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HomeMy WebLinkAbout1992-07-07; City Council; 11776; ADVERTISE FOR BIDS FOR IMPROVEMENTS TO PALOMAR ARIPORT ROAD, EAST AND EL CAMINO REAL, PROJECT NO. 31661 . -3 7 i Adopt Resolution No. 32-216 approving plans and specifications and author the City Clerk to advertise for bids for the construction of improvement Palomar Airport Road, El Camino Real to San Marcos and El Camino Real, Farad Palomar Airport Road, Project No. 3166 and authorize the City Manager to ex1 an amendment to the agreement for the design of Palomar Airport Road east ( Camino Real to the City of San Marcos. ITEM EXPLANATION: This project is a joint venture with the City of Carlsbad, the Carlsbad Munil. Water District, the City of San Marcos and the City of Vista. The extent oi project is shown on Exhibit 'A' of this agenda bill. On Palomar Airport Road project extends from a point approximately 700 feet westerly of El Camino Re, Acacia Drive in San Marcos. The El Camino Real portion of the project is Faraday Avenue southerly to a point approximately 440 feet south of Palomar Ail Road. This project will widen Palomar Airport Road to four paved lanes bicycle lanes and will grade for two additional outside lanes that will enabl street to be widened to a prime arterial with future construction. El Camino will be improved to full prime arterial standards. Along with the pro1 Construction of landscaped medians on El Camino Real and the portic Palomar Airport Road west of El Camino Real. Modification of traffic signals at each street intersection alons Replacement of an existing water line with a water transmission line ra from 30" to 36" diameter. Construction of storm drain facilities. Undergrounding of all overhead utility services in the City of Carl! excepting three pole structures for two separate pole lines lo( approximately 300 feet westerly of the city limits near Business Park Di Both lines are classified as high voltage transmission lines by San I Gas & Electric. One of the pole lines carries 138,000 volts, the other line carries 69,000 volts. Both lines cross the street and continue intl City of San Marcos. San Marcos did not wish to underground the line part of this project. Bids will be solicited for two construction schedules. Schedule No. 1 provide With the exception of the Bressi Ranch and Woodward/MLHM frontages, all s t a Page 2 of Agenda Bill e No. 11,776 dedications necessary to construct this project have been obtained. The B Ranch and Woodward/MLHM frontages are the subject of agenda bills that wi brought before the City Council at the next Council meeting of July 14, 1992. parties have given strong assurances to staff that they are in agreement wit documents that staff has prepared for their signatures. ENVIRONMENTAL REVIEWS: The Planning Director issued a Negative Declaration for the Palomar Airport portion of this project on November 12, 1990 and a Mitigated Negative Declar for the El Camino Real portion on December 5, 1991. - GENERAL PLAN CONSISTENCY: The Planning Commission Determinations for General Plan Consistency have approved. PCD/GPC 90-5 for Palomar Airport Road was approved on June 5, 199 PCD/GPC 91-2 for El Camino Real, among others, was approved on September 18, FISCAL IMPACT: Staff estimates that the total cost of this project will be $13.5 million. amount includes $11.8 million for construction and $1.7 million in de: administration and inspection costs. A more detailed list of costs is shol Exhibit "Bll. Project funding in the amount of $14.5 million is being obtained from numc sources. For the street construction within the City of Carlsbad $8.0 millio been appropriated. Of these appropriated funds $6.2 million are from SA1 Transnet. The balance includes $1.8 million from traffic impact fees and $81 of capital construction monies from the general fund. Four million dollar: been appropriated for the water transmission line by the Carlsbad Municipal ' District. The District estimates that construction of the water line will $3.1 million. Because the District funds are dedicated to water SJ improvements the $0.9 million balance will not be available for any chang project construction costs in excess of those required to construct water SJ improvements and provide traffic control and detouring associated with the \ improvements. An additional $3.1 million in funds that may become available listed on sheet 2 of Exhibit IC'. It is highly likely that the City will rec $0.4 million of the potential funds. The City of San Marcos will reimburs6 City of Carlsbad approximately $2.2 million for the design, construc' administration and inspection of the portions of the project within jurisdiction. The City of Vista will reimburse us for approximately $0.3 mil' The exact amounts will be determined by the actual cost of the improvement: services required for the two cities. A more detailed view of project fundi1 provided in Exhi bit "C" . t e e Page 3 of Agenda Bill No. //I 336 Construction of the project is anticipated to be completed in March 1994. U completion, the City will maintain the new street and drainage improvements. precise cost of maintenance is not known. Based on the average cost of maintena procedures for City streets and the traffic lanes that will be added by project, the projected annual increase in street maintenance costs for this proj are : Feature Estimated Annual Cost Street Lighting $ 340 Street Maintenance 28,033 Storm Drain Cleaning 264 TOTAL $28,637 Traffic Signals -0- The amendment to the agreement for the design of Palomar Airport Road east o Camino Real to the City of San Marcos is in the amount of $43,800 and covers increased costs of preparing detailed traffic control plans and designing drafting plans for features of the project that were unknown at the time project was conceived and the design agreement executed. There are suffic monies in the accounts funding this project to provide for the payment of amendment. EXHI BITS : 1. Exhibit "A", Location Map. 2. Exhibit "Bll, Project Cost Estimate. 3. Exhibit "C", Project Funding Sources. 4. Resolution No.?a-a/b approving plans and specifications and authori the City Clerk to advertise for bids for the construction of improvemenl Palomar Airport Road, El Camino Real to Acacia Drive, and El Camino from Faraday Avenue to El Camino Real, Project No. 3166. CITY OF VISTA P CITY OF CARLSBAD BUSINES: T D x3 0 0 v) CITY OF OCEANSIDE NOT TO SCALE t e e CITY of CARLSBAD - Engineering Department Combined Project: PALOMAR AIRPORT ROAD, EAST & PROJECT ESTIMATE EL CAMINO REAL, FARADAY TO PAR AGENCY CARLSBAD VISTA SANMARCOS CMWD TOTALS ITEM STREET IMPROVEMENTS $6,073,426 $26 1,993 $1,724,069 $0 $8,059,488 WATER IMPROVEMENTS $0 $0 $0 $2,421,649 $2,421,649 MOBILIZATION $177,478 $4.598 $43,949 $67,9 14 $293,940 TRAFFIC CONTROL & DETOURS . $545,168 $5,704 $1745 16 $217,958 $943,345 PROJECT DESIGN $446,572 $17,893 $127,644 $177,9 12 $770,021 PROJECT ADMINISTRATION $90,473 $3,625 $25,860 $36,044 $156,003 INSPECT, TEST & SURVEY $407,123 $16,312 $116,369 $162,196 $702,000 TOTALS $7,740,240 $310,125 $2,212,407 $3,083,674 $13,346,445 EXHIBIT 'B' Page 1 of 1 e e PALOMAR AIRPORT ROAD, EAST & EL CAMINO REAL, FARADAY TO PAR PROJECT FUNDING - ENTIRE PROJECT PROJECT TITLE ACCOUNT NUMBER FUNDING SOURCE TOTAL AM( PAR, EAST & ECR WIDENING 152-1840-3 166 GAS TAX $3 PAR, EAST & ECR WIDENING 310-1840-3166 TRAFFIC IMPACT $1,7 PAR, EAST & ECR WIDENING 343-1840-3166 SAN DIEGO CO AIRPORT $4 PAR, EAST & ECR WIDENING 342-1843-3166 TRANSNET - LOCAL $3,( PAR & ECR SAN DIEGO Co. FRONTAGE 300-1840-3286 CAPITAL CONST, GEN FUND 4 PAR, ECR TO BUSINESS PK DESIGN 342-1842-3341 TRANSNET - HWY 78 $2, PAR, BICYCLE LANES NOT ASSIGNED TDA, BICYCLE s PAR, BICYCLE LANES NOT ASSIGNED TRANSNET, BICYCLE s PIPELINE, ECR & PAR-PR RELOCATE 505-1860-3381 CMWD, CAPITAL SURCHARGE S2,l PIPELINE, ECR & PAR-PR RELOCATE 506-1860-3381 CMWD, MAJOR FACS FEE S2,( PALOMAR AIRPORT RD-BUSINESS PK DR NOT ASSIGNED CITY OF VISTA s SAN MARCOS BLVD WIDENING NOT ASSIGNED CITY OF SAN MARCOS $2, TOTAL $14, EXHIBIT 't Page 1 of 2 0 e PALOMAR AIRPORT ROAD, EAST & EL CAMINO REAL, FARADAY TO PAR POTENTIAL PROJECT FUNDING - ENTIRE PROJECT PROJECT TITLE ACCOUNT NUMBER FUNDING SOURCE POTENTIAL FI EL CAMINO REAL BICYCLE LANES NOT ASSIGNED TRANSNET, BICYCLE (TDA) $1 CT 74-21 BEDFORD PROP OBLIGATION NOT ASSIGNED DEVLOPMENT EXACTION $2 ECR & PAR INTERSECTION WIDENING NOT ASSIGNED STATE-LOCAL PARTNERSHIP st EL CAMINO REAL WIDENING NOT ASSIGNED STATE-LOCAL PARTNERSHIP s: INTERIM WIDENING PAR, ECR TO BPD NOT ASSIGNED STATE-LOCAL PARTNERSHIP $1,’ TOTAL $3,( EXHIBIT ’C’ Page 2 of 2 @ 0 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROUSIONS FOR 1991-92 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM CONTRACT NO. U/M 92-9 C:\WPS lWLESWLH92004.ST REV. 12/18 , e e TWLE OF CONTENTS 7 Item Pane NOTICE INVITING BIDS .............................................. 1 CONTRACTORS PROPOS AL ............................................ 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL. .............................. 1c DESIGNATION OF SUBCONTRACTORS .................................... 1; BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ....................... BtDDER'S STATEMENT OF TECHNICAL A5tLITY AND EXPERIENCE ............... 1. 1. NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I CONTRACT - PUBLIC WORKS .......................................... 1 MOR AND MATERIALS BOND ......................................... : PERFORMANCEBOND ............................................... : ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION RELEASEFORM .................................................... ........... SPECK PROVISIONS SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS F PUBLIC WORKS CONSTRUCTION ................................ 11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOE CONSTRUCTION FOR CONSTRUCTION MATERIALS ................... I. 111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOI CONSTRUCKON FOR CONSTRUCTION METHODS .................... REPLACEMENT PROGRAM .................................. *. ... IV. GENERAL PROVISIONS FOR 1991-92 CURB, GUTTER AND SIDEW V. SPECIFICATIONS FOR 1991-92 CURB, GUTTER AND SIDEWALK REPLACEM' PROG .................................................... LOCATION LISTING & MAPS ...................................... CAW5 lWLESWLH92004.ST REV. 12, 0 e CITY OF CARLSBAD, CALIFORNIA NOTICE 1"ING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 12( Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on t , 19-, at which time they will be open and read, for performing the work as follows: day of CONTRACT NO. U/M 92-9 The work shall be performed in strict conformity with the specifications as approved by I City Council of the City of Carlskad on fiIe with the Municipal Projects Department. T specifications for the work ide the Standard Specifications of Public WOK Construction, (SSPWC), 1991 E m, and the latest scpplement, hereinafter designat "SSPWC", as issued by the Sou:-.em California Chapter of the American Public bvor Association and as amended by the special provisions sections of this contract. Referen is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-own businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators a contractors to utilize recycled and recyclable materials when available and tvhe appropriate. No bid will be received dess it is made on a proposal form furnished by the Purchasi Department. Each bid : st be accompanied by security in a form and amount requir by law. The biddeis sec :ry of the second and third next lowest responsive bidders rn be withheld until the Contract has been fully executed. The security submitted by all otk unsuccessful bidders shall be returned to them, or deemed void, within ten (lo) days afr the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Secti 22300), appropriate securities may be substituted for any obligation required by this notj or for any monies withheld by the City to ensure performance under this Contract. Secti 22300 of the Public Contract Code requires monies or securities to be deposited with I City or a state or federally chartered bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: '1. Contractois Proposal 2. Biddeis Bond 3. Non-Collusion Affidavit C:\WPS lWLESVILH92004.ST REV. 12i18 * 0 e 2 AU bids wilI be compared on the basis of the Engineer's Estimare. The estirnared guan\iria are approximate and serve solely as a basis for the comparison of bids. The Engtneefs Estimate is $128,834. tt is estimated to take forry-five (45) work days to fully complete all aspects of the project, including sweeping. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number expiration date and classification in the proposal, under penalty of perjury, pursuant t( Business and Professions Code Section 7028.15. The following classifications arf acceptable for this conuact: A, C-12 or C32 in accordance wirh the provisions of slate law If the Contractor intends to utilize the escrow agreement included in the contrac documents in lieu of the usual 10% retention from each payment, these documents mu be completed and submitted with the signed contract. The escrow agreement may not b substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at th Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue Carlsbad, California, for a non-refundable fee of S10.00 per set. The City of Carlsbad resefies the right to reject any or all bids and to waive any minc irregulariry or informality in such bids. The general prevailing rate of wages for each craft or ye of worker needed to execute tk Contract shall be those as determined by the Director of Industrial Relations pursuant I the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 ( the Labor Code, a current copy of applicable wage rates is on file in the Office of ti Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay le than the said specified prevailing rates of wages to all workers employed by him or her the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance wirh provisions Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Cod "Subletting and Subcontracting Fair Practices Ac t." The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 17 shall apply to the Contract for work. A pre-bid meeting will be held on , 1992, at 10:r in the Utilities and Maintenance Administration Conference Room, located ar 2075 I Palmas Drive, Carlsbad, California. A tour of the project sites should be made pnor to t pre-bid meeting. All bids are to be computed on the basis of the given estimated quantities of work, indicated in this proposal, times the unit price as submitted by the bidder. In case 0 , June CAW5 lWLESWLH92004.ST REV. 12ilE e e discrepancy between words and figures, the words shall prevail. In case of an enor in t extension of a unit price, the cox-rected extension shall be calculated and the bids will 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 a typed or written in with ink and must be initialed in ink by a person authorized to'sign f the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day pr to bidding. Submission of bids without acknowledgment of addenda may be cause rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materii suppliers, in an amount equal to one hundred percent (1000/0) and fifty percent (50% respectively, of the Contract price will be required for work on this project. These bon shall be kept in full force and effect during the course of this project, and shall extend full force and effect and be retained by the City for a period of one (1) year from the d: of formal acceptance of the project by the City. Bonds and insurance are co be placed with insurers that have (1) a rating in the mc recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business the State of California, and (3) are listed in the official publication of the Depanment Insurance of the State of California. Auto policies offered to meet the specification of rl contract must: (1) meet the conditions stated above for all insurance companies and ( cover anv vehicle used in the performance of the contract, used onsite or offsite, wherb owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurar certificate must state the coverage is for "any auto" and cannot be limited in any mann Workers' compensation insurance required under this contract must be offered by company meeting the above standards with the exception that the Best's rating conditi is waived. The City does accept policies issued by the State Compensation Fund meeti the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. A 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 CAW5 lWLESWLH92004.ST REV. 12/18 > 0 e , 4 CITY OF CARLSBAD CONTRACT NO. U/M 92-9 CONTRACTOR’S PROPOSAL Ciry Council City of Carfsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read rhc Notice Inviting Bids, examined the Plans and Specificarions, and hereby proposes to furnist all labor, materials, equipment, transportation, and services required to do all the work I< complete Contract No. U/M 92-9 in accordance with the Plans and Specifications of rhc City of Carlsbad, and the Special Provisions and that he/she will take in full paymen therefor the following unit prices for each item complete, ro wit: Item Description with Appro xima re Item Unit Price or Lump Sum Quantity Unit No. Price in Words and Unit Price Toral 1. Curb and gutter removal 1,256 lin. ft. S S and disposal at dollars and cents per lineal foot. 2. Sidewalk removal and 13,836 sq. $ S-, disposal at fr. dollars and cents per square foot. C:\WPS lFILESVILH92004.ST REV. 12’18; e e Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price in Words and Unit Price Total 3. Driveway approach removal 1,495 sq. ft. !$ S and disposal at dollars and cents per square foot. S 4. Type "G" PCC curbs and . 1,256 lin. ft. S- , gutters installed including fine grade complete in place at dollars and cents per lineal foot. 5. 4" PPC sidewalks installed 13,836 sq. ft. S $ including fine grade complete in place at dollars and cents approaches installed including fine grade complete -in place at dollars and square foot. fine grade complete in place at dollars and square foot. at dollars and square foot. complete in place at dollars and cents per square foot. 6. 5-1/2" PPC driveway 1,495 sq. ft. $ $ cents per 7. 6" PCC cross gutter including 772 sq. ft. $ S cents per 8. 6' PCC cross gutter removal 772 sq. ft. $ $- cents per 9. 6" PCC spandril including fine 582 sq. ft. $ L C:\WPS lWLESVILH92004.ST REV. 121 e 0 10, 6’ PCC spandril removal at 582 sq. fr. S $ dollars and cents per * square foor. Total amount of bid in words: Total amount of bid in numbers: S Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. The Undersigned has checked carefully all of the above figures and undersrands that tl City will not be responsible for any error or omissions of the pan of the Undersigned making up this bid. The Undersigned agrees thar in case of default in executing the required Contract wi necessary bonds and insurance policies within twenty (20) days from the date of award 1 Contract by the City Council of the City of Carlsbad, the proceeds of the check or bor accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that they are licensed to c business or act in the capacity of a contractor within the Stare of California and that thc are vaiidly licensed under license number which expires on . This statement is true and correct and has the legal effe of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursua to the Business and Professions Code shall be considered nonresponsive and shall 1 rejected by the City. 9 7028.15(e). [n all contracts where federal funds are involved, I bid submitted shall be invalidated by the failure of the bidder to be licensed in accordan with California law., However, at the rime the contract is awarded, the contractor sh: be properly licensed. Public Contract Code 3 20104. has/have been received and is/are included in th , classification REV. 12’1% C:\WPS l\RLES\H LH92004.ST e 0 7 The Undersigned bidder hereby represents as follows: I. That no Council member, officer agent, or employee of [he City of Carlsbad i! personally interested, directly or indirectly, in this Contract, or the compensation tc be paid hereunder; that no representation, oral or in writing, of the City Council its officers, agents, or employees has inducted hidher to enter into this Contract excepting only those contained in this form of Contract and the papers made a pan hereof by its rems; and 2. That this bid is made without connection with any person, firm, or corporarioi making a bid for the same work, and is in all respects fair and without collusion o fraud. Accompanying this propos-. is (Cash, Certified Check, Bond or Cashier‘s Check) for ten percent (10%) of [he amount bid. The Undersigned is aware of the provisions of Secrion 3700 of the Labor Code whic requires every employer to be insured against liability for workers’ compensation or < undertake self-insurance in zccordance with the provisions of that code, and agrees comply with such provisions before commencing the performance of the work of tb Contract and continue to comply until the contract is complete. The Undersigned is aware of the protisions of the Labor Code, Pan 7, Chapter 1, Arric 2, relative to the general prevailing rare of wages for each craft or type of worker needl to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor (Street and Number) City and State (4) Zip Code Telephone No. REV. 12’1 CAW5 lFILESU-ILH92004.ST e 0 E IF A PARTNERSHIP. SIGN HERE: (1) (2) Name under which business is conducted Signature (given and surname and character of partner) (Note: Signatur musi be made by a general partner) (3) Place of Business (Street and Number) City and State Zip Code Telephone No. CAW5 lWLESVILH92004.ST REV. 12/18 e 0 s IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (2) Signa lure Title Impress Corporare Seal he (3) (4) Place of Business Incorporated under rhe laws of the State of (Street and Number) City and State (5) Zip Code Telephone No. NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST ATTACHED List below names of president, vice president, secretary and assistant secretary, i corporation; if a partnership, list names of all general partners, and managing partnei C:\WPS 1 FILESWLH92004ST REV. 1211 e 10 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and tidy bound unto the City of Carlsbad, California, in an amount a! follows: (must be at least ten percent (10%) of the bid amount) for which payment, weil and truly made, we bind ourseives, our heirs, executors x.\ administrators, successors or assigns, jointiy and severally, fidy by these presents. THE CONDITION OF THE FOFEGOING'OBLIGATION IS SUCH that if the proposal of thi above-bounden Principal for: , as Principal, and in the Ciry of Carlsbad, is accepted by the City Council, and if the Principal shall duly ente into and execute a Contract including required bonds and insurance policies within went (20) days from the date of award of Contract by the Ciry Council of the Ciry of Carlsbac being duly notified of said- award, then this obligation shall become null and voic otherwise, it shall be and remain in full force and effect, and the amount specified herei shall be forfeited to the said Ciry. .... .... .... .... .... .... .... .... .... .... .... REV. 12/18 C:\WPS 1WLESWLH92004. ST e 0 1 tn the event Principal executed this bond as an individual, it is agreed that the death c Principal shall not exonerate the Surery from its obligations under this bond. Executed by PRINCIPAL this day of Executed by SURETY this day of Y 19-. > 19 -' PRINCIPAL: SURETY: (Name of Principal) (Name of Surery) By: By: (sign here) Signature of Attorney-in-Fact (print name here) printed name of Attorney-in-Fact (attach corporate resolution showii current power of attorney) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledge of execution by PR1NCiP.U and SUETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only ( oficer signs, the corporation must attach a resoluclon certfied by the secretary or assutant secretary un corporate seal empowering L+at o€ficer to bind the corporauon.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: KAREN J. HIMTA Deputy City Attorney CAW5 1FI LESW LH92004. ST REV. 12,'It 0 0 1 DESIGNATION OF SUBCON’TRICTORS The Contractor certifies he/she has used the sub-bids of the following listed Contracto in making up his/her bid and that the sub-contractors listed will be used for the work fc which they bid, subject to the approval of the Utilities and Maintenance Director or h approved representative, and in accordance with applicable provisions of the specificatioi and Section 4100 et seq. of the Public Contracts Code - “Subletting and Subcor,tracrmg F; Practices Act.“ No changes may be made in these subcontractors except upon the pn approval of the Utilities and Maintenance Director or his approved representative of t! City of Carlsbad. The following inforrna[:on is required for each sub-contractor. Addition pages can be attached if required: Items of Complete Address Phone No. Work Ful! Ccmxin:, Name with Zip Code with Area Code C\ W,C t \ n LES\,,V7,F92MV-. ST REV. 12,11 e e 13 ARIOUNT OF SUBCONTWCTORS' BIDS The bidder is to prolide the following information on the subbids of all the listec subcontractors as parr of the sealed bid submission. Addicional pages can be attached, i: required. Type of State Con rrac ring Carlsbad Business hount of Bid Full ComDanv Name License & No. License No." IS or %) * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Conrracts. C:\WPS lWLESWLH92004.ST REV. 1211t 0 * 14 BIDDER’S STATEMENT OF FlNANClAL RESPONSlBILlTY Bidder submits herewith a statement of financial responsibility. C:\WPS lWLESWLH92004.ST REV. 12!18/ Date Name and F-me Amount Completed of the Employer to Contr Work Contract Contract Name and Address No. of Per ;1 Type of of I.- e * 16 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMI?TED WlTH BID State of California ) County of 1 ) ss. , being first duly sworn, deposes (Name of Bidder) and says that he or she is (Tide) of the parry making the foregoing bid rhat the bid is not made in the interest of, or on behal of, any undisclosed person, partnership, company, association, organization, or corporation that the bid is genuine and 2ot collusive or sham; that the bidder has not directly o indirectly induced or solicited any other bidder to put in a false or sham bid, and has no directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyoni shall refrain from bidding that the bidder has not in any manner, directly or indirect11 sought by agreement communication, or conference with anyone to fix the bid price, or c that of any other bidder, or to fix any overhead, profit, or cost element of advantag against the public body awarding the contract of anyone interested in the propose contract; that all statements contained in the bid are true; and further, that the bidder ha not, directly or indirectly submitted his or her bid price or any breakdown thereof, or th contents thereof, or divulged information or data relative thereto, or paid, and will not pa: any fee to any corporation, partnership, company association, organization, bid depositor 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 th , 199-. (Name of Firm) affidavit was executed on the - day of Signature of Bidder - Subscribed and sworn to before me on the day of J 19-. (NOTARY SEAL) Signature of Notary REV. 12ilE - , .rm*., -1 rp, rry Un3MA CT e e CONTRACT - PUBLIC WORKS This agreement is made this , 199-, by and betwet the City of Carisbad, California, a municipal corporation, (hereinafter called "City'), ar whose principal place of bushe is day of (heremafter called 'Corm-actor '.) City and Contractor agee as fol!ows: 1. Description of Work. Contractor shall perform all work specified in the Contrz documenrs for: 1991 -92 Curb, Gutter and Sidewalk Replacement Progral Conrract No. U/M 92-9, [hereinafter called "project") Provisiors of Labor and Materia!s. Contractor shall provide all labor, materia tools, equipment, and personnel to perfom the work specified by the Contr: Documents. Contract Documenrs. The Contract Documents consist of this Contract, Not1 Inviting Bids, Contracror's Proposal, Biddeis Bond, Designation Subcontractors, Bidder's Statements of Financial Responsibility and Technic Ability, Non-collusion Affidatvir, Escrow Agreement, Release Form, the Plans a Specifications, the Special Provisions, and all proper amendments and chang made therero in accordance Cvith this Contract or the Plans and Specificatior and all bonds for the project; all of which are incorporated herein by tl reference. Contractor, her/his subcontractors, and materials suppliers shall provide a. install the work as indicated, specified, and implied by the Contract Documen Any items of work not indicated or specified, but which are essential to t completion of the work, shall be provided at the Contractois expense to fulj the intent of said documents. [n all instances through the life of the Contra the City will be the interpreter of the intent of the Contract Documents, and t City's decision relative to said inrent will be final and binding. Failure of t Contractor to apprise subcontractors and materials suppliers of this condition the Contract will not relieve responsibility of compliance. Pavment. For all compensation for Contractois performance of work under tl Contract, City shall make payment to the Contractor per Section 9-3 of t Standard SDecifications for Public Works Construction (SSPWC) 1991 Editic and the latest supplemenr, hereinafter designated "SSPWC', as issued by t Southern California Chapter of the American Public Works Association, and amended by the Special Provisions section of this contract. The closure date 1 each monthly invoice will be the 30th of each month. Invoices from t REV. 12/18 2. 3. 4. C:\WPS lWLES\HLH92004ST 0 a 18 Contractor shall be submitted according to [he required City format to the cit).’s assigned project manager no larer than rhe 5rh day of each month. Payments will be delayed if invoices are received afrer the 5th of each month. The final retention amount shall not be released until the expiration of rhirry-five (35) days follotving the recording of rhe Notice of Completion pursuant to California Citil Code Section 3154. [rdegendenr htresriaation. Conrracror has made an icdependenr investigation of the jobsire, the soil condirions ar the jobsite, and all other conditions tnar might affect the progress of rhe work, and is aware of those conditions. The Contract price incrudes paymenr for all work that may be done by Contractor, whether anticipated or not, in order ro overcome underground conditions. Any information that may have been furnished to Contractor by Ciry abour underground condirions or orher job condirions is for Contractofs convenience only, and Ciry does nor tvarrant that rhe conditions are as thus indicated. Contractor is satisfied tvi;h all job condirions, including underground conditions and has not relied on informarion’furnished by Ciry. 5. .e 6. Contractor Responsible for Enfareseen Conditions. Contractor shall b, responsible for all loss or damage arising out of the nature of the work or fror the action of the elements or from any unforeseen difficulties which may arise c be encountered in the prosecution of the work until its acceptance by rhe Cir) Contractor shall also be respcnsible for expenses incurred in the suspension c discontinuance of [he work. However, Contractor shall not be responsibie fc reasonable delays in -the completion of the work caused by acts of God, stom weather, extra work, or matters which the specifications expressly stipulate w‘ be borne by Ciry. Hazardous Waste or Other Unusual Conditions. If the contract involves diggir trenches or other excavations that exrend deeper than four feet below the surfac Contractor shall promptly, and before the following conditions are disturbe notify City, in writing, of any: 7. C:\WPS lWLESVILH92004. ST REV. 1L’l e a 1 A. Material that Contractor be!ieves may be material that is hazardous wast as defined in Section 251 17 of the Health and Safety Code, thar is requirc to be removed to a C!ass [, Class [I, or Class I11 disposal sire in accordar,, with pro\.isions of existing law. Subsurface or larenr Thysicai conditions at the sire differkg fxm rho indicated. Unknown phxsical condiIions at the site of any unusual nature, differ. materia!ly from rhose ordinarily encounrered and generally recopzec inh2rent in ivork of the character provided for in the contract. B. C. City shall promptly invesrigare rhe conditions, and if it finds that rhe conditio do materially so differ, or do involve hazardous wasre, and cause a decrease increase in contracror's costs of, or the rime required for, performance of any p: of the work shall issue a change order under the procedures described in d conrract. In the event that a dispute arises between City and Contractor whether t conditions materially differ, or involve hazardous waste, or cause a decrease increase in rhe conrractor's cost of, or time required for, performance of any p: of the work, contractor shall not be excused from any scheduled completion dz provided for by the contract, but shall proceed with all work ro be perform under rhe contract. Contractor shall retain any and all rights provided either contract or by law which pertain ro rhe resolution of disputes and protei between the contracting parries. Change Orders. City may, wirhour affecting rhe validity of the Contract, ord changes, modifications and extra work by issuance of written change orde Contractor shall make no change in the work without the issuance of a wrirr change order, and Contractor shall not be entitled ro compensation for any ex1 work performed unless the City has issued a wricren change order designaring advance the amount of additional compensation to be paid for the work. [j change order deletes any work, the Contract price shall be reduced by a fair a reasonable amount. if the parries are unable ro agree on the amount reduction, the work shall nevertheless proceed grid the amounc shall determined by lirigarion. The only person authorized to order changes or ex1 work is the Project Manager. The written change order must be executed by t City Manager or the City Council pursuant to Carlsbad Municipal Code Secti 3.28.1 72. 8. C:\WPSlFILES\HLH92OC)4.ST REV. 12/18 m * 20 Immimation Reform and Conrrcl Act. Contractor certifies he is aware of the requirements of the Immigrat.ion Reform and Control Act of 1986 (8 L’SC including, but r,at limited to, verifying the eligibility for employment of all agents, employees, subconrractors, and consultants that are included in this Contrac t. Prevailin2 Waqe. Purscar-t ro the California Labor Code, the director of the Deparrment of tndusrrial Re!arions has determined the general prevailing rate of per diem wages in accordance Lvirh 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 California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Conrracror shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all c!aims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of’ the Conrracror 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, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unlesz the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees foi litigation, arbitration, or o ther dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contrac insurance against claims for injuries to persons or damage to property which ma! arise from or in connection tvirh the performance of the work hereunder by thc Contractor, his agents, representatives, employees or subcontractors. Saic insurance shall meet the City’s policy for insurance as stated in Resolution Nc 9. Sections I101-~525) and has complied and will comply wirh rhese requirernenrs, 10. 11. 12. 91 -403. (A) COVERAGES AND LIMITS - Contractor shall maintain the rypes c coverages and minimum limits indicted herein: 1. ComDrehensive General Liabilitv Insurance: $1,000,000 combined single .limit per occurrence for bodily injur and property damage. separate aggregate in the amounts specified shall be established fc the risks for which the City or its agents, officers or employees a1 additional insureds. If the policy has an aggregate limit, CAW5 1 \RLES\H LH92004.ST REV. 12!18;! e 0 2 2. xu I 0 m c b i 1 e L i ab i 1 i 11; I n s u r a n c e : S1,000,000 combined single limit per accident for bodily injury ar property damage. In addition, the auto policy must cover g vehicle used in the performance of the contract, used onsire ( offsire, cvherher owned, non-owned or hired, and wherh scheduled or non-scheduled. The auto insurance cen;f, 1 !care mu state the coverage is for "any auto" and carmot be limited in a] manner. Ct'o r k.e rs' C c F. c' e n s a r i c n and En p 1 overs' Li a b il i rv I n s u ra nc e : Workers' compensation likrs as required by the Labor Code of t Stare of C :liFcrnia and Employers' Liability limits of S1,000,000 F incident. Lt'orkers' compensation offered by the St; Compemaricn [nsurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies insurance required under this agreement contain, or are endorsed contain, the folloiving provisions. General Liability and Automot: Liability Cover ages : 1. 3. The City, irs officials, employees and volunteers are to be cove] as addirional insureds as respects: liability arising out of ac:ivit performed by or on behalf of the Contractor; products E completed operations of the contractor; premises owned, leas hired or borroLved by the contractor. The coverage shall con[ no special limiracions on the scope of protection afforded to City, its officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance respects the City, its officials, employees and volunteers. ! insurance or self-insurance maintained by the City, its offici employees or volunteers shall be in excess of the contracti insurance and shall not conrribute with it. Any failure to comply with reporting provisions of the policies s not affect coverage provided to the City, its officials, employee volunteers. Coverage shall state that the contractois insurance shall ai separately to each insured against whom claim is made or su brought, except with respect to the limits of the insurer's liabi (C) "CLAIMS MADE' POLICIES - [f the insurance is provided on a "claims mi basis, coverage shall be mainrained for a period of three years following date of completion of the work. 2. 3. 4. REV. 12;l C:\WP51FILESWLH92004.ST 0 * 2 (D) NOTICE OF CANCELLATION - Each insurance policy required by rh agreement shall be endorsed to state that coverage shall not be suspezdec voided, canceled, or reduced in coverage or limits except after thrry (30 days' prior written notice has been given to the City by cerrified mai return receipt requesred. (E) DEDL'CTIBLES AND SELF-INSURED RETENTION (S.t.R.) LEVELS - .h deductibles or self-insured rerention levels must !x declared to ar. approved by the City. At the oprion of [he Ciry, either: the insurer s'na reduce or eliminate such deductibles or self-insured retenrion let-els 2 respects the City, is officia!s and enployees; or the contractor shall procui a bond guaranteeing pa)-:inent of losses and related investigation, chi administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required under th agreement shall conrain a waiver of all rights of subrogation the insurt may have or may acquire against [he City or any of its officials ( employees. (G) SUBCONTFUCTORS - Contractor shall include all subcontractors as insure1 under its policies or sh-ail furriish separate Certificates and endorsements f each subcontractor. Coverages for subcontractors shall be subject to all the requiremenrs srated herein. (F) (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure that have a raring in Best's Key Raring Guide of at least A-:V, and a authorized to do business within the State of California and are included the official publication of the Department of tnsurance of the State California as allowed under rhe standards specified in by the Ciry Coun Resolution No. 91-403 . VERIFICATION OF COVERAGE - Contractor shall furnish the Ciry \vi certificates of insurance and original endorsements affecting covera required by this clause. The certificates and endorsements for ea insurance policy are to be signed by a person authorized by that insurer bind coverage on its behalf. The certificates and endorsements are to be forms approved by rhe City and are to be received and approved by the C before work commences. COST OF INSURANCE - The Cost of all insurance required under t agreement shall be included in the Contractor's bid. (I) (J) CAW5 lFILESWLH92004.ST REV. 12.1s e e 23 Claims and Lawsuits. hll claims by Conrracror for S375,OOO or less shall be resolved in accordance wirh rhe provisions in the Public Contract Code, Dtvisior 2, Parr 3, Chapter 1, iuticle 1.5 (commencing wirh Section 20104) which arf incorporated by reference. .All claims over S375,OOO shall comply wirh rht Govemer,c Torr C!airr,s Acr (Secrion 900 et seq of rhe California Governen Code) for any claim or cause of act:-.= for money or damages prior to filing an: lawsuit for breach of rhis agreement. >laintemnce of Records. Contraclor shall maintain and make avai!able a[ i10 cos to the City, upon requesr, records in accordance cvirh Sections 1776 and 1512 o Part 7, Chapter 1, iuticle 2, of the Labor Code. tf the Ccr.:racror does no maintain rhe records ar Conrracrois principal place of business as specifiei above, Conrractor shall so inform the City by certified letter accompanying rh return of rhis Contracr. Conrracror shall notify the Ciry by certified mail of an change of address of such records. Labor Code Provisions. The provisions of Parr 7, Chapter 1, commencing wir Section 1720 of the Labor Code are incorporared herein by reference. Securitv. Securities in the form of cash, cashieis check, or certified check rn: be substituted for any monies withheld by rhe City to secure performance of th contract for any obligation esrablished by chis contract. Any ocher securiry rh: is mutually agreed to by the Contractor and the City may be substituted fc monies withheld to ensure performance under rhis Contract. Affirmative Action. contractor cerrifies that in prefoorming under the purcha: order awarded by rhe City of Carlsbad, he will comply with the County of S: Diego Affirmative Acrion Program adopted by the Board of Supervisors, includir all current amendments. Provisions Required by Law Deemed Inserted. Each and every provision of la and clause required by law to be inserled in [his Contract shall be deemed to inserted herein and included herein, and if, through mistake or orhewise, a such provision is not inserted, or is not correctly inserted, then upon applicatii of either party, the Contract shall forrhwith be physically amended to make su insertion or correction. 13. 14. 15. 16. 17. 18. .... .... .... .... CAW5 lWLES\HLH9204.ST REV. 13,ilf a * 24 Additional Provkions. ?dly additional provisions of this agreement are set fonh in the "General Pro\isior,s ' or Special Provisions" attached hereto and made a part hereof. 19. * NOTARIAL ACKNOWLEDGEMENT OF Contracrcr EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) Pnnr Name of Signatory Signature of Signatory APPROVED TO AS TO FORLI: Print Name of Signatory RONALD R. BALL Acting City Attorney By: Signarure of Signatory * Title Deputy City Atrorney CITY OF CARLSBAD, CALtFORNtA Mayor ATTEST: City Clerk REV. 12'1: C:\WPS lWLESVILH92003.ST e e 2 LABOR AND MATEMS BOND WHEREAS, the City Council of the city of Carlsbad, Stare of California, by Resolution N (heremafrer designated as the Pnncipai ’), Contract for 1991 -92 Curb, Gutter and Sidewalk Replacement Program, Contract No. U/ 92-9 in the Ciry of Carlsbad, in strict conformity wirh the drawings and specifkarions, ar other Contract Documents now on file in the Office of [he City Clerk of the City Carlsbad and all of which are incorporared herein by this reference. WHEREAS, Principal has execuLe0 or is abcut to execute said Conrract and the [err thereof require the furnishing of a bond, prxiding that if Principal or any of the subcontractors shall fail ro pay for any materials, provisions, prc mder or other suppli or teams used in, upon or abour rhe ?erformance of the svork agrzzci to be done, or for a1 work or labor done thereon of any Ad, the Surery on this bond will pay the same io rl extent hereinafrer set forth. NOW, THEREFORE, WE, , Principal, (hereinafrer designated as the Contractor ’), and as Surety, are held firmly bound unto the City of Carlsbad in the sum Dollars (S >, said sum being fifty percent (50%) of the esrimar amount payable by the City of Carlsbad under the terms of the Conrract, for whi payment well and truly to be made we bind ourselves, our heirs, executors ai administrators, successors. or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/h subcontractors fail to pay for any materials, provisions, provender, supplies, or teams us in, upon, for, or about the performance of the work contracted to be done, or for any 0th work or labor thereon of any kind, or for amounts due under the Unemployment Insuran Code with respect to such work or labor, or for any amounts required to be deducte withheld, and paid over to the Employment Development Department from the wages employees of the contractor and subcontractors pursuant to Section 13020 of tl Unemployment Insurance Code wirh respecr to such work and labor that the Surety w pay for the same, not to exceed the sum specified in the bond, and, also, in case suit brought upon the bond, costs and reasonable expenses and fees, including reasonat attorney’s fees, to be fixed by the court, as required by the provisions of Section 3248 the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporatio entitled to file claims under Title AS of Parr 4 of Division 3 of the Civil Code (comencil with Section 3082). In the event that Contractor is an individual, it is agreed that the death of any su Contractor shall not exonerate the Surety from its obligations under this bond. k , adopted , has awarded to C:\WPS lWLESWLH92004.ST REV. 12,151 * I * 2 Executed by CONTRACTOR this Executed by SUMn this day of day of 7 19-. 3 19-. CONTRACTOR: SURETY: (Name of Conrracror) By: By: (Name of Surety) (sign here) Signature of Attorney-in-Fact (print name here) Pnnced name of Xrtorney-in-Facr (attach corporate resolution showir current power of attorney) (title and organization of signaton.) By: (sign here) (print name here) (title and organization of signatory) (Proper notanal acknowledge of execution by CONTRACTOR and SURETY must be arrached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If oniy o officer signs, the corporation must anach a :eso!xr:on cerrified by the secretary or assistant secretary und corporate seal empowenng that officer to bmd :ne cor7oration.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: KAREN J. HIRATA Deputy City Attorney C:\WPS lWLESWLH92004.ST REV. 12/18, e 0 27 PERFORMANCE BOND WHEREAS, the Ciry Cocncil of the City of Carlsbad, State of California, by Resolution No, , (hereinafter designated as the "Pnncipal"), a Contract f01 1991-92 Curb, Gutter and Sideibpalk Replacement Program, Contract No. U/hl 92-9, in the City of Carlsbad, in stricr conformiry wirh [he contract, the drawings and specificarions, anc other Contracr Documenrs notv on file in rhe Office of the City Clerk of the ciry 0 Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and [he term thereof require the furnishing of a bor,d for the faithful performance of said Contract; NOW, THEREFORE, WE, , as Principa ,i Surety, are held and firmly bound unro the City of Carlsbad, in rhe sum of ), said sum beir equal to one hundred percen! (100%) of the esrimared amount of the Conrracr, ro be pa to City or its certain arrorney, irs successors and assigns; for which payment, well and CN to be made, we bind ourselves, our heirs, execurors and administrarors, successors 1 assigns, jointly and severally, firmly by rhese presents. THE CONDITION OF THIS OBLIGATION IS SUCH char if rhe above bounden Conrractc their heirs, execurors, adrninisrrators, successors or assigns, shall in all rhings srand to a! abide by, and well and truly keep and perform rhe covenanrs, conditions, and agreemer in the Contract and any alterarion [hereof made as therein provided on their parr, ro kept and performed at the time and in the manner therein specified, and in all respec according to their true intent and meaning, and shall indemnify and save harmless the C of Carlsbad, its officers, employees and agents, as [herein stipulated, then this obligati shall become null and void; otherwise ir shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specif therefor, there shall be included cosrs and reasonable expenses and fees, includ reasonable attorney's fees, incurred by rhe City in successfully enforcing such obligati all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, exrension of time, alteration or addition ro rem of the Contract, or ro the work ro be performed thereunder or the specificati accompanying the same shall affect its obligations on this bond, and it does hereby WI notice of any change, extension of time, alterations or addition to the terms of Contract, or to the work or ro the specifications. , adopted , has awarded ro (hereinafter designared as the "Contractor '>, and Dollars (S . -'***.?*!-l l?C\UT uasn&l qq- REV. 127 e 0 2 In the event that Contractor is an indkidual, it is agreed that the death of any suc Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ExecuIed by SURETY ths day of day of > 19-. 7 19 -. CONTRACT0 R: SURETY: (Name of Contracror) (Name of Surety) By: By: (sign here) Signature of Attorney-in-Fact (print name here) Printed name of Attorney-in-Fact (attach corporate resolution showi (title and organizarion of signatory) * current power of attorney) By: a (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledge of executlon by COSTKACTOR and SURETY musr be anached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation musr anach a resolution cerrified by the secretary or assistant secretary ur corporate seal empowering rhac officer to bind rhe corporanon.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: KAREN J. HIRATA Deputy City Attorney CAW5 lFILESWLH92004.ST REV. 1211 t 0 * 29 0 PTIO N AL ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and enrered into by and benveen the Ciry of Carlsbad whose address is 1200 Carkbad Village Drive, Carlsbad, California, 92008, hereinaftel 1vho s € called "City" and address is hereinafter called "Conrracror ' and Lvhose address is heremarrer calied "Escrow Agent ." For the consideration hereixfrer set for:?., rf?e Ciry, Conrracror and Escrow Agent agrec as follows: Pursuant to Section 22300 of the Public Contract Code, Contractor has the optio to deposit securiries wirh Escrow Agem as a substitute for rerenrion earning required to be withheld by Ciry pursuant to the public works contract entere into between the Ciry and Conrracror for in th amount of dated (hereinafter referred ro as the Contract '). A copy of said contract is attached i Exhibit "A". When Contracror deposits the securities as a substitute for Conrrac earnings, the Escrow Ageneshall notify the Ciry within ten (10) days of th deposit. The market value ot' the securities at the time of the substirution sha be at least equal to [he cash amount rhen required to be withheld as retentia under the terms of the Conrracr benveen the City and Contractor. Securities sha be held in the name of Ciry of Carlsbad and shall designate the Contractor as ti beneficial owner. Prior to any disbursements, Escrow Agent shall verify that ti present cumulative market value of all securities substituted is at least equal 1 the cash amount of all cumulative rerenrion under the terms of the Contract. The City shall make progress payments to the Contractor for such funds whic otherwise would be withheld from progress payments pursuant to the Contra provisions, provided that [he Escrow Agent holds securities in the form ai amount specified above. Alternatively, the City may make payments directly to Escrow Agent in t amount of retention for the benefit of the City until such time as the escrc created hereunder is terminated. 1. 2. 3. C:\WPS lWLESVILH92004.ST REV. 12,'18 0 a 30 Contractor shall be responsible for paling all fees for the expenses incurred by Escrow Agent in adrninisrerirLg rhe escrow accounr. These expenses any paymenr terms shall be determined by [he Contractor and Escrow Agent. The in:erest earned on rhe securities or the money market accounrs held ir escrow and all inreresr earned on that inreresr shall be for the soie accounr o Contractor and shall be subjecr ro withdrawal by Contractor at any time and fron time to rime ivithout notice to rhe Ciry. Contractor shall have rhe rlght 10 withdraw all or any part of the principal in th Escrow Accounr only by wricrs-n norice to Escrow Agent accompanied by Lvritte authorization from Cit)’ ro :he Escrow Agent rhar Ciry consents to the withdraw: of the amount soughr ro be ivi[hdraivn by Contractor. The City shall hate a right tc draw upon rhe securities in the event of default t the Conrracror. Upon seven (7) days written notice to the Escrow Agent fro the City of the default of rhe Conrracror, rhe Escrow Agent shall immediate convert the securities to cash and shall disuibute the cash as instructed by tl City. Upon receipt of written notificanon irom the City certifying that the Conrracr has complied with all requirements and procedures applicable to [he Contra Escrow Agenr shall release ro Contractor all securities and interest on deposit 1( escrow fees and charges of the Escrow Accounr. The escrow shall be clo: immediately upon disbursement of all monies and securities on deposit a payments of fees and charges. Escrow Agent shall rely on rhe wrirten notifications from the City and ’ Contractor pursuant to Secrions 6 rhru 8 and 10, inclusive, of this agreement : the City and Contractor shall hold Escrow Agent harmless from Escrow Age release and disbursement of the securities and interest as set forth in Sectior thru 8 and 10. 4. 5. 6. 7. 8. 9. .... .... .... .... .... .... CAW5 l\RLESWLH92004.ST REV. 12.’ e 0 10. The names of the persons ivho are aurhorizec! ro give wntren notices or receive written notice on behalf of the City and on behalf of Contractor connection with rhe foregoing, and exemplars of their respective signatures a as follows: For City: Title Name Signature Add r e s s -. For Contracror: I ;[le Name Signarure Address For Escrow Agent: Title Name Signarure Address REV. tZ/ll C:\WPS lWLESVILH92004.ST - - 32 At the time the Escrow Account is opened, rhe Ciry and Contractor shall deliver ro [he Escrow Agent a fully executed counterparr of this Agreement. IN WITNESS WHEREOF, the parries have execured this Agreement by rheir proper officers on the dare first ser forrh above. For Ciry: Tirle Sarr.e Si y r. a r u re .Ad Li res s I For Conrracror: Tirle . Same Signa cure Address For Escrow Agent: Tide N mLe Signa r ure Address @ C:\WPS lFILESWILH92004ST REV. 12ilSi91 0 0 RELE.-LZ FOR11 THIS FORM SHALL BE SUBMITTED CYITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WOW PERFORLIED: The above-named Contractor hereby acknwledges payment in full for all ccmpensati of whatever nature due the Conrracrcr hr a11 labor and materials furnished and for work performed on rhe above-referenced project for the period specified above cvirh r exception of contract rerenrion arnoun[s and dispured claims specifically shown below RETENTION AhIOUNT FOR THIS PERIOD: S DISPUTED CLXI>IS DESCRIPTION OF CWIM AMOUNT CLA[!k?ED The Contractor furrher expressly ivaives and releases any cIaim the Contractor may ha1 of whatever type or nature, for the period specified which is not shown as a rerenti amount of a disputed claim on chis form. This release and waiver has been ma voluntarily by Contractor without any fraud, duress or cndue influence by any person entity. ContractcECufher mzifies, warrants, and represents that all bills for labor, materials, a work du .r)contracton for the specified period have been paid in full and that the parti signing 1-1 on bchalf of Contractor have express authority to execute this release. DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnershp, Corporation, etc.) BY: - Title: - By: Title: C:\WPS lFILESWLH92004ST REV. 121181 0 0 3. SPECIAL PROVISIONS 1. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCIION 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicared," "de:ai!ed," "noted," "scheduled," or words cf simik import are used, it shall be understood rhar reference is made to the plans accompanyin these provisions, unless srared orhenvise. B. Directions: Where words "directed," "designated," "se!ected," or words of similar import are used, shall be understood that the direcrion, designarion or selection of the Criliries an Maintenance Director or his approved represenrative is intended, unless stated otherwise The word "required" and words of similar import shall be understood to mean "as require to properly complete the work as required and as approved by the Utilities an Maintenance Director or his approved representative," unless stated orhenvise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar irnpoi are used, it shall be understood such words are followed by the expression "in the opinio of the Utilities and Maintenance Director or his approved representative," unless orhemi: stated. Where the words "approved," "approval," "acceptance," or words of similar irnpo, are used, it shall be understood that the approval, acceptance, or similar import of tk Utilities and Maintenance Director or his approved representative is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expens shall perform all operations, labor, tools and equipment? and further, including tl furnishing and installing of materials that. are indicated, specified or required to mean th. the Contractor, at her/his expense, shall furnish and install the work, complere in place ar ready to use, including furnishing of necessary labor, materials, tools, equipment, ar transportation. ' C:\WPS 1FILESWL H92W4. ST REV. 12/18/ 0 0 3 -5 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carisbad, California Engineer - rhe Pmjecr X!anager for :he Ciry of Carlsbad or his approved representative Utilihes and Maintenance Director - rhe UriliLles and hlainrenance Director or his appro\*[ representative 24 CONTRACT BONDS Delete the third sexence of rhe firsr paragraph having ro do tvirh 2 ,rev being listed the latest revision of U.S. Departmenr of Treasury Circular 570. Modify Paragraph 3 as follotvs: Contractor shall provide rtvo good and sufficient surety bonds. The "Palment BOI (Material and Labor Bond) shall be for cor less rhan 50 percent of the contract price satisfy claims of material suppliers and of mechanics and laborers employed by conrrac on the project. Add: The Payment Bond and rhe Performance Bond shall be kept in full force and effect by Contractor during the course bf rhis project. Both bond: shall extend in full force i effect and be retained by the City for a period of one (1 year from the dare of for acceptance of the project by the City. Add the following: All bonds are to be placed with insurers rhar have a rating in Best's Key Rating Guid at least A-:V and are authorized to cor.-tuct business in the state of California and are li in the official publication of the Depc. :men[ of lnsurance of the State of California. 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work include the Standard Specifications for Public W Consrmction, (SSPWC), 1991 Edition, and rhe latest supplement, hereinafter desigr "SSPWC", as issued by the Southern California Chapter of the American Public n Association, and as amended by the Special Provisions section of this contract. C:\WPS lWLESWLH92004.ST REV. 12 0 0 3( The Construction Plans consist of a location listing and maps delineating the work area which are further detailed herein. The standard draivings utilized for this project are th, latest edition of the San Diego Area Reqional Srandard Drawines, hereinafter designare( SDRS, as issued by the San Diego County Department of Public Works, together with th City of Carlsbad Supplemental Standard Drawings. [n cases of conflict: berween th SSPWC, the SDRS and the City of Carlsbad Supplernencal Standard Drawings, the City c Carlsbad Supplemental Standard Drawkgs shall prevail unless othentke specified by th Utilities and Maintenance Direcror. To Section 2-5.3, Shop Draivings, add: Where installation of work is required in accordance with the .product manuiacrurer direction, the Contractor shall obtain ~ 2nd disrribure the necessary copies of SUC instruction, including two (2) copies to the Utilities and Maintenance Director up0 completion of work and prior to rhe filing of the Notice of Completion. To Section 2-5, .add: 2-5.4 Record Drawinos: The Contractor shall protrid?. ar?d keep up-to-dace a complete "as-built" record set ( transparent sepias, which shall be corrected daily and show every change from the origin drawings and specificacions and the exacr "as-built'' locations, sizes and kinds of equipmen underground piping, valves, and all other work not visible at surface grade. Prints for th purpose may be obtained from the City at cost. This ser of drawings shall be kept on tk job and shall be used only as a record set: and shall be delivered to the Utilities ar Maintenance Director or his approved representarive upon completion of the work. 3-5 DISPUTED WORK To Section 3-5, Disputed Work, add: All claims by the contractor for S375,OOO or less shall be resolved in accordance with tl procedures in the Public Contract Code, Di\;ision 2, Part 3, Chapter 1, Arricle 1 (commencing with Section 20104) which is set forth below: ARTICLE 1.5. RESOLUTION OF CONSTRUCTIGN CLAIMS 5 20104. Application of article; inclusion of article in plans and secaaons (a) (1) This article-applies to all public works claims of three hundred sevenry-fi thousand dollars ($375,000) or less which arise benveen a contractor and a local agenc 1. REV. 12/18 C:\WPS 1\FILES\HLH92004.ST e a 37 (2) This article shall not apply 10 any c!aims resulring from a conrracr beru.een a contractor and a public agency hen [he public agency has elected to resolve any &pure5 pursuant to Article 7.1 (commencing Lvirh Section 10240) of Cha?ter 1 of Part 2. (b) (1) "Public work" has the same rneming as in Sections 3100 and 3106 of the Ci\< Code, except that "public work' does nor irxlude any work or improvement conrracted fo by the state or rne Regents of rhe L'niversiry of California. (2) "Claim" means a separare demand by the contractor for (A) a time extension, (B payment of money or damages arising from LL-ork done by or on behalf of rhe conrrac:o pursuant to the conrracx fcr a public i:.ork and paymenr of which is not orhenvise express! provided for or the claimant is no: orb.eni.ise enti::ed to, or (C) an amounr the p3.>?r,e: of which is disputed by the local agenc:;. (c) The provisions of rhis article or a summrtry thereof shall be set forth in rhe plans c specifications for any work ~vhich may sire rise ro a claim under this arricle. (d) This article applies only ro conrracrs enrered into on or after January 1, 1991. 9 20104.2. Claims; requirements For any claim subject to rhis article, rne following requirements apply: (a) The claim shall be in cvriring and include the documents necessary to subsrantiare 11 claim. Claims must be filed on or before rhe dare of final payment. Nothing in tl- subdivision is intended ro extend rhe rime !mi[ or supersede notice requirements orherwi pro?ried by contract for rhe filing of' claims. (e, ,I) For cIaims of less than fifry rhousand dollars ($50,000), the local agency sh respond in writing to any written claim Lvirhin 45 days of receipt of the claim, or rn request, in writing, within 30 days of receipt of the claim, any additional documentati supporting the claim or reIating to defenses or claims rhe local agency may have agair rhe claimant. (2) tf additional information is rhereafrer required, it shall be requested and provic pursuant to this subdivision, upon mutual agreement of the local agency and the claima (3) The local agency's written response to the claim, as further documented, shall submitted to the claimant within 15 days after receipt of the further documentation within a period of time no greater than that taken by the claimant in producing additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to tl- hundred seventy-five thousand dollars ($375,000), the local agency shall respond writing to all written claims within 60 days of receipt of the claim, or may request C:\WPS lWLESVILH92004.ST REV. 12/11 e 0 38 writing, within 30 days of receipt of [he ciairn, any additional documentation supponing the claim or relating to defenses of claims rhe !oca1 agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon rnurual agreement of the local agency and the claimant. (3) The local agenc).'s nrritren response to the claim, as further documented, shall be submitted to the c!aimant within 30 days after receipt of :he furrher documenration, 01 within a period of time no ,orea:er than that taken by the claimant in produci7,g tht additional information or reqcesred docurnenration, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency faiI to respond within the time prescribed, the cIairnant may so notify the local agency, ii writing, either within 15 days of receipt of rhe local agency's response or withm 15 day of the local agencfs failure LO resp0r.d isithin the rime prescribed, respectively, an1 demand an informal conference io meei and confer for settlement of the issues in dispurc Upon a demand, the local agency shall schedule a meet and confer conference within 3 days for settlement of the dispute. (e) tf folIowing the meet and confer conference the claim or any portion remains dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Secric 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 the Government Code. For purposes of those provisions, [he running of the penod of tir within which a claim must be filed shall be roiled from the rime the claimant submits 1 or her written claim pursuant to subditfsion (a) until the rime the claim is denie including any period of rime utilized by [he meet and confer conference. 5 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subj to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or respons pleadings, the court shall submit the matter to nonbinding mediation unless waived mutual stipulation of both parries. The mediation process shall provide for the selecr within 15 days by both parties of a disinterested third person as mediator, shall commenced within 30 days of the submittal, and shall be concluded within 15 days fI the commencemenr.of rhe mediation unless a time requirement is extended upon a g( cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitral pursuant to Chapter 2.5 (commencing with Section 2141.10) of Title 3 of Part 3 of Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The ( Discovery Act of 2986 (Article 3 (commencing wirh Section 2016) of Chapter 3 of Til of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under subdivision consistent with the rules pertaining ro judicial arbitration. REV. 12, - ----*.,.. P-W 0 0 (2) In addition to Chapter 2.5 (commencing Lvirh Secrion 1141.10) of Title 3 of Pan of the Code of Civil Procedure, (,4) arbitrarors shall, when possible, be experienced construction law, and (B) any parry appealing an arbitration award who does nor obta a more favorable judgment shall, in addirion to payment of costs and fees under th chapter, also pay the attorney’s fees on appeal of rhe other parry. 3 20104.6. arbitration award or judgment Payment by local agexy of undisputed portion of claim; interest on (a) No local agency shall fail ro py 5or.ey as ro any portion of a claim it.hich undisputed excepr as orhenvise provided in rhe conrracr. (b) In any suit fiisd under Secrior. 20104.4, [he local agency shall pay interest at rhe le: rate on any arbitration award or judgment. The interest shall begin to accrue on [he d; the suit is filed in a court cf laiv. Q 20104.8. Duration of article; application of article to contracts between Jan. 1, 19 and Jan. 1, 1994 (a) This article shall remain in efecr only until January 1, 1994, and as of [hat date repealed, unless a later enacted srarure, Lvhich is enacted before January 1, 1994, dele or extends that dare. (b) As stated in subdivision (c) of Secrion 20104, any contract entered into benve January 1, 1991, and January 1, 1994, ivhich is subject to this article shall incorporate t article. To that end, these contracts shd! be subject ro this article even if this article repealed pursuant to subdivision (a). 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requiremenrs, General, add: All work shall be under the observation of the UtiIities and Maintenance Director or appointed representative. The Utiliries and Maintenance Director shall have free access any or all parts of work at any time. Contractor shall furnish Utilities and Maintenar Director with such information as may be necessary to keep her/him fully inforn regarding progress and manner of work and character of marerials. Inspection of w( shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cast of test materials and/or workmanship where the results of such tests meet or exceed requirements indicated in the Standard Specifications and the Special Provisions. The c of all other tests shall be borne by the Contractors. C:\WPS lFILESWLH92004ST REV. 12lE 0 0 40 At the option of the Utilities and 3Iair.ter.ance Director, rhe Source of supply of each of he materials shall be approved by him befcre rhe delivery is starred. All materials proposed for use may be inspected or tested ar any time during their preparation and use. If, aftel trial, it is found that sources of supply v.kich have been approved do not furnish a unifom product, or if the product from any source proves unacceptable at any rime, rhe Conrractoi shaII furnish approved mrerial from orher approved sources. Mer improper srorage handling or any orher reason shail be rejected. All backfill and subgrade shall be comp=ic:ed in accordance wirh rhe notes on [he plans ani the SSPWC. Compaction tests may be made by the Ciry and all costs for tests [hat met or exceed rhe requiremenrs of rhe specificarions shall be borne by the Ciry. Said tesrs may be made ar any place a!ong [he ivork as deemed necessary by [he Utilitit and Mainrenance Direcrcr or his approved representative. The costs of any retests ma6 necessary by noncompliance ii,irh rk.e specir'icarions shall be borne by the Conmxtor. Add the following section: 4-1.7 Nonconformine CVork The contractor shall remove and replace any work not conforming to the plans specifications upon written order by the L'rilities and Mainrenance Director or his approv representative. Any cost caused by reason of rhis nonconforming work shall be borne the Contractor. * 5-1 LOCATION Add the following: The City of Carlsbad and affecred utility companies have, by a search of known recor endeavored to locate and indicare on rhe Plans, all utilities which exist within the lin of the work. However, the accuracy ot' completeness of the utilities indicated on the Pli is not guaranteed. 54 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including ser connection, desired by the Contractor for his/her own convenience shall be the Contrac own responsibility, and he/she shall make ail arrangements regarding such work at no to the City. If delays occur due to utiliries relocations which were not shown on the P1 it will be solely the City's option to extend the completion dare. C:\WPS lFILESWLH92004ST REV. 12 0 0 4 In order to minimize delays to the Cmracror caused by the failure of other FarTies 1 relocate utilities which interfere with the consrrt?ccion, the Contracror, upon request ro rk City, may be permitted to remporanly crnir rhe porrion of work affected by the utility. TY portion thus omitted shall be constructed by rhe Contractor immediately following tk relocation of the utility involved uniess orhenvise directed by the City. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is ro be submir:ed by rhe Corxracror per rhe following: 1. The prime contractor is required to prepare in advance and submit at rhe rirr,e or' rhe project preconstruction meeting a derailed crirical parh rnr:?,sd (CPXI) projecr schedule. This schedule is subjec: to the re\islv and approval of the City. No char-ges shall be made ro rhe consrruction schedule without the prior cvnr;en approval of the Utilities and Maintenance Director. 2. The scheduli shall shoiv a complete sequence of construction acriviries, idenrifying work for the complete project in acclition ro lvork requiring separate stages, as well as any other logically grouped acriviries. The schedule shall indicate rhe early and lare srarr, early and late finish, 50°/o and 90% complerion. ;trd any other major constmction milestones, marerials and equipment manufacture and delivery, logic ties, tloar dates, and duration. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with ' rhe original schedule. The prime contractor shall submit revised projecr schedules with each and every applicarion for monthly progress payment identifying changes since the previous version of the schedule. 3. 4. The schedule shall indicate estimated percentage of completion for each item of work ar each and every submission. C:\WPS lWLESWLH92004.ST REV. 12,'151 0 0 4: 5. The failure of the prime conrracror ro submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, 10 wirhhold up to 109% of the monthly progress payment ochenvise due and payable to the contractor until the schedule has been submitted by [he prime cor,tractor ar.d approved by City as to completeness and confornance wrh [he aforementioned provisions. No changes shall be made to the construcr:on schedule without the prior written approv( of the Utilities and hlainrenance Direcxr. Any progress payments made after the schedule completion dare shall ncr corisriture 3 ivait-e: of this paragraph or any damages. Coordination with the respecrive uriliry'a-npany for removal or relocation of corillictir, utilities shall be requiremenrs prior :o scmmer,cement of work by the Contracror. 6-7 TIME OF COMPLETtON The Contractor shall begin iyork \virhin five (5) calendar days after receipt of the "Notic to Proceed" and shall diligently prosecure the work to completion within forry-five (4! working days after the dare of the Norice to Proceed. To Section 6-7.2, tVorking Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. ar sunset, from Mondays through Fridays. The contractor shall obtain the approval of tl Utilities and Maintenance Director or his approved representative if he/she desires to wo outside the hours state herein. Contractor may work during Sarurdays ;i.r?d holidays only with the written permission the Utilities and Maintenance Director or his approved representative. This writti permission must be obtained at least 48 hours prior to such work. The Contractor sh pay the inspection costs of such work. 6BE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completic and any faulty work or materials discovered duiing the guarantee period shall be repair or replaced by the Contractor, at his expense. C:\WPS lFILES\H LH92003.ST REV. 12/18 0 0 4’ 6-9 LIOUIDATED DAMAGES Modify this section as followrs: If the completion date is nor mer, the cGnt:ac:3r will be assessed the sum of S250.00 PE day for each day beyond rhe complerion dare as liquidated damages for the delay-. lin progress palments made afrer rhe specified conplerton dare shall nor constirure a waive of this paragraph cr of any dan?ages. 7-3 LIABILITY INSURANCE Add the following: All insurance is to be placed iuith insurers that have a raring in Best’s Key Rating Guide ( at least A-:V and are authorized ro conduct business in the state of California and are liste in the official publication of rhe Deparrrr.ent of Insurance of the State of Califamia. 74 WORKERS’ COMPENSATION INSURWCE Add the following: All insurance is to be placed wi[h insurers rhar are authorized to conducr business in tl state of California and are listed in the official publication of the Department of tnsuranc of the State of California. Policies issued by rhe State Compensation Fund meet tk requirement for workers’ compensation insurance. 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-wa grading, and building permits necessary ro perform work for this contract on City propert in streets, highways (except State highway right-of-way), railways or other rights-of-wa Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. C:\WPS l\RLES\HLH92004.ST REV. 121’18 @ a 44 7-8 PROJECT AND SITE MANAGEMENT TO Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust conrrol shall be execured even on iveekends and other non-working days at the City's request. Add the following to Secrion 7-8: 7-8.8 Noise Control All internal combustion engines csed in rhe construc[ion shall be equipped bvith muffler in good repair when in use on rhe projecr wirh special artenrion to City Noise Conrrc Ordinance No. 3109, Carlsbad Llunicipal Code, Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SMETY Add the following to Secrion 740.4, Public Safety: 7-10.4.4 Safetv and Protection of Workers and Public The Contractor shall rake all necessary precaurions for the safety of employees on the wo: and shall comply with all applicable provisions of Federal, State and Municipal safety la1 and building codes to prevent accidents or injury to persons on, about, or adjacent to r: premises where the work is being performed. He/she shall erect and properly maintain all time, as required by the coP&dirions and progress of the work, all necessary safeguar for the protection of workers and public, and shall use danger signs warning agair hazards created by such features of consrrucrion as protruding nails, hoisrs, well holes, a falling materials. 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this uvork include Chapter 11.06. Excavation 2 Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel bt for use in the proposed construction project which would be subject ro Section 1601 Section 1603 of the Fish and Game Code, such condirions or modifications establis pursuant to Section 1601 of the Fish and Game Code shall become conditions of contract. 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. , r.\ ~~ W?5 1 \, 'V-ZS\ Y !_d92W1?. ST REV. 121 0 0 4 9-3 PAYMENT Modi@ Section 9-3.2, Partial and Find PaJmenr, as follows: Delete rhe second sentence of the rhird paragraph having ro do with reductions in 3,mour of retention. 10 SURWNG Contractor shall employ a licensed !and sun'eyor or registered citil engineer r3 FSrfor necessary suneying for rhis project. Requirernexs of rhe Contractor pertaining io rim ire are set forth in Section 2-9.5 of the SSPCt'C. Contracccr shall include cost of sun.eGr service within appropriare trems of proposal. No sepzrare payment ivill be made. Survey stakes shall be set and sr;l,rior,ed b>~ rhe Contractor's surveyor for curbs at 5( intervals (25' intervals for cunres), curb rerurns at BCR, 1/4, 1/2, 3/4, and ECR, header sewers, storm drains, and srructures (4 corners min.). Rough grade as required to satisf cut of fill to finished grade (or flon*line) as indicated on a grade sheer. Contractor shall transfer gr. ?e hubs for construction and inspection purposes ro crown lir base grade of streets as required by L'rilities and Maintenance Direcror or his approve representative. Contractor sha!l protecr in piace or replace all obliterated survey monuments as per Sectic 8771 of the Business and Professional Code. contractor shall procide LT tiliries and hlainrenance Director or his approved representati\ with 2 copies of survey cur sheets prior ro commencing construction of surveyed item. All property line rags shall be surveyed by the Contractor prior to the start of work. P disturbs property line tags shall be replaced by contractor upon completion of the wor 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for warer utilized during the constructic under this contract. The Contractor shall contact the appropriate water agency fc requirements. The contractor shall include rhe cost of water and meter rental with: appropriate items of the proposal, No separate payment will be made. C:\WPS lWLESVILH92004ST REV. 12.18, 0 e 4t 11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION MATEWS (NOTE TO PROJECT MANAGER: These suppiemental provisions for materials and worl comprise the technical or derail spec5catior.s and must be rallored to each projecr usinj the design engineer's experience and judgrr.enr. The Standard Special Provisions by rhc Regional Standards Commtcree is a good reference.) 200-2 UNTREATED BASE MATERIAL Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag bas (Section 200-2.3), or crushed misce!!x.eocs base (Section 200-2.4). 201-1 PORTLAND CEMENT CONCRETE Concrere for drainage ditch shzll be Class 520-C-2500. hlodify Section 201-1.2.1, Porrlard Cemenr, as follows: First paragraph, first sentence amend ro read: "All cement to be used or furnished sha be low alkali and shall be either Type [ or Type I1 Portland Cernenr conforming to ASTF C 150, or Type IP (MS) Porrland Pozzslan Cemenr conforming to ASTM C 595, de2 otherwise specified. " Modify Section 201-1.2.3, Water, as I'c)lbi*;s: Second paragraph replace "1,000 pprn (.;ng/'L) of sulfates" with "1,300 (mg/L) ppm c sulfa res. " Third paragraph replace "800 ppm (mgi L) of sulfates" with "1,300 (rng/L) ppm of sulfates (b) Air-entraining Admixtures Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowec The air content of freshly mixed concrete will be derermined California Test Method Nc 504." Modify Section 201-1.3.3, Concrere Consisrency, as follows: Second paragraph delete: "and shall not exceed amounts shown in following cable:" AI: delete table. Modify Section 201 -1.4.3, Transit Mixers, as follows: C:\WPSl~LES\HLH92004.ST REV. 12i18," 0 0 4 Add after listing of information for tvei,ohmaster's cerriiicare: "Transit mixed concrete ma be certified by mix design number, provided a copy of the mix proportions are kept on fi1 at the plant location for a period ct' 4 years after [!-,e use of the mix." 201 -2 STEEL REINFORCEMENT FOR CONCRETE No changes. 203-6 and 4004 ASPHALT CONCRETE Asphalr concrere shall be class C2-Xil 4000, C3-A.9 4000, or Type TI! C3-AIR 4000. Modify Section 203-6.6.1, Barch Plant llethod, as foilocvs: Third paragraph, deIere "and from rl?e Engineer's field laborarory." Last paragraph, add afrer 9 2172: "rnerhod .?i or B." Modify Section 203-6.8, Miscellar,eous Requiremenrs, as follows: Add the following: "0pen.qZded asphalt concrete stored in excess of 2 hours, and i other asphalt concrete srorea in excess of' 18 hours, shall not be used in the work." Modify Section 400-4.1, Ger?eral, as foflo~vs: Second paragraph, amend ro read: "L'n!ess orhenvise specified, AR-4000 paving gr: asphalt shall be used for Type [I[ asphlric cancrere, and AR-8000 paving grade aspk shall be used for asphalt concreie dikes." Modify Section 400-4.2.4, Fine Aggregare, as follows: Add: "The total amount of marerial passing the No. 200 sieve shall be determined washing the material through the sieve with water. No Iess than 1/2 of the mate passing the No. 200 sieve by washing shail pass [he No. 200 sieve by dry sieving." Add the following paragraph: "Fine aggresate shall be tested for soundness in accord2 with ASTM D-1073, and shall nor exceed fifreen percent (15%) loss by weight." Modify Section 400-4.3, Combined Aggregates, as follows: First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method Calif. 21 7." . REV. 121 C:\WPS lWLES\HLH92W4ST cwss 82 SIEVE [ND[VIDUAL 1 !.!O!'ING SIZES TEST RESULT 1 AVERAGE 100 90-100 30-90 60-75 I" (25 mm> 200 3/4" (19 mm) 87-100 1/2" (13 mm) 75-95 3/8" (10 mm) 50-80 No. 4 30-60 No. 8 22-44 No. 30 8-26 No. 22 1-8 a0-55 27-40 :2-22 3-6 Asp ha1 t O/o 4.6-6.0 I 83 I I N D [VI D U AL bYIOMNG TEST RESULT ACT: RAG E 1 100 100 90-100 95- 100 85-100 85-95 60-84 65-80 40-60 45-60 24-SO 30-45 11 -29 15-25 1-9 3-7 4.6-6.0 0 e After the last paragraph, add the fo1loLving: The aggregated from each separate bin for asphalt concrete, Type 111, except for [he t containing the fine material shall have a Cleanness Value as noted in rhe added "Table Sand Equivalent and Cleanness Values" and as derermined by Test Merhod No. Calif. 2: modified as follows: Tests will be perfr,med on rhe rmrerial rerained on the Xo. 8 sieve from each bind a will not be a combined or averaged resuir. Each test specimen LviIl be prepitred by hard shaking for 30 seconds, a single loadin? the entire sample on a 12-inch Ciamerer, ?io. 4 sieve nesred on rop of a 12-inch diame No. 8 sieve. Where a coarse aggregate bir,d conrains marerial rvhich will pass [he maximum 5 specified and be rerained on a 3,'8 inch sieve, rhe resr specimen weight and volume wash water specified for one inch x No. 4 aggregate size ivill be used. Samples will be obrained from rhe Lveighr box area during or immediately afrer disch: from each bin of rhe barching planr c)r immediarely prior to mixing with aspb.alt in the 1 of continuous mixers. 1) The Cleanness Value of rhe rest sample from each of the bins will be separately compi and reported. Modify Section 400-4.4, Storing, Diyine; and Screening Aggregates, as follows: After fifth paragraph, add: "LVhen rhe Conrracror adds supplemenral fine aggregate, such suppremenrai fine aggregare used jha!l be srored separarely and kept thoroughly 204-1 LUMBER AND PLYWOOD Header for bituminous pavement shall be construction grade Redwood, or trc construction grade Douglas Fir. 204-2 TREATMENT WITH PRESERVATIVES No change. 207-2 REINFORCED CONCRETE P[PE The pipeline layout and connector pipe list required under Paragraph 3,207-2.1, is wi 210-1 PAINT Paint for striping shall be white. REV. 1 C:\W P 5 1 WLES\H L H92W3. ST 0 0 b 50 HI. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION METHODS 301-2 UNTREATED BASE No change. 302-5 ASPHALT CONCRETE PAVEMENT A prime coat is nor rec,uired fcr r!-.is ca~.x-ac:. .A seal coat is required and shdl codom the Section 302-5.9 of rhese suppiemenral Trovisions. Modify Section 302-5.1, Gmerr-ii. x foil01.:~: Paragraph 1, replace "Section 203-6" i.*:i:h "Section 400-4." Last paragraph, add: "All resring of underground installations at any given point shall bc completed before the surfacing is placed at rhar point." Modify Section 302-5.2, Prime Coar, ;IS folloivs: After "grade Sc-250" add "or ?IIC 70." Modify Section 302.5.5.2, Der,siry nr.d Srr.scrhr,ess, as follows: First paragraph, change 1/8 inch (3rnm) io 1/4 inch (6mm). Modify Section 302-5.5.1, Rolling General, as follows: Second paragraph, Part (2), add: 'Vibratory rollers shall be limited ro breakdoivn, unless orherwise directed by the Utilitie and Maintenance Director or his approved representative.: After last paragraph, add: "Unless directed by otherwise the Utilities and Maintenanc Director or his approved representative, the initial breakdown rolling shail be followed b a pneumatic-tired roller as described in this Section." To Section 302-5.8, Measurement and Payment, add: Cost of labor and. materials for the seal coat shall be included in the unit price bid fc asphalt concrete. REV. 12/18;' P.\lI/DCt\CTl LC\UT Ll<)%U)d CT 0 4B a - Add the following: 302-5.9, Seal Coat Nu1 asphalt concrete surfaces shall be seal-coated unless orherwise specified. The seal cc shall consist of a coar of asphalric emdsion and a cover coat of sand. The asphal emulsion shall be mixir.g ::;?e conforming to Secrion 203-3, "Emulsion Asphalt." Sand sh be clean and dy. Immediately before applying aspnairic err.uision, the surface ro be seal-coared shall thoroughly cleaned ci all dirt and loose marerial. Asphairic emulsion shall not be appi when the street is overly \vel or Lvhen :he armospneric remperarure is below 50. degr Fahrenheit. The asphaltic emulsion shall be applied by use of a power spraying device that unifor applies the emulsion ro :he surfacing ar a rare of 0.1 to 0.15 gallon per square yard. ' distributor spray bar shall be quipped .i:irh asphalric emulsion-rype spray jets. Cu gucters, and other adjoining improverrmrs shall be carefully protected from rhe ernuls and any such improvements spat:eriid or couched wirh emulsion shall be carefuily clea, Immediately after the application of aspnilric emulsion, a cover coat of sand shal spread at the rare of 6 to 12 pounds per square yard. M-ter the sand has been spread, piles, ridges, or uneven disrriburion shall be broomed to maintain an even layer ove: surface. Five days afrer the seal coat has been applied, the surface shall again be broc and any excess sand shall be picked up and removed from the job. The Utilities Maintenance Director or his approved represenrarive may authorize the sand I' broomed, picked up and removed from rhe job at'rer 2 or more days. 303-2 AIR-PLACE CONCRETE No changes. C:\WPS lFILES\H LH92(M4.ST REV. 52 0 e 306-1 OPEN TRENCH OPERATIONS 18" RCP shall have a minimum cow 01 one (1) roo[ below finished grade. Bedding may be aggregate base per these speclficarions. Compaction shall be a minimum cf 90% density and backfill shall be mechanically compacted. 310-5 PAINTING VARIOUS SURFrlCES Modify Section 310-5.6.10, Pc?ir,r!ny Trdffic Striping, Pavement Markings and Curb Markings, as follows: Payment for all pavemenr m.arking shall be a lump sum as proposed in the bid documents. REV. 12,'18/9 C:\WPS 1 FI L ES\H LH92M-M. ST e e N. GENERAL PROVISIONS FOR 1991-92 CURB, GUTTE3 AND S[i)EIVL4LK REPLACEMENT PROGRA>I 1. STANDARD SPECIFtChTIOXS Standard specifications incorporated in [he requirements of the specifications reference shall be rhose of rhe laresr edirion at rhe rime of recehing bids. It shal understood that rhe manufacrurers or producers of marerials so required eirher h such specificarions available Fsr reference or are fully familiar ivirh their reqci:emt a5 perraining to rneir produc: or rarerial. 2. SLTBSTITUTION OF h?XTER!.ALS The Proposal of rhe Bidder sha!i be in strict confomiry with the drawings specificarions and based upon the irems indicared or specified. The Conrractor 1 offer a substitution for my marsrial, appararus, equipment or process indicarec specified by patent or proprietary names or by names of manufacturer which Contractor considers equal in evety respecr to those indicated or specified. The o made in writing, shall include proof of the Srate Fire Marshal's approval (if requir all necessary information, specificarions and data. [f required, the Contractor, al Contracror's own expense, shall have the proposed substitute, material, appara equipment or process tested as to its. qualiry and strength, it physical, chemica other characteristics, and its durabiliry, finish, or efficiency, by a resting labora as selected by the City. If rhe subsrirute offered is not deemed to be equal to thz indicated or specified, [hen the Conrracror shall furnish, erect, or install the mate appararus, equipment or process indicared or specified. Such substitution of propc shall be made prior to beginning of consrrucrion, if possible, but in no case less : ten (10) days prior to actual installation. 3. PERMITS A Right-of-way Permit will be required ro be obtained by the Contractor as SO( the Contractor is notified of selection as the Contractor for the project. Cornpens; for the pennit shall be included within the contract costs and no additi compensation will be made. When aoDlvin3 for the permit, traffic control ulan the areas of work are required, in addition to other requirements. Traffic CO: plans shall conform to the latest edirion of the State of California, Departme] Transponation Traffic Manuali Manual of Traffic Control for Construction Maintenance Work Zones. Submittal of traffic control plans to rhe Traffic Eng a minimum of two (2) week prior to the preconsrruction meeting is necessa allow proper' time for review, corrections, resubmissions and final approval d the preconstruction meeting. REV. t C:\WPS 1 WL ES\H L H92001. ST . e e 54 4. OUANTITIES IN THE SCFE3LLE A. The quantities given in :bLe 3rODOS21 LL by the Ciry for unir pnce irems, are for comparing bids and may t-av from [he acrual final quantities, Some quaniiries may be increased and orhers may be decreased or entirely eliminated. No claim shall be made against rhe C-ky for damage occasioned rhereby or for loss of anticipated profirs, the Ccnrraccor being enrirled only to compensation for rhe actual i\,ork done aft the unir prices bid. The Ciry reser,.es and sh~ili h:i1:e :he righr, I-vhen confronted wirh unpredicred condirions, unforeseen 2'v.enrj. or er.ergencies, ro increase or decrease the quanriries of ii.ork :a be pc'c:-med mder a bid unit price irem or to enrireiy emir the performance [hereof, and Lipon [he decision of [he Ciry ro do so, rhe Criliries and Maicrenance Director l.Lrill direct the Conrractor to proceed with rhe said work as so modified. If an ir.crease in rhe quantity of work so ordered should result in a de!ay co rhe i:c.rk, [he Conrracror will be given an equivalent extension of time. ri Ch?.nge Order musr be issued prior ro any change in work in accordance ivirh rhe Conrracr, irem 8. Before ordering any mareriais or doing any work, the Conrractor shall verify all measuremenrs, dimensions, elevarions, and quantiries. No extra charge 01 compensarions over and abo(:c pi!yr.ent for rhe actual quantities of the various items of work will be aIiowed because of difference between actual measuremenrs, dimensions, e!evarior,s, and quantities and those indicared in rhe specificarions; or if cercain irems or' work have not been included in the Bid Proposal. Any difference [herein shall be submitted to rhe Utilities and Maintenance Director for ccnsidererion before proceeding with [he work. B. 5. UTILITIES A. Utilities for the purpose ot rhcse specificarions shall be considered as including but not limited to pipe lines, conduirs, rransmission lines, and appurtenances oj "Public Utilities" (as defined in rhe Public Utilities Act of the State of California: or individually solely for rheir own use or for rhe use of their tenants, and stom drains, sanitary sewers, and srreei lighring. It shall be rhe responsibility of tht Contractor to determine rhe exacr location and elevation of all utilities and thei! sewice connections. The Conrracror shall make own investigation as to tht locations, type, kind of marerial, age and condition of existing utilities and theii appurtenances and seivice connections which may be affected by this Contrac work, and in addition the Conrracror shall notify the City as to any utility appurrenances, and service connecrions located which have been inconectl! . shown on or omitted from any plans used in the location of said utilities. - C:\WS 1 FILES\H L H92oW.ST REV. 611719 w w 55 The Contractor shall notify rb.e ott.'r.ct-s of all urihries at leasr 48 hours in advance of excavating around any 01 r~e srrucrures. At rhe completion of rhe Conrracr work, the Conrracror shail 1tiat.e 3il urilities and appurtenances in a condition satisfactory to rhe owners and 10 rhe City. [n rhe event of damage ro any utility, the Contractor shall norif)' the ot1:ners of rhe uriliry immediately. tr is rhe responsibiliry of rhe Conrncrcr ro compensare for uriliry damages. C. The temporary or permanenr relccarion or alrerarion of utiliries, including senice connections, desired by rhe Conrracror for oivn convenience shall be rhe Contracror's oivn responsibiiiry, 'nnd shalI make all arrangements regarding such work at no cosr ro rkLe Ciry. ri de1a.c.s occur due ro uriliry relocations ivhich ivere not shott-n on rhe P!~ins? ir 1.?.:I!l be solely rhe Ciry's oprion ro exrend [he completion dare. D. All cosrs involved in locaring, prorecring and supporting of all utiliry lines shall be included in rb.e price bid f'c;r \::i;-icus rimes of ivork and no addirional pabment will be made. The Conrracror shall norify i'nderground Ser,.ice Alert far enough in advance of the work to a'llotv marking of rhe uriliry locations at the various sites. Contractor shall comply ivirh all applicable l:~\vs in regard to excavarion near underground utilities. G. 11 shall be rhe responsibiliry of rhe Conrractor ro prorect all existing utilities. B. .. F. 6. TRAFFIC CONTROL DEVICES A. The Conrracror shall provide and insrall all traffic control devices required by the Traffic Control Plan including "No Parking - Tow Away Zone" construction signs. Signs shall be placed in accordance wirh rhe provisions of the Traffic Control Plan and shall be posred at inrenials of nor rnore than 100 feet on both sides of the block affected by the work. Tow-away of vehicles in violarion of rhe "No Parking" signs will be handled by the Carisbad Police Dep~trrmenr. The Ciry assumes no liabiliry in connecrion with movement of vehicles by rhe Conrracror. C. All temporary signing shall be removed as soon as the work areas are complete and are accepted by the Urilities and Maintenance Director. B. 7. PROPERTY OWNER NOTIF[CAT[ON A. Norwichstanding any other or concurrent notification by. the City of the work operations, the Contractor will notiQ residences and businesses of work utilizing a notification method approved by rhe Utilities and Maintenance Director. 8 C:\~SlWLESLHLH92W-t.ST REV. 6/ 17/92 ~~ -~~ ~ 56 Notices shall be left on or 21 rhe fnnt door of each dwelling or commercial u~[ abutting the work areas. This shall be Cone rwo (2) days prior to placement of "No Parking' signs. The Conrracror shall be required to insert dares ami estimated times of work. If the ixrork is delayed or rescheduled for any reason after placement of "No Parking ' signs or disrriburion of notification letters, the Contractor shall re-date rhe signs atfected and redistribute notification letters. Pa>-rr,ent for rhe placemenr of :he "No Parking' signs and notices shall be considered included in :he bid price paid for the work and no addirional payment will be made therefor. 0 0 B. C. C:\WPS l\FILES\HLH92004.ST REV 6/17/5 e 0 5 V. SPEC[FICATIONS FOR 1991-92 CURB. GUTTER AND SIDEWALK REPLACEMENT PROGRAM 1. MATERIAL REXIOVAL AND D[SPOS.\L A. All pavement, root and orher macerial removal shall conform to Secrion 300-1 rhe SSPLVC and to rhese special provisions. B. All concrere or pavement remcixls shall be made along a saw cur or a weaken) plane joinr. All sa~t~c~!r~k~ for nor.91irk-k .. concrete to be included in the 1; price. No additionai ?a>'rner.:s <.\-I:. :e made therefor. The extent of t pavemenr rernovais wii! be mariied ir. ..e field by rhe Utilities and Mainrenar Inspecror. C. All removals shall become rhe responsibility of the Contracror and shall disposed of at a legal dump sire. D. Removal, cutting and clearing of all Free srumps and roofs shall be responsibility of rhq Conrracror. Payment for rhe concrere I-emonis including asphalt removals necessary to fc new gutters and all material disposal shall be considered included in the 1 price bid for chis irem. No addiiional compensation will be made cherefor. The basis rneasurernenr shall be made on the horknral sidewalk, curb and gu ares. The removal of asphalt concrete in the r: ,way necessary ro form pf will not be considered in rhe payrnenr of [he Fzament removal irem. E. F. 2. CONSTRUCTION Curb. Gutter and Sidewalk A. The consrrucrion of concrete sidewalk and curb and gutter shall confor the requirements of Secrion 303-5 and 201-1 of the SSPWC and t special provisions. Six sack mix shall be used for all concrete per the of Carlsbad Standards. The repair of the driveway aprons shall be included under the drivewa item. San Diego Regional Srandard Drawing G-14.1 shall be modified b! substitution of the following: B. q EV 0 a 58 "5-1/2" thickness in p!ace cf rhe 4" rhickness for residential dnwq and 7-112'' rhickness in place of the 6" thickness hr cornrnercial driveway. Driveway aprons will be rhe same rhickness as driveways." C. Curbs and gurrers. siciei.:alks and driveway aprons shall be replaced in kind ivirh rb.e exisring surrounding improvements and according ro rhe San Diego Regioml Srandards Number G-2, G-7-1 and G-14-1. D. Payment for rhe conci-ece curb and gutters and sidewalks shall be considered inciuded in [he unit price bid for rhese items. Exisring har.dicap ramps shall be replaced by the Conrraccor and should be included in [ne bid. No acldiriond compensations will be made therefor. Base rriareri:?l mder sic!ei.valks, curbs, gutters and driveway approaches shall be corLpx:~~ pnsr rc rkx netv ksrallarion. E. >. Asuhalt Concrere A. Asphalt concrete shall conform ro the requirements of Section 203 and 302 of the SSPWC and ro rhese Special Provisions. Asphalt concrere shall be Type 1-B-AR-4000. A tack coal shall be app!icd ro all abutring concrere surfaces ar rhe rate 01 0.10 gab'SY. The rack <oar shall be Type SS1 asphaltic emulsion. Asphalt concrete in roadway sections shall be removed by saw CUI: si> inches (6") from gutter lip and parallel to portion being removed with i two inch (2") overlap ar both ends. Asphalt concrete roadway sections shall be replaced with a minimurr thickness of three inches (3") afrer compaction of the base material. Compensation for rhe asphalt concrere complete and in place .shall bc considered included in rhe unir price bid for the curb and gurrer. Nc additional compensarion will be made therefor. B. C. D. E. F. Root Barriers A. Where required, the Contractor shall be responsible for the installation o root barriers provided by rhe City at specified locations. tnstallation will bc in accordance with the manufacturer's specifications, provided by the city and the Uriliries and Maintenance Direcror. C:\WPS lWLES\HLH92004.ST REV. 6/17/5 a 0 C - 3. CLEAN-UP A. Clean-up and dust conrrol shall confcrrn to rhe requirements of Section 7-8.1 the SSpWC and to the Special ?rotxiorbs section of rhe Contract Documents. Cornpensarion for sire c!enn-up 1r.d dust control shall be considered included rhe unit bid prices for rhe L.,f:io;ij items of ivork. No additional payment will made rhereror. 4. MISCELLWEOUS B. A. The contracror shall be responsible for setting all merer boxes. Bid amount si include conrracror's hbor c3sts. hlerer boxes will be protided by the C Contractcr shall insrail rneier bows per Ciry of Carlsbad standards using six s mix concrete. REV CAW5 lUFILES\HLH920()4.ST , c 0 e . e e 0 .i a 0 di $‘s @ 8% $3 78 ..rc :e sg 8 \a 4 9s i$ E u 0 e a 0 e e 0 &3 $B? $8 Qi 53 Q 's,4 4 $8 RE 9; 'is 8 $3 SQ 5s u , 0 a e 0 Q * k z u u < 4 a s SC zz %%E ms; 2-* zi Jc 44 Im 1 cor g2 t.. 3 c3 a" d 3 u 4>0 97 n c, $ .l c c 0 0 Qf P v 485 37 C.f,37 CAM I NO REAL EL a) n - 6 d _I- -- ii a / 11 4 I I G cl3 \;am ; I i f $@:I 2a *+ r" 2uJ: a@; J i;@: P 20; ?@ Q :@z 5 4, 0 I w. J a %@ I@: I- c"",osi@., :; .3 .s w t ic,; c 2 l - a : a 6- ; rG@;;@:, ,@5 ;-'Ct :qg @$@ ,y :rm c a a - J L: ,a2 cT RJ <- -Lo_ FJ * 3 r , .\ /'T." s,/ e,, c 5 H 3 1 a 5 .. .d '*!..1Iv VW =: g@: 4 'qd IRGB 2 i r6 LO7 0, I ZW& de %! a* wc t.. *, a- - c.c Y 3 0 3 u $ -I -u; [L ?< :w * 0 z E 4 U - ec -I w J.3 m> c f?, * ..I . 6 &a p n r. :a L * 110 n5 rr) 6' :: P r2)F &y ss L. :: 9: 'C. QC e\ c 0 - $"@ v) @$ /I5 0 u ;,.2 in. r\ ; ;@ ", u '2.w f 9 C'iz - - 0 e. - OTcL;u 1 I 50 I30 ho r-q - L'I a 2 ,@ 0 2 <@ 6 n ,. , L/v z :q. q L, - .- Am% 2. @?(? 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L 0 0 3 -L- J 4 b z w u 4 4 3 !3? 2z 4% h P E! b42 g33 -4 0 O\-Z ZmY dS IW .c) c. 3 c3 3 u a 0 e .' .. \-, / 5 i) -=27-3E Ow - e 0 d 73 .i) - IC0 w z w W 0 a PC E 4 Wd? b4% 4 233 "0 mfiz 2C"Y sg dS E s IA 4 730 wu 3 0 3 u -_ 1 e 15 a 2; ‘3 1 * tl - - d e 0 d m 6\ I '. \ '. 9 b 0 k- e z !9 b 3s 43 o\ =z: ag au I, - d (c;-) w u 4 4 a U 3 0 s33 “13 0 IU 4 0 +E e ~ -- < 0 - e *‘ CI 2 5 f 3 E % %3 2k- rz: K c 4 Icz; “C 4v T c G K E E a E fi c K c - y) c L a b 2 u: rz L 4 n c;I n b I) 0 2 c c 4 4 cu; rs s'i OR D P (9 ' KELLY P ?? 2 N' 3- t Q) h Q) - 3 ;I> 2 0 e E z c I 1 0 4 v I 1 1 b b L rn’ m’ 9) Ii * zf .-( 1 I I I 1 1 I 1 I t I o4 “J N a e N _1 6 . > 0 e .e .‘ N QI I o\ ut w .-( - ‘3 .r; g ’.- 0 . e e b z w c w 0 4 a p1 zcf ?Lg $5 g32 -(ad m-z 2=, x% L &Eo tw du mu t. e 3 r3 3 u $ sses *ON mN 3- ..., (3 -- - LI u Ll 4, <r> & , f 5.4 7. $ 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 I e 0 RESOLUTION NO. 92- 216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF DRIVE IN SAN MARCOS, AND EL CAMINO REAL FROM FARADAY AVENUE TC PALOMAR AIRPORT ROAD, PROJECT NO. 3166 IMPROVEMENTS TO PALOMAR AIRPORT ROAD FROM EL CAMINO REAL TO ACAC14 WHEREAS, the City Council of the City of Carlsbad has determii necessary, desirable, and in the public interest to construct improveme Palomar Airport Road from El Camino Real to Acacia Avenue in San Marcos El Camino Real from Faraday Avenue to Palomar Airport Road, Project No. 31E WHEREAS, the Cities of Carlsbad, San Marcos and Vista have entere joint agreements to fund the design,construction, inspection and administ of said improvements; and WHEREAS, plans, specifications, and contract documents for the furn for all labor, materials, tools, equipment, transportation, and other ex necessary or incidental for said project have been prepared and are on f the Engineering Department of the City of Carlsbad; and WHEREAS, the City Council the City of Carlsbad had previously approp funds for said project; and WHEREAS, $120,500 is available from Transnet bicycle allocatior $187,100 is available from Transportation Development Act allocations; a WHEREAS, additional funding may accrue to the City of Carlsbad tl designated for construction of public facilities within the scope of Proje 3166; and WHEREAS, construction for said improvements is a matter of public necc and safety; and WHEREAS, modification to the original project concepts were necess provide for unforseen design needs; and WHEREAS, an amount satisfactory to the City and P & D Technolog. 6 t b* ‘C +- * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 I * 9 compensate P & D Technologies for providing plan specifications and estimai . said design needs has been determined. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of the City of Car’ California, as follows: 1. That the above recitations are true and correct. 2. T.hat the plans, specifications, and contract documents as pre: are hereby approved. 3. That the various fund allocations that have or may accrue to PI No. 3166 are hereby appropriated for Project No. 3166 4. That the City Clerk of the City of Carlsbad is hereby authorizc directed to proceed to publish, in accordance with law, Notice to Contri inviting bids for the construction of improvements to Palomar Airport Roi El Camino Real, Pr-oject No. 3166, in accordance with the plans, specificai and contract documents hereinabove referred. 5. That the City Manager is authorized to execute an amendment t agreement for the design of Palomar Airport Road east of El Camino Real t eitty of ‘Sa, Marcos. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Council held on the 7th day of July , 1992 by the following voi wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Member Kulchi ATTEST: AL&i??ikU<NK%ey%