shall maintain and ma%
available at no cost to the City, upon request, records j
accordance with Sections 1776 and 1812 of Part 7, Chapter 3 Article 2, of the California Labor Code. If the Contractc does not maintain the records at Contractor's principz place of business as specified above, Contractor shall E inform the City by certified letter accompanying the retu~
of this Contract. Contractor shall notify the City 1
certified mail of any change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 3 commencing with Section 1720 of the California Labor Coc are incorporated herein by reference.
Security. Securities in the form of cash, cashier's checl or certified check may be substituted for any monic withheld by the City to secure performance of this contrac
for any obligation established by this contract. Any othr
security that is mutually agreed to by the Contractor a1
the City may be substituted for monies withheld to ensu~ performance under this Contract.
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19. Provisions Required by Law Deemed Inserted. Each and ever
provision of law and clause required by law to be inserte in this Contract shall be deemed to be inserted herein an included herein, and if, through mistake or otherwise, an such provision is not inserted, or is not correct1
inserted, then upon application of either party, th Contract shall forthwith be physically amended to make SUC insertion or correction.
20. Additional Provisions. Any additional provisions of thi
agreement are set forth in the 'IGeneral Provisionst1 c
llSpecial ProvisionsIt attached hereto and made a part hereof
Contractor
(NOTARIAL ACKNOWLEDGEMENT OF By
EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED.) Title
(CORPORATE SEAL) BY
Title
APPROVED AS TO FORM: CITY OF CARLSBAD, CALIFORNIA
City Attorney Mayor
ATTEST:
City Clerk
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CONTRACTOR'S CERTIFICATION OF AWARENESS OF
WORKERS' COMPENSATION RESPONSIBILITY
!*I am aware of the provisions of Section 3700 of the Labor Cod which requires every employer to be insured against liability fo workers' compensation or to undertake self-insurance in accordanc
with the provisions of that code, and I will comply with SUC
provisions before commencing the performance of the work of thi Contract. It
Contractor
CONTRACTOR'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
"1 am aware of the requirements of the Immigration Reform ar Control Act of 1986 (8 USC Section 1101-1525) and have complic with these requirements, including, but not limited to, verifyir the eligibility for employment of all agents, employees subcontractors, and consultants that are included in thi Contract. I*
Contractor
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
OF AFFIRMATIVE ACTION PROGRAM
I hereby certify that
in preforming under the Purchase Order awarded by the City c Carlsbad, will comply with the County of San Diego Affirmatia Action Program adopted by the Board of Supervisors, including a1
current amendments.
(Legal Name of Contractor)
Date Signature
Title
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.)
(CORPORATE SEAL)
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2,
LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State o
California, by Resolution No. , adopted
designated as the *'Principal") , a Contract for the 1990-91 Street Chip Seal Program, Contract No. U/M- , in the City of Carlsbad in strict conformity with the drawings and specifications, an other Contract documents now on file in the Office of the Cit
Clerk of the City of Carlsbad and all of which are incorporate
herein by this reference.
WHEREAS, said Principal has executed or is about to execute sai
Contract and the terms thereof require the furnishing of a bon
with said Contract, providing that is said Principal or any o
his/her or its subcontractors shall fail to pay for any materials
provisions, provender or other supplies or teams used in, upon fo
or about the performance of the work agreed to be done, or for an
work or labor done thereon of any kind, the Surety on this bon
will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE,
I ha awarded to (hereinafte
I , as Principal, (hereinafter designated as th l1Contractort1) , and
as Surety, are held firmly bound unto the City o Carlsbad in the sum of
Dollars ($ ) , said sum bein fifty percent (50%) of the estimated amount payable by the City o Carlsbad under the terms of the Contract, for which payment we1 and truly to be made we bind ourselves, our heirs, executors an administrators, successors, or assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person o his/her subcontractors fail to pay for any materials, provisions provender or the supplies, or teams used in, upon, for, or abou
the performance of the work contracted to be done, or for any othe work or labor thereon of any kind, or for amounts due under th
Unemployment Insurance Code with respect to such work or labor
the sum specified in the bond, and, also, in case suit is brough upon the bond, a reasonable attorney's fee, to be fixed by th court, as required by the provisions of Section 3248 of th
California Civil Code.
that the Surety or Sureties will pay for the same, not to excee
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This bond shall insure to the benefit of any and all persons
companies and corporations entitled to file claims under Title l!
of Part 4 of Division 3 of the California Civil Code (commencinc with Section 3082).
In the event any Contractor above named executed this bond as a'
individual, it is agreed the death of any such Contractor shall no
exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by th
Contractor and Surety above named, on the - day of
1990.
~~
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER MUST BE ATTACHED. ) Contractor
(CORPORATE SEAL)
Surety
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State 03
California, by Resolution No. , adopted , has awardec
tlPrincipallt), a Contract for the 1990-91 Streets Chip Seal Program,
Contract No. U/M- , in the City of Carlsbad, in stricl conformity with the contract, the drawings and specifications, an( other Contract documents now on file in the Office of the Cit]
Clerk of the City of Carlsbad all of which are incorporated hereil
by this reference.
WHEREAS, said Principal has executed or is about to execute saic Contract and the terms thereof require the furnishing of a bond fol
the faithful performance of said Contract:
NOW, THEREFORE, WE, , as Principal
(hereinafter designated as the ttContractortt), and , as Surety, are held and firmly bounc
unto the City of Carlsbad, in the sum of Dollars ($ ) , said SUI
being equal to one hundred percent (100%) of the estimated amounl
of the Contract, to be paid to the said City or its certail
attorney, its successors and assigns: for which payment, well an(
truly to be made, we bind ourselves, our heirs, executors an(
administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above boundel
to , (hereinafter designated as tht
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, an( agreements in the said Contract and any alteration thereof made a: therein provided on his/her or their part, to be kept and performec at the time and in the manner therein specified, and in al: respects according to their true intent and meaning, and shal: indemnify and save harmless the City of Carlsbad, its officers an( agents, as therein stipulated, then this obligation shall becomc
null and void: otherwise it shall remain in full force and virtue
As a part of the obligation secured hereby and in addition to thc
face amount specified therefore, there shall be included costs an( reasonable expenses and fees, including reasonable attorneys fees incurred by the City in successfully enforcing such obligation, al:
to be taxed as costs and include in any judgement rendered.
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And said Surety, for value received. hereby stipulates and agree:
that no change, extension of time, alteration or addition to thc
terms of the Contract, or to the work to be performed thereunder 0: the specifications accompanying the same shall affect it: obligations on this bond, and it does hereby waive notice of an: change, extension of time, alterations or addition to the terms o the Contract, or to the work or to the specifications.
In the event that any Contractor above named executed this bond a;
an individual, it is agreed that the death of any such Contracto:
shall not exonerate the Surety from its obligations under thi; bond.
IN WITNESS WHEREOF, this instrument has been duly executed by thl Contractor and Surety above named on the day of
1990.
(NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION FOR EACH SIGNER Contractor
MUST BE ATTACHED.)
(CORPORATE SEAL)
~ ~~~
Surety
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OB RETENTION
This Escrow Agreement is made and entered into by and between thi City of Carlsbad whose address is 1200 Elm Avenue, Carlsbad California, 92008, hereinafter called IlCityIl and
whose address is
hereinafter callel
usContractorlf and WhOSm
address is
hereinafter called "Escrow Agent. II
For the consideration hereinafter set forth, the Owner, Contract0 and Escrow Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code th
State of California, Contractor has the option to deposi
earnings required to be withheld by City pursuant to th Construction Contract entered into between the City an Contractor for the 1990-91 Streets Chip Seal Program Contract No. U/M- , in the amount of date (hereinafter referred to as th "ContractIs). A copy of said contract is attached as Exhibi
substitute for Contract earnings, the Escrow Agent shal notify the City within ten (10) days of the deposit. Th
market value of the securities at the time of th
substitution shall be at least equal to the cash amount the
required to be withheld as retention under the terms of th
Contract between the City and Contractor. Securities shal be held in the name of
and shall designate the Contractor as th beneficial owner. Prior to any disbursements, Escrow Agen shall verify that the present cumulative market value of a1
securities substituted is at least equal to the cash amoun
of all cumulative retention under the terms of the Contract
securities with Escrow Agent as a substitute for retentio
IIAII . When Contractor deposits the securities as
2. The City shall make progress payments to the Contractor fo
such funds which otherwise would be withheld from progres
payments pursuant to the Contract provisions, provided tha
the Escrow Agent holds securities in the form and amoun
specified above.
3. Alternatively, the City may make payments directly to Escra
Agent in the amount of retention for the benefit of the Cit
until such time as the escrow created hereunder i
terminated.
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4.
5.
6.
7.
8.
9.
2'
Contractor shall be responsible for paying all fees for thc expenses incurred by Escrow Agent in administering thc escrow account. These expenses any payment terms shall bc determined by the Contractor and Escrow Ayent.
The interest earned on the securities or the money marke,
accounts held in escrow and all interest earned on tha,
interest shall be for the sole account of Contractor ani
shall be subject to withdrawal by Contractor at any time an1
from time to time without notice to the City.
Contractor shall have the right to withdraw all or any par
of the principal in the Escrow Account only by writte
notice to Escrow Agent accompanied by written authorizatio
from City to the Escrow Agent that City consents to th
withdrawal of the amount sought to be withdrawn b
Contractor.
The City shall have a right to draw upon the securities i the event of default by the Contractor. Upon seven (7) day written notice to the Escrow Agent from the City of th default of the Contractor, the Escrow Agent shal immediately convert the securities to cash and shal distribute the case as instructed by the City.
Upon receipt of written notification from the Cit certifying that the Contractor has complied with a1 requirements and procedures applicable to the Contract Escrow Agent shall release to Contractor all securities an interest on deposit less escrow fees and charges of th Escrow Account. The escrow shall be closed immediately up0
disbursement of all monies and securities on deposit an
payments of fees and charges.
Escrow Agent shall rely on the written notifications fro
the City and the Contractor pursuant to Sections 4 to 6
inclusive, of this agreement and the City and Contracto
shall hold Escrow Agent harmless from Escrow Agent's releas
and disbursement of the securities and interest as set fort
above.
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10. The names of the persons who are authorized to give writte notices or to receive written notice on behalf of the Cit and on behalf of Contractor in connection with th
foregoing, and exemplars of their respective signatures ar 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 an Contractor shall deliver to the Escrow Agent a full executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement b their proper officers on the date first set forth above.
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full fo
all compensation of whatever nature due the Contractor for a1
labor and materials furnished and for all work performed on th
above-referenced project for the period specified above with th
exception of contract retention amounts and disputed claim
specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and released any claim th Contractor may have, of whatever type or nature, for the perio specified which is not shown as a retention amount of a dispute
claim on this form. This release and waiver has been mad voluntarily by Contractor without any fraud, duress or undu
influence by any person or entity.
Contractor further certifies, warrants, and represents that a1 bills for labor, materials, and work due Subcontractors for th specified period have been paid in full and that the partie signing below on behalf of Contractor have expressed authority t
execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation, etc.)
BY
BY
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SPECIAL PROVISIONS
1. PLANS AND SPECIFICATIONS
A. The plans consist of location listing and map delineating the
areas which are further detailed herein.
B. The specifications for the work shall consist of the la
edition of the Standard Specifications for Public W Construction, hereinafter designated SSPWC, as issued by Southern Chapters of the American Public Works Association,
City of Carlsbad supplement to the SSPWC, the Contract docume the Special Provisions and the Specifications contained here
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor, equig
and materials and performing all operations necessary to completc
project work as shown on the project plans and as specified in specifications. Expeditious commencement and completion of work j
prime importance.
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance Director 01
approved representative.
B . Directions :
Where the words lldirectedll, lldesignatedll, lfselectedll or wori
direction, designation or selection of the Utilities Maintenance Director is intended unless stated otherwise. word "required#* and words of similar import shall be understoc mean "as required to properly complete the work as required a1 approved by the Utilities and Maintenance Director11 unless si
otherwise.
similar import are used, it shall be understood that
C. Equals and Approvals:
Where the words I*equalll, "approved equal", IlequivalentnN and
words of similar import are used, it shall be understood words are followed by the expression llin the opinion of Utilities and Maintenance Director11 unless otherwise Ski
Where the words 1gapproved*l , Ilapproval~~, nlacceptanceml , or worm
similar import are used, it shall be understood that the apprc
acceptance, or similar import of the Utilities and Mainte:
Director is intended.
a 0
D. Perform and Provide:
The word llperformll shall be understood to mean that
Contractor, at own expense, shall perform all operations, shall provide all labor, tools and equipment, and furt
including the furnishing and installing of materials that
indicated, specified, or required to mean that the Contract01
own expense, shall furnish and install the work, complete in 1
and ready to use, including furnishing of necessary li
materials, tools, equipment and transportation.
4. CODES IND SrIINDBRDS
Standard specifications incorporated in the requirements of specifications by reference shall be those of the latest edition ai time of receiving bids. It shall be understood that the manufact1
or producers of materials so required either have such specifical available for reference or are fully familiar with their requirem as pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A. A construction schedule is to be submitted by the Contract01
Section 6-1 of the SSPWC at the time of the preconstruc
conference. No changes shall be made to the construction scht
without the prior written approval of the Utilities
Maintenance Director.
B. Any progress payments made after the scheduled completion
shall not constitute a waiver of this paragraph or any damac
C. Coordination with the respective utility company for removi
relocation of conflicting utilities shall be requirements pril
commencement of work by the Contractor.
D. The Contractor shall begin work within 5 work days, UI
otherwise specified by the Utilities & Maintenance Director, i
being duly notified by an issuance of a WlNotice to Proceed'
shall diligently prosecute the work to completion within
number of consecutive calendar days, Workdays, weeks specific
the NlNotice to Proceed.11
6. NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming ti
plans ar specificatians upan written arder by the Utilities
Maintenance Director. Any cost caused by reason of this nonconfo:
work shall be borne by the Contractor.
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7. GUARANTEE
All work shall be guaranteed for one (1) year after the recordir:
a IINotice of Completion11 and any faulty work or materials discoT;
during the guarantee period shall be repaired or replaced by
Contractor.
8. M24NUFACTURERIS INSTRUCTIONS
Where installation of work is required in accordance with the prc
manufacturerls directions, the Contractor shall obtain and distri the necessary copies of such instruction, including two (2) copic
the Utilities and Maintenance Director upon completion of work prior to the filing of Notice of Completion,
9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shal
equipped with mufflers in good repair when in use on the project special attention to City Noise Control Ordinance No. 3109, Carl
Municipal Code, Chapter 8.48.
10 0 CITY INSPECTORS
All work shall be under the observation of the Inspector (s) desig~ by the Utilities and Maintenance Director. The Inspector(s) shall
free access to any or all parts of work at any time. The Contri
shall furnish the Inspector(s) with such information as ma’
necessary to keep the Inspector(s) fully informed regarding pro!
and manner of work and character of materials. Inspection of
shall not relieve the Contractor from any obligation to fulfill
Contract .
11. PROVISIONS REOUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law t
inserted in this Contract shall be deemed to be inserted herein an1
Contract shall be read and enforced as though it were included he1
and if, through mistake or otherwise, any such provision is inserted, or is not correctly inserted, then upon application of e:
party, this Contract shall forthwith be physically amendedto make
insertion or correction.
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, the Contractorls subcontractors andmaterials supp:
shall provide and install the work as indicated, specified and im]
by the Contract documents. Any items of work not indicate
specified, but which are essential to the completion of the work, ~
be provided at the Contractorls expense to fulfill the intent of
documents. In all instances throughout the life of this Contract
City will be the interpreter of the intent of the Contract docm
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and the City's decision relative to said intent will be final
binding. Failure of the Contractor to apprise Contract
subcontractors and materials suppliers of this condition of
contract will not relieve him/her of the responsibility of complia
13 SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with
drawings and specifications and based upon the items indicate
specified. The Contractor may offer a substitution for any matel
apparatus, equipment or process indicated or specified by pater:
proprietary names or by names of manufacturer which the Contrz
considers equal in every respect to those indicated or specified.
offer made in writing, shall include proof of the State Fire Mars1
approval (if required), all necessary information, specification:
data. If required, the Contractor, at the Contractor's own expc
shall have the proposed substitute, material, apparatus, equipme]
process tested as to its quality and strength, its physical, chem
by a testing laboratory as selected by the city. If the substj offered is not deemed to be equal to that so indicated or specii
then the Contractor shall furnish, erect, or install the matel
apparatus, equipment or process indicated or specified.
substitution of proposals shall be made prior to beginninc
construction, if possible, but in no case less than ten (10) days ]
to actual installation.
or other characteristics, and its durability, finish, or efficit
14. RECORDS
The Contractor shall keep a current record of the completed are:
include times, dates and other pertinent data, and submit t
assigned Inspector at the end of each work day or at the beginnil
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 Contri as soon as the Contractor is notified of selection as the Contri
for the project. Compensation for the permit shall be included w:
the contract costs and no additional compensation will be made.
applvins for the permit, - traffic control plans for the areas of
are remired, in addition to other requirements. Traffic control]
shall conform to the latest edition of the State of Califo: Department of Transportation Traffic Manual, Manual of Traffic Co: for Construction and Maintenance Work Zones. Submittal of tri
control plans to the Traffic Engineer a minimum of two (2) weeks ]
to the preconstruction meeting is necessary to allow proper timl review, corrections, resubmissions and final approval prior tc preconstruction meeting.
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16 . QUANTITIES IN THE SCHEDULE
A. The quantities given in the proposal by the City for unit E
items, are for comparing bids and may vary from the actual i
quantities. Some quantities may be increased and others ma
decreased or entirely eliminated. No claim shall be made agi
the City for damage occasioned thereby or for loss of anticil profits, the Contractor being entitled only to compensation
the actual work done at the unit prices bid.
B. The City reserves and shall have the right, when confronted
unpredicted conditions, unforeseen events, or emergencies increase or decrease the quantities of work to be performed I
a bid unit price item or to entirely omit the performance the1
and upon the decision of the City to do so, the Utilities
Maintenance Director will direct the Contractor to proceed
the said work as so modified. If an increase in the quanti1 work so ordered should result in a delay to the work, Contractor will be given an equivalent extension of time, Change Order must be issued prior to any change in wor accordance with the Contract,
item 7.
17 . SAFETY & PROTECTION OF WORKERS AND PUBLIC
A. The Contractor shall take all necessary precautions for the si
of employees on the work and shall comply with all applic
provisions of Federal, State and Municipal safety laws
building codes to prevent accidents or injury to persons on, i
or adjacent to the areas where the work is being performed.
B. The Contractor shall erect and properly maintain at all timer
required by the conditions and progress of the work, all nece:
safeguards for the protection of workers and public and shall
danger signs warning against hazards.
18. SURVEYING
The Contractor shall employ a licensed land surveyor or regisi
civil engineer to perform necessary surveying for this pro:
Requirements of the Contractor pertaining to this item ar6 forth in Section 2-9.5 of the SSPWC. Contractor shall inc
cost of surveying service within appropriate items of propc
No separate payment will be made.
19 . UTILITIES
A. Utilities for the purpose of these specifications shal
considered as including, but not limited to pipe lines, condr
transmission lines, and appurtenances of *IPublic Utilities'
defined in the Public Utilities Act of the State of Californi
individually solely for their own use or for the use of 1
0 0
tenants, and storm drains, sanitary sewers, and street light
The City of Carlsbad and affected utility companies have,
search of known records, endeavored to locate and indicate 01
Plans all utilities which exist within the limits of the m
However, the accuracy or completeness of the utilities indic
on the Plans is not guaranteed. Service connections to adja
property may or may not be shown on the Plans. It shall be
responsibility of the Contractor to determine the exact loci
and elevation of all utilities and their service connections.
Cantracker shall make awn investigatian as ta the lacatian, 4
kind of material, age and condition of existing utilities their appurtenances and service connections which may be affe
by this Contract work, and in addition the Contractor shall nc
the City as to any utility, appurtenances, and service connect
located which have been incorrectly shown on or omitted from Plans .
B. The Contractor shall notify the owners of all utilities at 1
48 hours in advance of excavating around any of the structl
At the completion of the Contract work, the Contractor shall I
all utilities and appurtenances in a condition satisfactory tc
owners and the City. In the event of damage to any utility,
Contractor shall notify the owners of the utility immediately
is the responsibility of the Contractor to compensate for uti damages .
C. The temporary or permanent relocation or alteration of utili1
including service connections, desired by the Contractor fol
convenience shall be the Contractorls own responsibility,
shall make all arrangements regarding such work at no cost tc
City. If delays occur due to utilities relocations which werl
shown on the Plans, it will be solely the City's option to el
the completion date.
D. In order to minimize delays to the Contractor caused by
failure of other parties to relocate utilities which inte~
with the construction, the Contractor, upon request to
Utilities and Maintenance Director, may be permitted
temporarily omit the portion of work affected by the utility.
portion thus omitted shall be constructed by the Contri
immediately following the relocation of the utility invc
unless otherwise directed by the Utilities and Maintel
Director.
E. All costs involved in locating, protecting and supporting 0:
utility lines shall be included in the price bid for various :
of work and no additional payment will be made.
F. The Contractor shall notify Underground Service Alert far e:
in advance of the work to allow marking of the utility loca.
at the various sites.
0
G, It shall be the responsibility of the Contractor to protect
existing utilities.
20. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized dt
the construction under this Contract. The Contractor shall contacl
appropriate water agency for requirements and shall include cos
water and meter rental within appropriate items of proposal.
separate payment will be made.
a e
SPECIFICATIONS FOR
1990-91 STREETS CHIP SEAL PROGRAM
1. The work to be done consists of furnishing all labor, equipment materials and performing all operations necessary to complete the seal work on the streets as specified herein.
2. Traffic control measures including street closures, detours
barricades will be as required in item 15 - Permits, of the Sps
Provisions and in accordance with the approved Traffic Control I
No street closures will be permitted without prior approval of
Traffic Engineer.
3. The contractor shall cooperate with local authorities relativ
handling traffic through the area and shall make his own arrangea relative to keeping the working area clear of parked vehicles. contractor shall provide the "No Parking - Tow Away Zone11 signs
Department shall be notified 72 hours prior to the posting of the I
by the Contractor.
are to be posted 48 hours in advance of work. The local PC
4. During construction and until the SS-1H seal coat is applied, vel
speed shall be posted at 25 M.P.H. by the Contractor using C17 si
5. Full compensation for all work involved in dust control, the tr?
control plan, the furnishing, installation and removal of tempc
barricades, construction signs, warning signs or any device for temporary control of traffic or safety of the workers, incll flaggers, shall be considered as included in the contract price fo: various bid items in the Bid Proposal and no additional allowance be made therefor.
6. Where screenings are being spread on a traffic lane, C6 "Loose Gri
and C17 "25 M.P.H.fI speed signs shall be placed adjacent to the oul
edge of the traveled way nearest to the lane being worked on bl Contractor. The first C6 sign shall be placed where the scree] begin with respect to the direction of travel on that lane. The :
shall be placed at maximum 3001 foot intervals on residential st1 and 500' on major streets along the edge of traveled way and a1 ramps and public roads or streets entering the chip seal are directed by the Utilities & Maintenance Director and is indicatf the approved Traffic Control Plan.
7. The C6 and C17 signs shall be maintained in a place at each loci until final sweeping or brooming of the seal coat surface at location is performed and traffic stripe is in place. The C6 an(
signs shall conform to the latest edition of the CalTrans Manu:
Traffic Controls. The signs may be set on temporary portable sup]
with the speed sign below the C6 or on barricades with the speed alternating the C6 sign.
8. Full compensation for furnishing, placing, maintaining, and rem(
C6 and speed signs and temporary supports or barricades for the 1 shall be considered as included in the contract prices paid fo~ chip seal and no separate payment will be made therefor.
a I)
9. Before spreading any binder that would obliterate existing
delineation, the Contractor shall place temporary plastic reflec markers on the existing delineation. The markers shall be placed more than 48 feet apart on tangents and not more than 24 feet apal
curves. Temporary delineation shall be placed only so far in adv
of seal coat operations as may be required for each day's work.
10 . Temporary plastic reflective markers shall be Davidson Proc
Co. , "Temporary Lane Line Markers!,, or an approved equal . Mal
shall be yellow or white as directed by the Traffic Engineer
11. Installation shall be accomplished by removing the cover from
adhesive, placing the marker on the existing lane lines,
applying foot pressure to the marker to ensure complete COT between the adhesive and existing surfacing.
12 . When traffic lanes on both sides of the marker have been sealc
at the end of the day's work, the covering of the reflector z
be completely removed and disposed of. The temporary marker z
be maintained in place and clearly visible from both directioi
traffic until permanent lane delineation is placed.
13 The contract lump sum price paid for temporary markers s
include full compensation for furnishing all labor, mater;
tools, equipment, and incidentals, and for doing all the
involved in placing temporary plastic reflective markers, comr
in place, and no additional compensation will be allowed thert
14 . The Contractor will be required to supply the following mate]
and services as part of this project:
A. Provide the materials, labor, and equipment necessars
accomplish the application and rolling of the chip seal coi specified.
B. Provide labor and equipment necessary to accomplish total swec
of loose chips from the project streets. The following swec schedule shall be carried out by the Contractor.
" The 1st sweeping shall commence the day of the applicatic
oil .
" The 2nd sweeping shall commence twenty-four (24) 1
" The 3rd sweeping shall commence one (1) week aftel
" The 4th and last sweeping shall commence fourteen
after the first sweeping.
second sweeping.
calendar days after the application of oil, at that
the SS1-H seal coat shall be applied. This will re( re-posting all the chip seal streets with temporaq
" Care shall be taken to maintain a surface free of :
screening, yet sweeping shall not be performed in s' manner that screening set in the binder wil.
displaced.
Parking11 signs.
15
16 .
17 .
18.
19 .
20 .
21.
w 0
" All excess screening removed from the project str
" All curb returns at intersections shall be chip sealc
00 Contractor will be responsible for keeping the sidev
will be hauled and disposed of by the Contractor a
additional/separate cost to the City.
time street is chip sealed.
and driveway approaches free of loose chips in
construction area until seal coat is applied.
Asphaltic-emulsion shall be Type RS-2 grade with a liquid rx
latex additive.
Seal coat (rubber latex) shall be medium fine (5/16" x No. 8
of screening) and shall conform to Section 37-18 rlseal Coats!
the CalTrans Standard Specifications and these Spc
Provisions.
The liquid rubber latex additive shall conform to the follc
requirements when sampled and tested in accordance with
Designations: Dl416 and 01417:
Asphaltic Emulsion Grade Used
Type of Latex
Monomer Ration, Butadiene/Styrene
Solids Content, Min. %
caoglum on 80 mesh screen, Max. %
pH of latex Surface Tension, dynes/cm Brookfield Viscosity, cps (Max.)
Solids Content, Min. lbs./gal.
RS2
Anionic
73+5/27+5
67
5.0
0.1
9.4-10.5
28-42
2000
The liquid rubber latex shall be added to the asphaltic emu!
in accordance with one of the following:
" At the source where the asphaltic emulsion is manufactu
" By injecting liquid rubber latex into the line use
transfer asphaltic emulsion from the storage tank ta
distribution truck. The injection system shall conta
metering device capable of volumetric measurement.
Immediately following the application of the bituminous bii it shall be covered with dampened screenings. The chip sprc
shall be a minimum of ten (10) feet, but never by more than :
(50) feet behind the bituminous binder distribution truck.
The Contractor shall furnish a minimum of 2 rubber-cc vibratory drum rollers conforming to Dynapac CA 25AR or app: equal . An operator shall be provided for each piec
equipment .
The Contractor shall also furnish one pneumatic-tired rl
conforming to the provisions of Section 39-5.02, rrcompal Equipmentll, of the CalTrans Standard Specifications. An ope. shall be provided for the piece of equipment.
22 .
23
24.
25.
26.
27 .
28.
29.
e 0
Rolling shall consist of three (3) complete coverages
rubber-coated vibratory drum rollers and shall begin immedia
behind the spreader. The initial roller shall clasely falleti never be more than fifty (50) feet behind the chip spreader
chips are being spread.
All trucks hauling chips shall be equipped with a permanent h that will fit the pulling device on the self-propelled spreader .
As part of project clean-up, the Contractor will be require
sweep the project streets according to the schedule.
Contractor will then be responsible for removing excess scree
from the streets. The excess chips obtained from the swee
operations will be the property of the Contractor, who wil
required to dispose of them.
Payment for chip seal will be paid for at the contract price
square yard,except that no additional payment will be made
dump site, and any costs associated with the chip seal opere
should be included in the unit bid price of work.
Before delivery of materials, certified copies in triplicat
the reports of all required tests shall be submitted to
approved by the Utilities C Maintenance Director. The te:
shall have been performed where indicated in this specific:
at the Contractor's expense by an independent laboratory appl
by the Utilities C Maintenance Director.
Materials shall be delivered to the site in an unda
condition. The materials shall be protected against damagc
stored in a location approved by the Utilities L Maintel
Director. Defective or damaged materials shall be replace
the Contractor at no expense to the City.
The chip seal shall be applied only when the existing surfac clean and free of visible moisture. Chip seal shall be ap]
only when.the pavement is above 60°F and rising unless othe:
directed. The chip seal shall be applied evenly on the su:
as specified herein and as directed. The chip seal shall hi
homogeneous appearance, fill a11 surface voids and pene.
cracks, adhere firmly to the surface, have skid-resistant te:
and be clear of loose chips.
The cover aggregate shall consist of crushed stone, or grav'
both. It shall be thoroughly clean and free from delete:
matter. It should be essentially one size, sharp, and m(
conform to the following gradation requirements as determin
California Test Method No. 205.
salvaging the excess screenings and hauling them to a desigr
0
A. Sieve Size Percentacre Passinq
3/8"
No. 4
No. 8
No. 16
No. 200
NO. 30
Medium 5/16 x No. 8
100
30-60
0-15
0-5
0-3
0-2
B. The percentage passing the #200 sieve shall be as close as feasible to mitigate dust after application. Screer:
shall be non-cubical in nature and shall also conform tc
following quality requirements:
California Test
1. Test Method No . Requiremen
Loss in L.A. Rattler Test
(After 100 Rev.)
(After 500 Rev.) Flim Stripping Cleanliness Value
211 10% Max.
211 40% Max.
302 25% Max.
227 75% Max.
2. The Contractor shall, upon being notified of selection I the work, submit a ten-pound sample of screenings proposc be supplied to the Utilities and Maintenance Direc Samples which, in the opinion of the Utilities
Maintenance Director, would result in excessive strir shall be rejected.
30. A. The bituminous binder shall be asphaltic emulsion
velocity, Type RS-2, conforming to ASTMS D977-69, or MSI
140, with latex rubber additive.
B. The approximate rate of application of the combined asphi
emulsion and latex rubber additive shall be 0.30 gallon:
square yard and cover aggregate shall be approximate1
pounds per square yard.
C. The temperature at the time of application shall be not
than 150°F nor more than 180°F.
31. A. The emulsion shall be SS-1H Anionic Emulsion Seal Coat
shall be mixed on a one part to one part ratio. The emu: shall be applied at a rate of -10 gallons per square ya
B. The emulsion shall not be applied until a minimum of
weeks has passed since the application of oil.
C. Before applying the emulsion, the street shall be swept i to insure that all loose aggregate possible has been rem4
32 .
33 .
34.
35.
36.
37
0 0
D. The temperature at the time of application shall be not
than 100°F nor more than 190°F.
The second posting of :'NO Parking:: signs and the second swef
are considered as incidental to the work and no additi
payment shall be made for these items.
A. The latex rubber additive, ultrapave 70 latex,
manufactured by Textile Rubber b Chemical Co., 1424
Alondra Boulevard, La Mirada, California, 10638, or app~
equal -
B. The percentage of latex to be added to the emulsion sha:
approximately 2.5 percent of the emulsion by volume
gallons of latex to l,OOO gallons of emulsion). M:
requirements shall comply with recommendation of :
manufacturer .
C. Latex rubber additive shall be added to distributor not
than one hour prior to time of application.
D. In the asphaltic emulsion binder distributor truck, ai
time the rubber latex is added, the temperature of
emulsion shall be between 150°F and 180°F and
recirculating pump shall be running. The mixing 1
continue for at least 20 minutes or as directed by
manufacturer.
All work shall be done in accordance with the Contract docum
Special Provisions and these specifications.
The Contractor and all subcontractors, suppliers, and venj shall guarantee that the entire work will meet all require]
of this Contract as to the quality of materials, equipment
workmanship. The Contractor, at no cost to the City, shall any repairs or replacements made necessary by defect materials, equipment, or workmanship that become evident w one (1) year after the date of recordation of the Notic Completion. Within this one (1) year period, the Contr shall also restore to full compliance with the requiremen- this Contract any portion of the work which is found to not
those requirements. The Contractor shall hold the City har
from claims of any kind arising from damages due to said de or non-compliance.
Materials and equipment shall be so stored as to insurc
preservation of their quality and fitness for the pro
Stored materials and equipment to be incorporated in the pr
shall be located so as to facilitate inspection.
The Contractor shall make all repairs, replacements,
restoration within ten (10) work days after the date of noti
the Utilities & Maintenance Director. Failure to comply
result in forfeiture of the Performance Bond.
38.
39 .
40
41.
42 .
0 0
Before ordering any materials or doing any work, the Contr: shall verify all measurements, dimensions, elevations, quantities. No extra charge or compensations over and i
payment for the actual quantities of the various items of
will be allowed because of difference between ac measurements, dimensions, elevations, and quantities and I
indicated in the specifications; or if certain items of work not been included in the Bid Proposal. Any difference thc
shall be submitted to the Utilities and Maintenance Direct01
consideration before proceeding with the work.
A. The Contractor will provide and install ##Tow Away No Parl construction signs, #TC-R 30-5, for use in posting stree. advance of the work. Signs shall be placed at least 48 I prior to commencement of work. Signs shall be pose intervals of not more than 100 feet on both sides of block affected by the work.
B. Tow-away of any vehicles in violation of the "No Parl
signs will be handled by the Carlsbad Police Department.
City assumes no liability in connection with movemen
vehicles by the Contractor.
C. Temparary signing shall be remaved as seen as the street:
ready to receive traffic and are accepted by the Util: and Maintenance Director.
A. Notwithstanding any other or concurrent notification b!
City of paving operations, the Contractor will n(
residences and businesses of street closure utilizi
notification method approved by the Utilities and Maintel
Director.
B. Notices shall be left on or at the front door of
dwelling or commercial unit abutting the street t
surfaced. This shall be done two (2) days prior to plat(
of "NO Parking" signs. The Contractor shall be requirc
insert dates and estimated times of closing and reopc
streets to local traffic. If the work is delaye
rescheduled for any reason after placement of "NO Par: signs or distribution of notification letters, the Contr;
shall re-date the signs affected and redistr,
notification letters.
Payment for the placement of the "No Parking" signs and no'
shall be considered included in the bid price paid for chip and no additional payment will be made therefor.
All manholes, water valves and monument covers shall rece:
heavy coating of aparting agent prior to the application. ,
the screening has been applied and cured, the Contractor
remove all material attached to the covers.
e 0
43. ?he Contractor shall be responsible for the removal of existing raised pavement markers in the work areasI compensation for the removal shall be considered in the Con1 price paid for the chip seal work and no separate payment wi: made therefor.
. e 0
STREET LISTING FOR
1990-91 STREETS CHIP SEAL PROGRAM
TAMARACK AVENUE: Palisades Drive to Elm Avenue
MAXRON ROAD; El Camino Real to Highway 78
CHESTNUT AVENUE: Monroe Street to Pi0 Pic0
CARLSBAD BOULEVARD:
EL CAMINO REAL:
Cement seam under Palomar Airport Road bridge to Manzano Drive
Curb to curb from La Costa Avenue to South City limits
ELM AVENUE : El Carnino Real to Tamarack Avenue
1,
2.
3.
4.
5.
6.
7.
8.
9.
W 0
SPECIFICATIONS FOR
TRAFFIC STRIPES AND PAVEMEXC MARKINGS
FOR 1990-91 STREETS CHIP SEAL PROGRAM
Standard Specifications referred to in these Specifications 1
to the current edition of CALTRANS Standard Specifications any changes thereto.
Painting traffic stripes (traffic lines) and pavement marl
(legend) shall conform to Section 84-1, llGeneral11, and Set
84-3, #*Painted Traffic Stripes and Pavement Markings1*, of
Standard Specifications and these Specifications,
Control of
the Contra
Engineer ,
alignment and layout shall be the responsibilii ,ctor and subject to approval by the City Tri
Layout for striping and the symbol of the pavc
marking (legend) on resurfaced roads shall be based on plai
be supplied by the Utilities and Maintenance Director at
Preconstruction Meeting.
Section 84-3.02, 88Materials~~, of the Standard Specificatioi
amended to read: Paint for traffic stripes and pavement marl
shall conform to the following State Specifications:
Paint State specification No.
Rapid Dry Water Borne - White and Yellow 8010-616-30
Glass beads shall conform to State Specification No. 8010-5,
(Type 11)
Copies of State Specifications for traffic paint and glass :
may be obtained from the Transportation Laboratory, P.0,
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
provide the Engineer with a Certificate of Complianc accordance with the provisions of Section 6-1.07, Wertifi
of Compliancesg, of the Standard Specifications. Said certif
shall certify that the paint complies with the specification
that paint manufactured to the same formulation and proces
previously passed State testing, A list of manufacturers
have produced paint meeting State specifications is avai
from the Transportation Laboratory. (Material supplie
manufacturers other than those that have manufactured app
paint will require complete testing.)
W 0
10 . The first coat of paint for traffic striping and pave
markings shall be applied after the seal coat is applied.
second coat shall be completed no later than 4:OOPM the follc
day.
11. The Cantractar will net he required te paint the %inch black stripe between the two 4-inch yellow stripes of a dc traffic stripe.
12 . The Contractor shall be responsible for maintaining safe trz operation through the work area.
L m e
CHIP SEAL 1990 - 91
1, EL CAMINO REAL: La Costa Ave. to Palomar Airport Road
(141,453 sq. yds.)
2. ALGA ROAD: El Camino Real to Melrose
(88,586 sq. yds.)
3. PI0 PICO: Tamarack Ave. to Los Flores Drive
(26,767 sq. yds.)
4 . ELM AVENUE: 1-5 to El Camino Real
(55,323 sq. yds.)
5e HOSP WAY: Monroe to El Camino Real
(16,465 sq. yds.)
6 CARLSBAD BLVD: Tierra Del Oro to Palomar Airport Road
(22,000 sq. yds.)
7- CARLSBAD BLVD: Palomar Airport Rd. to South City limit
(55,845 sq. yds.)
8. CARLSBAD BLVD: Pine Avenue to Sequoia Avenue
(25,703 sq. yds.)
9. FARADAY DRIVE: El Camino Real to East end
(10,175 sq. yds.)
10 . PALMER WAY: Faraday Drive to Cougar Drive
(8,550 sq. yds.)
11. COUGAR DRIVE!: Palmer Way to El Camino Real
(1,374 sq. yds.)
12. YARROW DRIVE: Palomar Airport Road to Camino Vida Rob1
(11,111 sq. yds.)
13. IMPALA DRIVE: Palmer to Orion
(7,002 sq. yds.)
14. POINSETTIA LANE: Carlsbad Blvd. to Batiquitos Drive
(26,542 sq. yds.)
6
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