HomeMy WebLinkAboutEIA 92-08; BUENA VISTA CHANNEL MAINTENANCE; Environmental Impact Report (EIR)CRY OF CAIUSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
0 Master Plan
0 Specific Plan
Precise Development Plan
Tentative Tract Map
Cj Planned Development Permit
Non-Residential Planned Development
Condominium Permit
Special Use Permit
O Redevelopment Permit
Tentative Parcel Map
Administrative Variance
(FOR DEPT
ONLY)USE , j (FOR DEPT
USE ONLY)
0 General Plan Amendment
0 Local Coastal Plan Amendment
Site Development Plan
0 Zone Change
Conditional Use Permit
Hillside Development Permit
Environmental Impact Assessment 92-8
Variance
Planned Industrial Permit
Coastal Development Permit
Planning Commission Determination
0 List any other applications not specificed
2) LOCATION OF PROJECT: ON THE South 1 SIDE OF 78 Freeway
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN I Jefferson AND El Camino Real
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: jBenefit Area No. 1, page 44, book 23 of Maps of
Lssessment and Community Facilities Districts File No. 89-428583 OR in the office of the
:nunry Re-corder, Augusc 10,
4) ASSESSOR PARCEL NO(S).
1989
1Portions of 156-301, 156-302, 165-120
5) LOCAL FACILITIES I 1 6) EXISTING GENERAL PLAN OS 7) PROPOSED GENERAL PLAN
[ s MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING
[ OS 9) PROPOSED ZONING I os 110) GROSS SITE 36
ACREAGE
11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION
RESIDENTIAL UNITS OF LOTS N/A
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS f 0 I
15) PROPOSED INDUSTRIAL I 0 16) PROPOSED COMMERCIAL I I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
NOTE: A PROPOSED PROJECT REQUIRING ThAT MULTIPLE APPLICATIONS BE PILED MLT BE 9JWAFr= PRIOR TO 330 P.It A PROPOSED PROJECT
REQUIRING THAT OMX ONE AICA11CN BE PILED MUST BE SUTI'ED PRIOR TO 400 pM. FRM00016 8/90
I
W CITY OF CARLSBAD I LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE j
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I
20) PROJECT NAME: Buena Vista Channel Maintenance, U/M 92-5 1
21) BRIEF DESCRIPTION OF PROJECT: I Removal of accumulated ve2etation and
[ialluvium from the Buena Vista Urban Drainage Channel.
22) IN THE PROCESS OF ING THIS,4 CATION -?AY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMIS4N.& SIGXRØI1 BOb}{EMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE TION.I{WE CONSENT TO ENTRY FOR THIS
PURPOSE
GNATLRE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
Ralph W. Anderson
MAILING ADDRESS MAILING ADDRESS
2075 Las Palmas Drive
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad-9 92009 438-7753
CERTIFY THAT I AM THE LEGAL OWNER
AND THAT ALL THE ABOVE INFORMATION 1'tAT D CORRECT TO THE
IS TRUE AND CORRECT 10 THE BEST OF O
MY KNOWLEDGE.
I CEItFY ESENTATIVE AND LAR
SIG
V1
SIGNATURE DATE AD
** ********************************************• r******
FOR CITY USE ONLY
RECEIVED FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
AUG O19
CITY OF CALA
DATE P&D
RECEIVED BY:
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO.
I.
City of Carls.bad
•r.
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
(P/ease Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
07
FR.M00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
so I.
(Over)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards.
Commissions, Committees and Council within the past twelve months?
Yes - No If yes, please indicate person(s)
Person is defined U: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust.
receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
Signature of Owner/date Signature of applicant/date
Print or type name of owner Print or type name of applicant
FRM00013 8/90
I • S
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PROJECT DESCRIPTION / EXPLANATION
PROJECT NAME:- Buena Vista Channel Maintenance UM 92-5
APPLICANT NAME: Ralph W. Anderson Director Utilities and Maintenance
Please describe fully the proposed project. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may
also include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description / Explanation.
In fiscal year 1989-1990 Carlsbad City Council approved the formation of the Buena Vista
Channel Benefit Assessment District in accordance with the provisions of the Benefit
Assessment District Act of 1982" (Government Code Sections; 54703, 547180). The
formation of the Assessment District was requested by the property owners in the area to
provide a proper funding mechanism for channel maintenance. The Utilities and
Maintenance Department administers the maintenance program which consists of removing
accumulated alluvium and vegetation from within the channel. In order to establish
a positive drainage pattern minor maintenance is performed as needed, major work is done
on the average every three to four years.
(5
S.
S.
LAND USE REVIEW APPLICATION FORMS
INSTRUCTIONS TO APPLICANTS
In order to streamline the application process and reduce duplication in filling out
application forms the City has adopted a comprehensive application form to handle
multiple application subrnittals. The following instructions should assist you in preparing
the application form for submittal to the City:
1. Applications applied for: Check the appropriate boxes for the various application
types for which you are applying. Check with counter staff to determine required
application types needed to process your specific project.
2. Location of Project: Fill in the blanks with the appropriate direction and street
names. For projects located in undeveloped areas not adjacent to streets use the
nearest street from which the project will take access.
3. Brief Legal Description: Generally provide a brief legal description of the property
such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or, portion of Lot I of Rancho
Agua Hedionda Map 1717. Do not provide bearings and distances. A full legal
description will be contained within the title report submitted with the application.
4. Assessor Parcel No. (s): Include all assessors parcel numbers included within the
project boundary. The counter staff can assist you in determining the appropriate
assessors parcel number(s).
5. Local Facilities Management Zone: Write the number of the facilities management
zone within which your project is located. Ask for counter assistance in determining
which facility zone your project is located. It is important to know which facility
zone includes your project. Each facility zone must have an adopted local facilities
management plan before applications can be accepted by the City. Additionally, the
adopted facility plan for your zone may contain significant public facility
requirements which must be met before your project may be accepted as complete
or before construction permits are issued.
6. Existing General Plan Designation: Write down the General Plan Designation(s) for
the property covered by your proposed project. Ask for counter assistance if you do
not know your general plan designation.
7. Proposed General Plan Designation: Required only if your project involves a request
for a general plan amendment. If so, write in the proposed general plan designation
for the property.
8. Existing Zoning: Write down the existing zone plan designation for your proposed
project property. Ask counter staff for assistance if you do not know your zone
designation.
07
FRM00016 8/90 Page 1 of 4
S.
9. Proposed Zoning: Required only if your project involves a request for a zone
change. If so, write in the proposed zone designation(s).
10. Gross Site Acreage: Write down the total acreage of the property over which your
proposed project is situated. Not necessary for Zone Code Amendments or
Variances.
11. Proposed Number of Residential Units: Required for residential projects. Write
down the total number of proposed dwelling or apartment units to be included in
the project. Include existing units which are included within the project boundary.
12. Proposed Number of Lots: For tentative tract maps and minor subdivisions only.
Write down the number of lots which are proposed to be created. Include
remainder parcels, open space and private Street lots.
13. Type of Subdivision: For tentative tract and parcel maps only. Write down the type
or types of uses included within the subdivision. For example: residential or
commercial/industrial.
14. Number of Existing Residential Units: Write down the number of existing dwelling
or apartment units currently existing on the project site.
15. Proposed Industrial/Office Square Footage: For all projects which propose the
creation of new industrial buildings. Write in the proposed gross square footage to
be applied for industrial/office use.
16. Proposed Commercial Square Footage: For all projects which propose the creation
of new commercial buildings. Write in the proposed gross square footage to be
applied to commercial use.
17. Percentage of Proposed Project in Open Space: Write down the percentage of gross
project site acreage which qualifies as open space per the growth management.
standards. Not required for Variance Applications.
18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling unit
(EDU) is the average of sewer generated by one house or dwelling. One EDU is
equivalent to 220 gallons per day of sewer usage. Use the attached EDU chart to
determine the sewer usage for your project. Ask for assistance at the counter if you
are unsure how to determine your usage.
For industrial projects use the following assumptions:
a. Undeveloped industrial assume 30 percent building
coverage.
b. Improved lot industrial assume 40 percent building coverage.
C. For shell or unknown industrial building usage assume 1 EDU for
each 1800 square feet. 8
FRM00016 8/90 Page 2 of 4
.S
19. Proposed Increase in Average Daily Traffic (ADT): Write down the projected
increase in traffic generation which will result as a consequence of approval of your
proposed project. Use the traffic generation rates as determined by the latest San
Diego Association of Government Traffic Generation Rate Guide (attached).
20. Project Name: Fill in the box with the name of the project. Such as Rising Glen
or Aviara. If no name is proposed write in the last name of the owner or applicant
plus a brief description such as Hauser Condo Conversion or Wickham Residential
Subdivision.
21. Brief Description of Project: Write down a brief description of the project. Be
specific but do not include square footages or architectural details. For example: a
neighborhood commercial center with two drive thru restaurants; or, a single family
detached residential project; or, an industrial/office complex with three
industrial/office buildings.
22. Consent to Allow Entrance onto the Property: Signature granting members of City
Staff, Planning Commissioners, Design Review Board Members or City Council
members permission to inspect and enter the property.
23. Owner's, Name, Address, Telephone and Signature: To be filled in and signed by
the owner for all applications. Use the owner's name as it appears on the title
report.
24. Applicant's, Name, Address, Telephone and Signature: To be filled in and signed by
the applicant. If owner and applicant are the same you may write same on the
space for the name. All correspondence and contact regarding the application will
be directed to the applicant.
Application Submittal Requirements: Attached with the application form are the various
submittal checklists for each application type listed on the face of the application. Follow
any instructions contained within the submittal requirements and submit the information
and materials required for each of the applications for which you are applying.
IMPORTANT NOTE
CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND
MATERIALS HAVE BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE
SUBMITTALS WILL NOT BE PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE
COMMISSION OR COUNCIL. YOU WILL BE NOTIFIED IN WRITING WITHIN 30 DAYS OF
SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE.
CO
FRM00016 8/90 Page 3 of 4
rtjjy: Q
PRIOR TO, 4PM
Applicant Disclosure Form - All applications require submittal of an applicant disclosure
form. Follow the instructions provided on the form and the attached information sheet.
Circulation Impact Analysis - All applications which propose an increase in the traffic
generation rate of 500 vehicles or more over existing traffic generation for the site must
submit a Circulation Impact Analysis. This Analysis will be used to determine compliance
of your project with Growth Management Facility Standards. The analysis is not to be
considered in lieu of project related traffic studies which may be required by staff to
analyze specific project related on and off site traffic issues.
Hillside Development Permit - A Hillside Development Permit is required for all projects
with a slope of fifteen percent or more and an elevation differential greater than fifteen
feet. Check with City staff if you are uncertain whether or not your proposed project site
requires a hillside development permit. If required follow the instructions provided on the
application form.
Environmental Impact Assessment Form - All applications for development require
submittal of an Environmental Impact Assessment Form. Larger projects or projects in
environmentally sensitive areas may require more detailed Environmental Impact Reports.
Follow the instruction provided with the application form.
Coastal Development Permit - Projects within the coastal zone boundary may require a
Coastal Development Permit. For most projects, application is made to the State Coastal
Commission. For projects within the Coastal Zone Boundary and the City's Redevelopment
Area, application for a Coastal Development Permit is made with the City. Follow the
instructions on the application form. Applicants requiring' Coastal Development Permits
may wish to obtain a Coastal Development Permit Handbook available at the Development
Processing Counter for nominal fee.
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FRM00016 8/90 Page 4 of 4
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT SPREAD
FY 92-93
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301-07 1.39 5.867% $3,185.50 PLAZA CAMINO REAL
156-301-08 0.72 3.039% $1,650.04 CARTER HAWLEY HALE STORES INC
156-301-09 2.37 10.004% $5,431.39 PLAZA CAMINO REAL
156-301-12 0.33 1.393% $756.27 PLAZA CAMINO REAL
156-302-05 0.28 1.182% $641.68 PLAZA CAMINO REAL
156-302-06 0.78 3.293% $1,787.55 NEW MARJORAM ASSOCIATES
156-302-07 0.44 1.857% $1,008.36 MAY DEPARTMENT STORES CO
156-302-08 2.10 8.864% $4,812.63 MAY PROPERTIES INC
156-302-09 4.26 17.982% $9,762.75 PLAZA CAMINO REAL
156-302-10 2.20 9.287% $5,041.80 NEW MARJORAM ASSOCIATES
156-302-12 0.16 0.675% $366.68 CARTER HAWLEY HALE STORES INC
156-302-15 0.93 3.926% $2,131.31 BULLOCKS PROPERTIES CORP
156-302-16 0.60 2.533% $1,375.04 BULLOCKS PROPERTIES CORP
156-302-18 0.06 0.253% $137.50 PLAZA CAMINO REAL
156-302-19 0.15 0.633% $343.76 PLAZA CAMINO REAL
156-302-20 0.32 1.351% $733.35 PLAZA CAMINO REAL
156-302-21 0.07 0.295% $160.42 PLAZA CAMINO REAL
156-302-22 0.58 2.448% $1,329.20 PLAZA CAMINO REAL
156-302-26 0.83 3.504% $1,902.13 CARTER HAWLEY HALE STORES INC
156-302-27 1.77 7.472% $4,056.36 PLAZA CAMINO REAL
156-302-30 ** 3.35 14.141% $7,677.28 PLAZA CAMINO REAL
SUB-TOTAL: 23.69 100%of55.1% $54,291.00
156-302-02
156-302-03
156-302-04
SUB-TOTAL:
0.58 1.021% $818.69 RICHARD 0. & ELLIE M. WATTLES
0.22 0.387% $310.54 G.W. & SONDRA J. DUNSTER
0.24 0.423% $338.77 ANGELO A. & MARIA VOZZA
1.04 1.831% $1,468.00
156-301-16
156-301-17
165-120-56
SUB-TOTAL:
19.51 60.855% $26,922.70 HUGHES NORTH COUNTY ASSOCIATES
2.67 8.328% $3,684.45 HUGHES NORTH COUNTY ASSOCIATES
9.88 30.817% $13,633.85 HUGHES NORTH COUNTY ASSOCIATES II
32.06 100%of44.9% $44,241.00
E40
GRAND TOTAL: 56.79 100.000% $100,000.00
** Zero value parcel - Forced on tax roll
Exhibit B'
I
NO SCALE
DIAGRAM FOR BENEFIT AREA NO. I
BUENA VISTA CIIANtL MAINTENANCE DISTRICT
UTT C? CMU.U.*D, 11*110? 0AWCI* _ I
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CITY OF CARLSBAD
San Diego County
California
) ¶ (/U (J CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
MAINTENANCE OF BUENA VISTA CHANNEL
CONTRACT NO. U/M 92-5
.L '
CNT92010.EO R7
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TABLE OF CONTENTS
Item Page
NOTICE INVITING BIDS ............................................1
CONTRACTOR'S PROPOSAL ........................................5
BIDDER'S BOND TO ACCOMPANY PROPOSAL ..........................10
DESIGNATION OF SUBCONTRACTORS ...............................12
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ..................14
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ..........15
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ..............................16
CONTRACT - PUBLIC WORKS ......................................17
LABOR AND MATERIALS BOND ....................................25
PERFORMANCE BOND ...........................................27
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION .................................29
RELEASE FORM ...............................................33
MAP OF AREA ................................................34
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ............................35
II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION FOR CONSTRUCTION MATERIALS ..................47
III. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION FOR CONSTRUCTION METHODS ...................51
IV. SPECIAL PROVISIONS FOR CLEARING BUENA VISTA CHANNEL .........54
CD9_
CNT92010.EO j REV. 7t30i2
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 p.m. on the
day of , 19_, at which time they will be opened and read, for
performing the work as follows:
MAINTENANCE OF BUENA VISTA CHANNEL
CONTRACT NO. U/M 92-5
The work shall be performed in strict conformity with the specifications as approved by the
City Council of the City of Carlsbad on file with the Municipal Projects Department. The
specifications for the work include the Standard Specifications of Public Works
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association and as amended by the special provisions sections of this contract. Reference
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-owned
businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available and where
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required
by law. The bidder's security of the second and third next lowest responsive bidders may
be withheld until the Contract has been fully executed. The security submitted by all other
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section
22300), appropriate securities may be substituted for any obligation required by this notice
or for any monies withheld by the City to ensure performance under this Contract. Section
22300 of the Public Contract Code requires monies or securities to be deposited with the
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. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
CNT92010.EO
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The Engineer's
Estimate is $150,000.00. The work is anticipated to take place during the time specified
under the special provisions section of this document. It is estimated to take twenty-five
(25) workdays to fully complete all aspects of the project.
The Contractor's attention is directed to Section 6-7, "Time of Completion", and Section
6-9, "Liquidated Damages", of the 1991 Edition of the Standard Specifications, defining
responsibility with regard to completing work within the time specified. In the event that
the scope of work including all conditions and requirements of the contract are not
completed within the number of working days specified above, (25 working days)
liquidated damages of two hundred fifty ($250.00 dollars for each and every calendar day
required to finish the work in excess of the specified number of working days shall be paid
to the City of Carlsbad.
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 to
Business and Professions Code Section 7028.15. The following classifications are
acceptable for this contract: A, C-12, or C-24 in accordance with the provisions of state
law.
If the Contractor intends to utilize the escrow agreement included in the contract
documents in lieu of the usual 10% retention from each payment, these documents must
be completed and submitted with the signed contract. The escrow agreement may not be
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of
the Labor Code, a current copy of applicable wage rates is on ifie in the Office of the
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less
than the said specified prevailing rates of wages to all workers employed by him or her in
the execution of the Contract.
CNT92010.EO REV. 7/30/92
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The Prime Contractor shall be responsible for insuring compliance with provisions of
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720
shall apply to the Contract for work.
A mandatory pm-bid meeting will be held at the project site two weeks prior to the
date of the bid opening. Please meet at the City of Carlsbad Utilities and
Maintenance Conference Room at 2075 Las Palmas Drive, Carlsbad on______
1992 at 10:00 a.m. Bids received and opened from contractors who
have not attended the pm-bid meeting shall be considered unresponsive.
All bids are to be computed on the basis of the given estimated quantities of work, as
indicated in this proposal, times the unit price as submitted by the bidder. In case of a
discrepancy between words and figures, the words shall prevail. In case of an error in the
extension of a unit price, the corrected extension shall be calculated and the bids will be
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
typed or written in with ink and must be initialed in ink by a person authorized to sign for
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and materials
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. These bonds
shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City for a period of one (1) year from the date
of formal acceptance of the project by the City.
Bonds and insurance are to be placed with insurers that have (1) a rating in the most
recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in
the State of California, and (3) are listed in the official publication of the Department of
Insurance of the State of California. Auto policies offered to meet the specification of this
contract must: (1) meet the conditions stated above for all insurance companies and (2)
CNT92010.EO REV. 7130192
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cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hires, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Worker's compensation insurance required under this contract must be offered by a
company meeting the above standards with the exception that the Best's rating condition
is waived. The City does accept policies issued by the State Compensation Fund meeting
the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California, by Resolution
Number , adopted on the day of 1992.
Date Aletha L. Rautenkranz, City Clerk
dnk
CNT92O1O.EO REV. 7t302
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CiTY OF CARlSBAD
CONTRACT NO.
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish
all labor, materials, equipment, transportation, and services required to do all the work to
complete Contract No. U/M 92-5 in accordance with the Plans and Specifications of the
City of Carlsbad, and the Special Provisions and that he/she will take in full payment
therefor the following unit prices for each item complete, to wit:
Approximate
Item Quantity Unit
No. and Unit Price Total
1. Lump sum for all materials,
equipment, labor, permits, and
miscellaneous costs for completion of
the work as specified under the special
provisions section of this document.
CNT92010.EO REV. 7130/92
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Total amount of bid in words: -
Total amount of bid in numbers: $___________________
Price(s) given above are finn for 90 days after date of bid opening.
Addendum(a) No(s). has/have been received and is/are included in this
proposal.
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omissions of the part of the Undersigned in
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
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 do
business or act in the capacity of a contractor within the State of California and that they
are validly licensed under license number , classification
which expires on . This statement is true and correct and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant
to the Business and Professions Code shall be considered non-responsive and shall be
rejected by the City. § 7028.15(e). In all contracts where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance
with California law. However, at the time the contract is awarded, the contractor shall
be properly licensed. Public Contract Code § 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council,
its officers, agents, or employees has inducted him/her to enter into this Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
CNT92010.EO REV. 7130/92
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2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud.
Accompanying this proposal is
(Cash, Certified Check, Bond or Cashier's Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
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IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature
must be made by a general partner)
(3) Place of Business
(Street and Number)
City and State
Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
(2)
Signature
Title
Impress Corporate Seal here
(3) Incorporated under the laws of the State of__________________________
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
CNT92010.EO REV. 7t30i92
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*
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a
corporation; if a partnership, list names of all general partners, and managing partners:
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F;
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, • as Principal, and __
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as
follows: (must be at least ten percent (10%) of the bid amount)
for which payment, well and truly made, we. bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for:
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
into and execute a Contract including required bonds and insurance policies within twenty
(20) days from the date of award of Contract by the City Council of the City of Carlsbad,
being duly notified of said award, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect, and the amount specified herein
shall be forfeited to the said City.
CN2010.EO REV. 7130192
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In the event Principal executed this bond as an individual, it is agreed that the death of
Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of Executed by SURETY this of
,19_. ________________519_.
PRINCIPAL: SURETY:
(Name of Principal) (Name of Surety)
LIM
(sign here) Signature of Attorney-in-Fact
(print name here) printed name of Attorney-in-Fact
(attach corporate resolution showing
(title and organization of signatory) current power of attorney)
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
KAREN J. HIRATA
Deputy City Attorney
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DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
in making up his/her bid and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the City Engineer, and in accordance with
applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in
these subcontractors except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages
can be attached if required:
Items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Code
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AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on the sub-bids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
Type of State
Contracting Carlsbad Business Amount of Bid
Full Company Name License & No. License No .* ($ or %)
I
/ * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
must be obtained prior to submission of signed Contracts.
0 0
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
OU
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BIDDER'S STATEMENT OF TECHNICAL ABILiTY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill.
An attachment can be used.
Date Name and Phone Amount
Contract Name and Address No. of Person Type of of
Completed of the Employer to Contract Work Contract
0
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMLTFED WITH BID
State of California )
) ss.
County of )
being first duly sworn, deposes
(Name of Bidder)
and says that he or she is
(Title)
of
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
shall refrain from bidding that the bidder has not in any manner, directly or indirectly,
sought by agreement communication, or conference with anyone to fix the bid price, or of
that of any other bidder, or to fix any overhead, profit, or cost element of advantage
against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and further, that the bidder has
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this
affidavit was executed on the - day of 19
Signature of Bidder
Subscribed and sworn to before me on the day of 19
(NOTARY SEAL)
Signature of Notary
CNT92010.EO REV. 7t30,92
17
CONTRACT - PUBLIC WORKS
This agreement is made this -
the City of Carlsbad, California,
is
_____ day of , 19 , by and between
a municipal corporation, (hereinafter called "City"), and
_whose principal place of business
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract
documents for the Maintenance of Buena Vista Channel, Contract No. U/M 92-5,
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials,
tools, equipment, and personnel to perform the work specified by the Contract
Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of
Subcontractors, Bidder's Statements of Financial Responsibility and Technical
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, and all proper amendments and changes
made thereto in accordance with this Contract or the Plans and Specifications,
and all bonds for the project; all of which are incorporated herein by this
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and
install the work as indicated, specified, and implied by the Contract Documents.
Any items of work not indicated or specified, but which are essential to the
completion of the work, shall be provided at the Contractor's expense to fulfill
the intent of said documents. In all instances through the life of the Contract,
the City will be the interpreter of the intent of the Contract Documents, and the
City's decision relative to said intent will be final and binding. Failure of the
Contractor to apprise subcontractors and materials suppliers of this condition of
the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this
Contract, City shall make payment to the Contractor per Section 9-3 of the
Standard Specifications for Public Works Construction (SSPWC) 1991 Edition,
and the latest supplement, hereinafter designated "SSPWC", as issued by the
Southern California Chapter of the American Public Works Association, and as
amended by the Special Provisions section of this contract. The closure date for
CNT92010.EO REV. 7T30,2
each monthly invoice will be the 30th of each month. Invoices from the
Contractor shall be submitted according to the required City format to the City's
assigned project manager no later than the 5th day of each month. Payments
will be delayed if invoices are received after the 5th of each month. The final
retention amount shall not be released until the expiration of thirty-five (35)
days following the recording of the Notice of Completion pursuant to California
Civil Code Section 3184.
S. Independent Investigation. Contractor has made an independent investigation of
the job site, the soil conditions at the job site, and all other conditions that
might affect the progress of the work, and is aware of those conditions. The
Contract price includes payment for all work that may be done by Contractor,
whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about
underground conditions or other job conditions is for Contractor's convenience
only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions
and has not relied on information furnished by City.
6. Contractor Responsible for Unforeseen Conditions. Contractor shall be
responsible for all loss or damage arising out of the nature of the work or from
the action of the elements or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the work until its acceptance by the City.
Contractor shall also be responsible for expenses incurred in the suspension or
discontinuance of the work. However, Contractor shall not be responsible for
reasonable delays in the completion of the work caused by acts of God, stormy
weather, extra work, or matters which the specifications expressly stipulate will
be borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface
Contractor shall promptly, and before the following conditions are disturbed,
notify City, in writing, of any:
A Material that Contractor believes may be material that is hazardous waste,
as defined in Section 25117 of the Health and Safety Code, that is required
to be removed to a Class I, Class II, or Class III disposal site in accordance
with provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown physical conditions at the site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the contract. 0
CNT92010.EO I REV. 7t30i92
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City shall promptly investigate the conditions, and if it finds that the conditions
do materially so differ, or do involve hazardous waste, and cause a decrease or
increase in contractor's costs of, or the time required for, performance of any part
of the work shall issue a change order under the procedures described in this
contract.
In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the contractor's cost of, or time required for, performance of any part
of the work, contractor shall not be excused from any scheduled completion date
provided for by the contract, but shall proceed with all work to be performed
under the contract. Contractor shall retain any and all rights provided either by
contract or by law which pertain to the resolution of disputes and protests
between the contracting parties.
8. Change Orders. City may, without affecting the validity of the Contract, order
changes, modifications and extra work by issuance of written change orders.
Contractor shall make no change in the work without the issuance of a written
change order, and Contractor shall not be entitled to compensation for any extra
work performed unless the City has issued a written change order designating in
advance the amount of additional compensation to be paid for the work. If a
change order deletes any work, the Contract price shall be reduced by a fair and
reasonable amount. If the parties are unable to agree on the amount of
reduction, the work shall nevertheless proceed and the amount shall be
determined by litigation. The only person authorized to order changes or extra
work is the Utilities and Maintenance Director. The written change order must
be executed by the City Manager or the City Council pursuant to Carlsbad
Municipal Code Section 3.28.172.
9. Immigration Reform and Control Act. Contractor certifies he is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8 USC
Sections 1101-1525) and has complied and will comply with these requirements,
including, but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors, and consultants that are included in this
Contract.
10. Prevailing Wage. Pursuant to the California Labor Code, the director of the
Department of Industrial Relations has determined the general prevailing rate of
per diem wages in accordance with California Labor Code, Section 1773 and a
copy of a schedule of said general prevailing wage rates is on ifie 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.
CNT92010.EO REV. 7/30,92
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11. Indemnification. Contractor shall assume the defense of, pay all expenses of
defense, and indemnify and hold harmless the City, and its officers and
employees, from all claims, loss, damage, injury and liability of every kind, nature
and description, directly or indirectly arising from or in connection with the
performance of the Contractor 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, unless
the loss or damage was caused solely by the active negligence of the City. The
expenses of defense include all costs and expenses including attorneys fees for
litigation, arbitration, or other dispute resolution method.
12. Insurance.. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. Said
insurance shall meet the City's policy for insurance as stated in Resolution No.
91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and
property damage. If the policy has. an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for
which the City or its agents, officers or employees are additional
insureds.
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury and
property damage. In addition, the auto policy must cover any vehicle
used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liability Insurance:
Worker's compensation limits as required by the Labor Code of the
State of California and Employer's Liability limits of $1,000,000 per
incident. Worker's compensation offered by the State Compensation
Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of
insurance required under this agreement contain, or are endorsed to
contain, the following provisions. General Liability and Automobile
Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the contractor; premises owned, leased, hired or borrowed
by the contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officials, employees or
volunteers.
2. The Contractor's insurance coverage shall be primary insurance as
respects the City, its officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officials, employees or
volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officials, employees or
volunteers.
4. Coverage shall state that the contractor's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made"
basis, coverage shall be maintained for a period of three years following the 3
date of completion of the work.
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(D) NOTICE OF CANCELLATION - Each insurance policy required by this
agreement shall be endorsed to state that coverage shall not be suspended,
voided, canceled, or reduced in coverage or limits except after thirty (30)
days' prior written notice has been given to the City by certified mall,
return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any
deductibles or self-insured retention levels must be declared to and
approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retention levels as
respects the City, its officials and employees; or the contractor shall procure
a bond guaranteeing payment of losses and related investigation, claim
administration and defense expenses.
(F) WAIVER OF SUBROGATION - All policies of insurance required under this
agreement shall contain a waiver , of all rights of subrogation the insurer
may have or may acquire against the City or any of its officials or
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for
each subcontractor. Coverages for subcontractors shall be subject to all of
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers
that have a rating in Best's Key Rating Guide of at least A-:V, and are
authorized to do business within the State of California and are included in
the official publication of the Department of Insurance of the State of
California as allowed under the standards specified in by the City Council
Resolution No. 91-403.
(I) VERIFICATION OF COVERAGE - Contractor shall furnish the City with
certificates of insurance and original endorsements affecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in
forms approved by the City and are to be received and approved by the City
before work commences.
(J) COST OF INSURANCE - The Cost of all insurance required under this
agreement shall be included in the Contractor's bid.
CNT92010.EO REV. 7t30$2
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13. Claims and Lawsuits. All claims by Contractor for $375,000 or less shall be
resolved in accordance with the provisions in the Public Contract Code, Division
2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which are
incorporated by reference. All claims over $375,000 shall comply with the
Government Tort Claims Act (Section 900 et seq of the California Government
Code) for any claim or cause of action for money or damages prior to filing any
lawsuit for breach of this agreement.
14. Maintenance of Records. Contractor shall maintain and make available at no cost
to the City, upon request, records in accordance with Sections 1776 and 1812 of
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not
maintain the records at Contractor's principal place of business as specified
above, Contractor shall so inform the City by certified letter accompanying the
return of this Contract. Contractor shall notify the City by certified mail of any
change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with
Section 1720 of the Labor Code are incorporated herein by reference.
16. Security. Securities in the form of cash, cashier's check, or certified check may
be substituted for any monies withheld by the City to secure performance of this
contract for any obligation established by this contract. Any other security that
is mutually agreed to by the Contractor and the City may be substituted for
monies withheld to ensure performance under this Contract.
17. Affirmative Action. Contractor certifies that in preforming under the purchase
order awarded by the City of Carlsbad, he will comply with the County of San
Diego Affirmative Action Program adopted by the Board of Supervisors, including
all current amendments.
18. Provisions Required by Law Deemed Inserted. Each and every provision of law
and clause required by law to be inserted in this Contract shall be deemed to be
inserted herein and included herein, and if, through mistake or otherwise, any
such provision is not inserted, or is not correctly inserted, then upon application
of either party, the Contract shall forthwith be physically amended to make such
insertion or correction.
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19. Additional Provisions. Any additional provisions of this agreement are set forth
in the "General Provisions" or "Special Provisions" attached hereto and made a
part hereof.
NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
(CORPORATE SEAL) Print Name of Signatory
Signature of Signatory,
APPROVED TO AS TO FORM:
Print Name of Signatory
RONALD R. BALL
City Attorney
Signature of Signatory
Title
Deputy City Attorney
CITY OF CARLSBAD, CALIFORNIA
Mayor
ATTEST:
City Clerk
IV
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LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California,
adopted , has awarded to -
- (hereinafter designated as the "Principal"), a
Contract for the Maintenance of Buena Vista Channel, Contract No. U/M 92-5, in the City
of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of their
subcontractors shall fail to pay for any materials, provisions, provender or other supplies
or teams used in, upon or about the performance of the work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, WE, ______________________________________ as
Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carlsbad in the sum of
Dollars ($_), said sum being fifty percent (50%) of the estimated
amount payable by the City of Carlsbad under the terms of the Contract, for which
payment well and truly to be made we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used
in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of the contractor and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is
brought upon the bond, costs and reasonable expenses and fees, including reasonable
attorney's fees, to be fixed by the court, as required by the provisions of Section 3248 of
the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations
entitled to ifie claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations under this bond. .2 '7
25
by Resolution No.
CNT92010.EO REV. 7130i92
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Executed by CONTRACTOR this
day of ,19_.
CONTRACTOR:
(Name of Contractor)
By:
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this_____ day of
,19_.
SURETY:
(Name of Surety)
By:
Signature of Attorney-in-Fact
Printed name of Attorney-in-Fact
(attach corporate resolution showing
current power of attorney)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD It BALL
Acting City Attorney
By:
KAREN J. HIRATA
Deputy City Attorney
NUVINIHIMSE
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PERFORMANCE BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
adopted , has awarded to
(hereinafter designated as the "Principal"), a Contract for the
Maintenance of Buena Vista Channel, Contract No. U/M 92-5, in the City of Carlsbad, in
strict conformity with the contract, the drawings and specifications, and other Contract
Documents now on ifie in the Office of the City Clerk of the City of Carlsbad, all of which
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
thereof require the furnishing of a bond for the faithful performance of said Contract;
NOW, THEREFORE, WE, , as Principal,
(hereinafter designated as the "Contractor"), and , as
Surety, are held and firmly bound unto the City of Carlsbad, in the sum of
Dollars ($ ), said sum being
equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid
to City or its certain attorney, its successors and assigns; for which payment, well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor,
their heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions, and agreements
in the Contract and any alteration thereof made as therein provided on their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City
of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation,
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive
notice of any change, extension of time, alterations or addition to the terms of the
Contract, or to the work or to the specifications.
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In the event that Contractor is an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this Executed by SURETY this day of
day of ,19_.
CONTRACTOR: SURETY:
(Name of Contractor) (Name of Surety)
By:
(sign here) Signature of Attorney-in-Fact
(print name here) Printed name of Attorney-in-Fact
(attach corporate resolution showing
(title and organization of signatory) current power of attorney)
By:
(sign here)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Acting City Attorney
By:
KAREN J. HIRATA
Deputy City Attorney
CN2O1O.EO REV. 7130,92
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter
called "City" and ____________________________________whose
address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by City pursuant to the public works contract entered into
between the City and Contractor for in the amount
of dated (hereinafter
referred to as the "Contract"). A copy of said contract is attached as Exhibit "A".
When Contractor deposits the securities as a substitute for Contract earnings, the
Escrow Agent shall notify the City within ten (10) days of the deposit. The market
value of the securities at the time of the substitution shall be at least equal to the
cash amount then required to be withheld as retention under the terms of the
Contract between the City and Contractor. Securities shall be held in the name of
City of Carlsbad and shall designate the Contractor as the beneficial owner. Prior
to any disbursements, Escrow Agent shall verify that the present cumulative market
value of all securities substituted is at least equal to the cash amount of all
cumulative retention under the terms of the Contract.
2. The City shall make progress payments to the Contractor for such funds which
otherwise would be withheld from progress payments pursuant to the Contract
provisions, provided that the Escrow Agent holds securities in the form and amount
specified above.
3. Alternatively, the City may make payments directly to Escrow Agent in the amount
of retention for the benefit of the City until such time as the escrow created
hereunder is terminated.
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4. Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the escrow account. These expenses any payment
terms shall be determined by the Contractor and Escrow Agent.
S. The interest earned on the securities or the money market accounts held in escrow
and all interest earned on that interest shall be for the sole account of Contractor
and shall be subject to withdrawal by Contractor at any time and from time to time
without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from City to the Escrow Agent that City consents to the withdrawal
of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven (7) days written notice to the Escrow Agent from the City
of the default of the Contractor, the Escrow Agent shall immediately convert the
securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contractor has
complied with all requirements and procedures applicable to the Contract, Escrow
Agent shall release to Contractor all securities and interest on deposit less escrow
fees and charges of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all monies and securities on deposit and payments of fees and
charges.
9. Escrow Agent shall rely on the written notifications from the City and the
Contractor pursuant to Sections 6 through 8 and 10, inclusive, of this agreement
and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's
release and disbursement of the securities and interest as set forth in Sections 6
through 8 and 10.
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10. The names of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of Contractor in connection with
the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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At the time the Escrow Account is opened, the City and Contractor, shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
on the date first set forth above.
For City: Title_______________________________________
Name
Signature
Address
For Contractor: Title_________________________________________
Name
Signature
Address
For Escrow Agent: Title fl
.Name
Signature
Address
I
H.
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33
RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensation
of whatever nature due the Contractor for all labor and materials furnished and for all
work performed on the above-referenced project for the period specified above with the
exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $___________________________
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
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4 ,, I
The Contractor further expressly waives and releases any claim the Contractor may have,
of whatever type or nature, for the period specified which is not shown as a retention
amount of a disputed claim on this form. This release and waiver has been made
voluntarily by Contractor without any fraud, duress or undue influence by any person or
entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and
work due Subcontractors for the specified period have been paid in full and that the parties
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title:
By:
Title:
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a
MAP OF AREA
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar
import are used, it shall be understood that reference is made to the plans accompanying
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it
shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be
understood to mean "as required to properly complete the work as required and as
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar import
are used, it shall be understood such words are followed by the expression "in the opinion
of the Engineer," unless otherwise stated. Where the words "approved," "approval,"
"acceptance," or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense,
shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that
the Contractor, at her/his expense, shall furnish and install the work, complete in place and
ready to use, including furnishing of necessary labor, materials, tools, equipment, and
transportation.
CNT92010.E0 REV. 7t30i2
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36
1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer- the Project Manager for the City of Carlsbad or his approved representative
24 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in
the latest revision of U.S. Department of Treasury Circular 570.
Modify. Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bond"
(Material and Labor Bond) shall be for not less than 50 percent of the contract price to
satisfy claims of material suppliers and of mechanics and laborers employed by contractor
on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by the
Contractor during the course of this project. Both bonds shall extend in full force and
effect and be retained by the City for a period of one (1) year from the date of formal
acceptance of the project by the City.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide of
at least A-:V and are authorized to conduct business in the state of California and are listed
in the official publication of the Department of Insurance 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 Works
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
CNT92010.EO REV. 7t3O2
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The Construction Plans consist specifically of Section V, Special Provisions, of the contract
documents for the Maintenance of Buena Vista Channel, Contract No. U/M 92-5.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's
direction, the Contractor, shall obtain and distribute the necessary copies of such
instruction, including two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set of
transparent sepias, which shall be corrected daily and show every change from the original
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this
purpose may be obtained from the City at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer upon
completion of the work.
3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
§ 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a
contractor and a public agency when the public agency has elected to resolve any disputes
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil
Code, except that "public work" does not include any work or improvement contracted for
by the state or the Regents of the University of California.
CNT92010.EO REV. 7130/92
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M.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B)
payment of money or damages arising from work done by or on behalf of the contractor
pursuant to the contract for a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment
of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
§ 20104.2. Claims, requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in writing to any written claim within 45 days of receipt of the claim, or may
request, in writing, within 30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims the local agency may have against
the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or
within a period of time no greater than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in.
writing to all written claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional documentation supporting
the claim or relating to defenses or claims the local agency may have against the claimant.
CN192010.EO REV. 7t30,92
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(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or
within a period of time no greater than that taken by the claimant in producing the
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails
to respond within the time prescribed, the claimant may so notify the local agency, in
writing, either within 15 days of receipt of the local agency's response or within 15 days
of the local agency's failure to respond within the time prescribed, respectively, and
demand an informal conference to meet and confer for settlement of the issues in dispute.
Upon a demand, the local agency shall schedule a meet and confer conference within 30
days for settlement of the dispute.
(e) If following the meet and confer conference the claim or any portion remains in
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of
the Government Code. For purposes of those provisions, the running of the period of time
within which a claim must be filed shall be tolled from the time the claimant submits his
or her written claim pursuant to subdivision (a) until the time the claim is denied,
including any period of time utilized by the meet and confer conference.
§ 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive
pleadings, the court shall submit the matter to nonbinding mediation unless waived by
mutual stipulation of both parties. The mediation process shall provide for the selection
within 15 days by both parties of a disinterested third person as mediator, shall be
commenced within 30 days of the submittal, and shall be concluded within 15 days from
the commencement of the mediation unless a time requirement is extended upon a good
cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration.
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(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in
construction law, and (B) any party appealing an arbitration award who does not obtain
a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney's fees on appeal of the other party.
§ 20104.6. Payment by local agency of undisputed portion of claim; interest on
arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal
rate on any arbitration award or judgment. The interest shall begin to accrue on the date
the suit is filed in a court of law.
§ 201048. Duration of article; application of article to contracts between Jan. 1, 1991
and Jan. 1, 1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date is
repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes
or extends that date.
(b) As stated in subdivision (c) of Section 201.04, any contract entered into between
January 1, 1991, and January 1, 1994, which is subject to this article shall incorporate this
article. To that end, these contracts shall be subject to this article even if this article is
repealed pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall, be under the observation of the Engineer or his appointed representative.
The Engineer shall have free access to any or all parts of work at any time. Contractor
shall furbish Engineer with such information as may be necessary to keep her/him fully
informed regarding progress and manner of work and character of materials. Inspection
of work 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 cost of testing
materials and/or workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications and the Special Provisions. The cost
of all other tests shall be borne by the Contractors. c9
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At the option of the Engineer, the source of supply of each of he materials shall be
approved by him before the delivery is strted. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after trial, it is found
that sources of supply which have been approved do not furnish a uniform product, or if
the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. After improper storage, handling or any
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and
the SSPWC. Compaction tests may be made by the City and all costs for tests that meet
or exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans or
specifications upon written order by the Engineer. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known records,
endeavored to locate and indicate on the Plans, all utilities which exist within the limits
of the work. However, the accuracy of completeness of the utilities indicated on the Plans
is not guaranteed.
5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service
connection, desired by the Contractor for his/her own convenience shall be the Contractor's
own responsibility, and he/she shall make all arrangements regarding such work at no cost
to the City. If delays occur due to utilities relocations which were not shown on the Plans,
it will be solely the City's option to extend the completion date.
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In order to minimize delays to the Contractor caused by the failure of other parties to
relocate utilities which interfere sçith the construction, the Contractor, upon request to the
City, may be permitted to temporarily omit the portion of work affected by the utility. The
portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the City.
64 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
The prime contractor is required to prepare in advance and submit at
the time of the project preconstruction meeting a detailed critical path
method (CPM) project schedule. This schedule is subject to the review
and approval of the City.
2. The schedule shall show a complete sequence of construction activities,
identifying work for the complete project in addition to' work requiring
separate stages, as well as any other logically grouped activities. The
schedule shall indicate the early and late start,, early and late finish,
50% and 90% completion, and any other major construction
milestones, materials and equipment manufacture and delivery, logic
ties, float dates, and duration.
3. The prime contractor shall revise and resubmit for approval the
schedule as required by City when progress is not in compliance with
the original schedule. The prime contractor shall submit revised
project schedules with each and every application for monthly progress
payment identifying changes since the previous version of the
schedule.
4. The schedule shall indicate estimated percentage of completion for
each item of work at each and every submission.
5. The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to
withhold up to 10% of the monthly progress payment otherwise due
and payable to the contractor until the 'schedule has been submitted
by the prime contractor and approved by City as to completeness and
conformance with the aforementioned provisions.
No changes shall be made to the construction schedule without the prior written approval
of the Engineer. Any progress payments made after the scheduled completion date shall
not constitute a waiver of this paragraph or any damages.
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Coordination with the respective utility company for removal or relocation of conflicting
utilities shall be requirements prior to commencement of work by the Contractor.
6-7 TIME OF COMPLETION
The Contractor shall begin work within five (5) calendar days after receipt of the "Notice
to Proceed" and shall diligently prosecute the work to completion within twenty-five (25)
consecutive days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:00 a.m. and
sunset, from Mondays through Fridays. The contractor shall obtain the approval of the
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of
the Engineer. This written permission must be obtained at least 48 hours prior to such
work. The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion"
and any faulty work or materials discovered during the guarantee period shall be repaired
or replaced by the Contractor, at his expense.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250.00 per
day for each day beyond the completion date as liquidated damages for the delay. Any
progress payments made after the specified completion date shall not constitute a waiver
of this paragraph or of any damages.
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7-3 LIABILiTY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of
at least A-:Vand are authorized to conduct business in the state of California and are listed
in the official publication of the Department of Insurance of the State of California.
74 WORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in the
State of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the
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-way,
grading, and building permits necessary to perform work for this contract on City property,
in streets, highways (except State highway right-of-way), railways or other rights-of-way.
Add the fàllowing:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days
at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers
in good repair when in use on the project with special attention to City Noise Control
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. (0
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7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 740.4, Public Safety:
7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work
and shall comply with all applicable provisions of Federal, State and Municipal safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent to the
premises where the work is being performed. He/she shall erect and properly maintain at
all time, as required by the conditions and progress of the work, all necessary safeguards
for the protection of workers and public, and shall use danger signs warning against
hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and
Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel beds,
for use in the proposed construction project which would be subject to Section 1601 or
Section 1603 of the Fish and Game Code, such conditions or modifications established
pursuant to Section 1601 of the Fish and Game Code shall become conditions of the
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount
of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perform
necessary surveying for this project. Requirements of the Contractor pertaining to this item
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying
service within appropriate items of proposal. No separate payment will be made.
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Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50'
intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers,
sewers, storm drains, and structures (4 corners min.). Rough grade as required to satisfy
cut of fill to finished grade (or flow line) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Section
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
construction of surveyed item.
11 WATER FOR CONSTRUCFION
The Contractor shall obtain a construction meter for water utilized during the construction
under this contract. The Contractor shall contact the appropriate water agency for
requirements. The contractor shall include the cost of water and 'meter rental within
appropriate items of the proposal. No separate payment will be made.
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H. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION MATERIALS
(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and work
comprise the technical or detail specifications and must be tailored to each project using
the design engineer's experience and judgment. The Standard Special Provisions by the
Regional Standards Committee is a good reference.)
200-2 UNTREATED BASE MATERIAL
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag base
(Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-1.2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: cement to be used or furnished shall
be low alkali and shall be either Type I or Type II Portland Cement conforming to ASTM
C 150, or Type IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, unless
otherwise specified."
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace "1,000 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of
sulfates."
Third paragraph replace "800 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of sulfates."
(b) Air-entraining Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowed.
The air content of freshly mixed concrete will be determined California Test Method No.
504."
Modify Section 201-1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" Also
delete table.
Modify Section 201-1.4.3, Transit Mixers, as follows:
0
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REV. 7130192
. )
Add after listing of information for weighniaster's certificate: "Transit mixed concrete may
be certified by mix design number, provided a copy of the mix proportions are kept on ifie
at the plant location for a period of 4 years after the use of the mix."
201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
203-6 and 4004 ASPHALT CONCRETE
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type III C3-AR 4000.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete "and from the Engineer's field laboratory."
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, and any
other asphalt concrete stored in excess of 18 hours, shall not be used in the work."
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving grade
asphalt shall be used for Type III asphaltic concrete, and AR-8000 paving grade asphalt
shall be used for asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: "The total amount of material passing the No. 200 sieve shall be determined by
washing the material through the sieve with water. No less than 1/2 of the material
passing the No. 200 sieve by washing shall pass the No. 200 sieve by dry sieving."
Add the following paragraph: "Fine aggregate shall be tested for soundness in accordance
with ASTM D-1073, and shall not exceed fifteen 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 No.
Calif. 217."
CNT92010.EO REV. 7/30i9
49
Fourth paragraph, amend table to read:
TYPE III ASPHALT CONCRETE
CLASS B2 B3
SIEVE INDIVIDUAL MOVING INDIVIDUAL MOVING
SIZES TEST RESULT AVERAGE TEST RESULT AVERAGE
1" (25 mm) 100 100 100 100 3/4" (19 mm) 87-100 90-100 90-100 95-100 1/2" (13 mm) 75-95 80-90 85-100 85-95 3/8" (10 mm) 50-80 60-75 60-84 65-80 No. 4 30-60 40-55 40-60 45-60 No. 8 22-44 27-40 24-50 30-45 No. 30 8-26 12-22 11-29 15-25 No. 22 1-8 3-6 1-9 3-7
Asphalt % 4.6-6.0 4.6-6.0
Also, in Table "Type III Asphalt Concrete," change percent passing sieves as follows:
Class D - Change % Passing No. 200 to 5-12
Add the following: "Table of Sand Equivalent and Cleanness Values" and modify the sand
equivalent value in the first paragraph and in the table of requirements in Section 400-4.3
to the values as noted in this added table."
Table of Sand Equivalent and Cleanness Values
Mix Sand
Cleanness
Size Equivalent (Mm.) Value (Mm.)
D 45 Individual 55 Individual
50 Moving Average 60 Moving Average
C 50 Individual 60 Individual
B 50 Individual
60 Individual
(5
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REV. 7130/92
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After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type III, except for the bin
containing the fine material shall have a Cleanness Value as noted in the added "Table of
Sand Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 227,
modified as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind and
will not be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loading of
the entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diameter,
No. 8 sieve.
Where a coarse aggregate bind contains material which will pass the maximum size
specified and be retained on a 3/8 inch sieve, the test specimen weight and volume of
wash water specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after discharge
from each bin of the batching plant or immediately prior to mixing with asphalt in the case
of continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately computed
and reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: 'When the Contractor adds supplemental fine aggregate, each
such supplemental fine aggregate used shall be stored separately and kept thoroughly dry.
204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction grade Redwood, or treated
construction grade Douglas Fir.
201-2 TREATMENT WITH PRESERVATIVES
No change.
207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3,207-2.1, is waived.
210-1 PAINT
Paint for striping shall be white. c19
CN1'92010.EO REV; 7!3Oi
- e.
ffi. SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION METHODS
51
301-2 UNTREATED BASE
No change.
302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat is required and shall conform
the Section 302-5.9 of these supplemental provisions.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace "Section 203-6" with "Section 400-4."
Last paragraph, add: "All testing of underground installations at any given point shall be
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-250" add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
"Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer.:
CNT92010.E0
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52
After last paragraph, add: "Unless directed by otherwise the Engineer, the initial
breakdown rolling shall be followed by 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 for
asphalt concrete.
Add the following:
302-5.9. Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal coat
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphaltic
emulsion shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand shall
be clean and dry.
Immediately before applying Asphaltic emulsion, the surface to be seal-coated shall be
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be applied
when the street is overly wet or when the atmospheric temperature is below 50 degrees
Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that uniformly
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. The
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. Curbs,
gutters, and other adjoining improvements shall be carefully protected from the emulsion,
and any such improvements spattered or touched with emulsion shall be carefully cleaned.
Immediately after the application of asphaltic emulsion, a cover coat of sand shall be
spread at the rate of 6 to 12 pounds per square yard. After the sand has been spread, any
piles, ridges, or uneven distribution shall be broomed to maintain an even layer over the
surface. Five days after the seal coat has been applied, the surface shall again be broomed
and any excess sand shall be picked up and removed from the job. The Engineer may
authorize the sand to be broomed, picked up and removed from the job after 2 or more
days.
303-2 AIR-PLACE CONCRETE
No changes.
CNT92010.EO REV. 7t3092
53
306-1 OPEN TRENCH OPERATIONS
18" RCP shall have a minimum cover of one (1) foot below finished grade. Bedding may
be aggregate base per these specifications.
Compaction shall be a minimum of 90% density and backfill shall be mechanically
compacted.
310-5 PAINTING VARIOUS SURFACES
Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and Curb
Markings, as follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documents.
0
CNT92O1O.EO REV. 7130i92
54
N. SPECIAL PROVISIONS FOR
CLEARING BUENA VISTA CHANNEL
1. The area of work shall be limited to the northernmost 70% of the width of the
Buena Vista Channel from the Haymar Street Bridge proceeding westerly to the
Jefferson Street Bridge. All vegetation remaining in the southerly 30% of the width
of the Channel must be preserved as required by the State of California Department
of Fish and Game.
2. The Contractor shall dredge and remove silt and plant vegetation from the limits of
the Buena Vista Channel so as to re-establish a relatively consistent grade for the
Channel bed from the present elevation of the concrete apron of the Haymar Street
Bridge to the present elevation of the concrete apron of the Jefferson Street Bridge.
3. The dredging operation will consist of removing cattails, bulrushes, silt, and all
foreign material deposited within the limits of the Buena Vista Channel. Work shall
include the timely disposal, by the Contractor, of all spoils removed from the
Channel allowing sufficient time for adequate drying of material prior to disposal.
All material will be placed for de-watering in an area that is a minimum of 150'
from the Channel and where the material cannot re-enter the Channel.
Private property adjacent to the channel may be made available for drying
purposes. However, all arrangements and required fees must be made
between the property owner and the contractor. All costs should be included
in the bid price.
4. A 100' buffer zone of vegetation will be left intact upstream from the concrete
apron of the Jefferson Street Bridge. Clearing can be done upstream from the buffer
zone. The buffer is a catchment area to trap siltation from the upstream work.
After work is complete upstream of the buffer zone, the water will be left for at
least one full day to allow siltation to collect in the buffer zone before the buffer
zone is removed.
5. The cleaning period of the Buena Vista Channel shall be from January 15 to
November of each year. In case an emergency is declared, the City Manager may
authorize cleaning of the Channel at his discretion.
CNT92O10.E0 U/M Rev. 8-11-92
. '
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55
6. The Contractor shall be responsible for applying for all permits and agreements
necessary to complete the work as required by the City of Carlsbad and the City of
Oceanside. Payment for work and all fees to remove and dispose of material is to
be included in the bid price.
7. Truck routes, disposal sites, traffic control, and all work methods must be approved
by the Utilities and Maintenance Director or his representative prior to the start of
work.
8. Sweeping of haul routes, if deemed necessary by the Utilities and Maintenance
Director, will be the responsibility of the Contractor. Sweeping costs should be
included in the bid price. No separate payment will be made.
Contractor will be furnished a list of all property owners adjacent to the
02 channel boundary and it shall be the contractor's responsibility to notify the
property owners of the scheduled work dates and of the type of work to be
done prior to the start of the job.
CN2O1O.EO U/MRev. 8-11-92
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San Diego Coast District 2\\4' 11TIt 3111 Camino Del Rio North, Suite 200 R_IL
San Diego CA 92108-1725
(619) 521-8036
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