HomeMy WebLinkAboutBond Blacktop Inc; 2004-06-29; 3667-8DOC # 2005-051 3381
Recording requested by: )
) CITY OF CARLSBAD JUN 20,2005 8:25 AM
OFFICIAL RECORDS SAN DIEGU CUUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECURDER
When recorded mail to: 1
)
City Clerk )
1200 Carlsbad Village Dr. 1
FEES 0 UU
?\ k' City of Carlsbad 1 PAGES 1
>?,
F
Carlsbad, CA 92008
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee. -
5. A work of improvement on the property hereinafter described was completed on November
1, 2004.
6. The name of the contractor for such work of improvement is Bond Blacktop.
7. The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the 2003/04 Street Sealing
Project, Project No. 3667-8.
CITY OF CARLSBAD ALfld GLENN PRUlM
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2005, accepted the California, 92008. The City Council of said City on
above described work as completed and ordered that a Notice of Completion be filed.
June 7
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 8 , 2005, at Carlsbad, California.
City Clerk
CITY OF CARLSBAD r" 3,
/
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
2003104
Street Sealing Project
CONTRACT NO. 3667-8
*
i a Revised 10/08/03 Contract No. 3667-8 Page 1 of 91 Pages
. . Item
TABLE OF CONTENTS
Paae
Notice Inviting Bids ..................................................................................................................
Contract or's Proposal ..............................................................................................................
Bid Security Form ....................................................................................................................
Bidder's Bond To Accompany Proposal ...................................................................................
Guide For Completing The "Designation Of Subcontractors" Form ..........................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ...............................
Bidder's Statement Of Financial Responsibility ........................................................................
Bidder's Statement Of Technical Ability And Experience ..........................................................
Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
Liability And Workers' Compensation .......................................................................................
Bidder's Statement Of Re Debarment ......................................................................................
Bidder's Disclosure Of Discipline Record .......................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ............................
Contract Public Works .............................................................................................................
Labor And Materials Bond ........................................................................................................
-
Faithful PerFormanceNVarranty Bond .......................................................................................
Optional Escrow Agreement For Surety Deposits in Lieu Of Retention ....................................
6
10
18
19
21
23
24
25
26
27
28
30
31
37
39
41
@ Revised 10/08/03 Contract No . 3667-8 Page 2 of 91 Pages
.I SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1 '
1-1 Terms .............................................................................................................. 44
1-2 Definitions ........................................................................................................ 44
1-3 Abbreviations ................................................................................................... 45
Terms. Definitions Abbreviations And Symbols
Section 2
2-3 Subcontracts .................................................................................................... 46
2-4 Contract Bonds ................................................................................................. 46
2-5 Plans And Specifications ................................................................................. 47
Scope And Control Of The Work
2-9 Surveying ......................................................................................................... 49
2-1 0 Authority Of Board And Engineer ..................................................................... 52
Section 3 Changes In Work
3-2 Changes Initiated by the Agency ..................................................................... 53 3-3 Extra Work ....................................................................................................... 53
3-4 Changed Conditions ........................................................................................ 54
3-5 Disputed Work ................................................................................................. 55
Section 4 Control Of Materials
4- 1 Materials And Workmanship ............................................................................ 57
4-2 Materials Transportation. Handling and Storage ............................................... 58 .
Section 5 Utilities 5- 1 Location ........................................................................................................... 58
5-4 Relocation ........................................................................................................ 59
Section 6
6- I Construction Schedule And Commencement Of Work ...................................... 59
6-2 Prosecution Of Work ........................................................................................ 59
6-6 Delays And Extensions Of Time ...................................................................... 60
6-7 Time of Completion .......................................................................................... 60
6-8 Completion And Acceptance ............................................................................ 60
6-9 Liquidated Damages ........................................................................................ 61
Prosecution. Progress And Acceptance Of The Work
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Responsibilities Of The Contractor
Liability Insurance ............................................................................................. 61
Workers' Compensation Insurance .................................................................. 61
Permits ............................................................................................................ 61
Cooperation and Collateral Work ..................................................................... 62
Project Site Maintenance ................................................................................. 62
Public Convenience And Safety ....................................................................... 62
Laws To Be Observed ..................................................................................... 67
Section 9 Measurement and Payment
9- 1 67
9-3 Payment ........................................................................................................... 67
Measurement Of Quantities For Unit Price Work .............................................. .
@ Revised 10/08/03 Contract No . 3667-8 Page 3 of 91 Pages
Part 2 Construction. Materials
Section 200 Rock Materials
200-2 Untreated Base Materials ........................... ....................................................
-
Section 201
201-1 Portland Cement Concrete ......................... .................................................... Concrete, Mortar And Related Materials
Section 203 Bituminous Materials
203-5 Emulsion-Aggregate Slurry ......... . .. .... ..... ..... ... ... ... .. ..... .. ... ... ..... . .. ..... ....... .... . ...
203-6 Asphalt Concrete ......................................... ....................................................
203-1 2 Asphalt Rubber and Aggregate Membrane . ................................... : ....... .........
203-1 3 Asphalt Pavement Crack Sealants ............... ....................................................
Section 206 Miscellaneous Metal Items
206-7 Traffic Signs ................................................. ....................................................
Section 21 0
21 0-1
21 0-3
Paint And Protective Coatings
Paint ..... .... ..... ... ..... .. . ..... .. ..... .................. .. ... ........ .. ..... .. .... .. ... ... .. ......... ..... . .... ..
Galvanizing . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 21 2
212-1
Landscape And Irrigation Materials
Landscape Materials.. ... .. ... ..... ............ ......... ... ...... ..... ... .. ........... . ..... ..... .. ..... .. ..
_- Section 21 4 Pavement Markers
214-5 Reflective Pavement Markers ...... ...... ........ .. .. ... . .. ... .. ........ ..... ... ... ... ... ..... .. ..... ..
PART 3 Construction Methods
Section 301
301-1
Treated Soil, Subgrade Preparation and Placement of Base Material
Subgrade Preparation. .. .. ... ......... ........ ... ... .. .... ........ .. ... .. ........ .... .. ... ... ..... ... ..... ..
Section 302 Roadway Surfacing
302-4
302-1 0
302-1 1
Emulsion-Aggregate Slurry ...... .... ... ........... ..... ... ... ........ ..... ..... . ... .. ... ... ..... ... ... ...
Asphalt Rubber Aggregate Membrane ..............................................................
Asphalt Concrete Pavement Crack Filling and Sealing ... ... .. . .. . .. ... ..... ...... ....... .
Section 303
303-5
Concrete And Masonry Construction.
Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
Access Ramps, And Driveways . ... . . . . . . .. . .. . . . .. . . . . . . . . . . . . .. . . . . . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . .. ..
Section 31 0 Painting
31 0-5 Painting Various Surfaces ..... ........... .. ... ...... ... ..... . .... . .... ...... ... ... ... .. . .............. ...
Section 31 2
312-1
Pavement Marker Placement And Removal
Placement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70
71
71
72
73
73
74
76
76
77
77
79
79
82
83
84
85
86
@ Revised 10/08/03 Contract No. 3667-8 Page 4 of 91 Pages
~~~ ~
Section 313
31 3-1 Temporary Traffic Pavement Markers ............................................................... 86
31 3-2 Temporary Traffic Signing ................................................................................ 87
31 3-3 87
31 3-4 Measurement And Payment .............................................................................. 89
Temporary Traffic Control Devices
Temporary Railing (Type K) And Crash Cushions ............................................
-
PART 6
Section 600
600-3 Rubberized Emulsion - Aggregate Slurry ......................................................... 90
Modified Asphalts, Pavements and Processes
Appendix A
Resident Notification Example ........................................................................... 91
Revised 10/08/03 Contract No. 3667-8 Page 5 of 91 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO P.M. on April 22, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: The sealing of various streets
throughout the City.
CONTRACT NO. 3667-8
2003/04 Street Sealing Project
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the (Engineering) Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2003 Edition, and
supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses. F
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
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 10263), 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 10263 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 escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
r‘
4- 64 Revised 10/08/03 Contract No. 3667-8 Page 6 of 91 Pages
- 1. Contractor's Proposal 2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the
City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of
this contract. 10.Bidder' s Statement Re Debarment 1 1 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
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
$960,000.
Except as provided herein 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. 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. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, C12, C32
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.
F
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
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 file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
-
Revised 10/08/03 Contract No. 3667-8 Page 7 of 91 Pages
workers employed by him or her in the execution of the Contract. r
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 City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
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.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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 until they are released as stated in the
Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance
carrier admitted and authorized to transact the business of insurance in California and whose assets
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
P
43 Revised 10/08/03 Contract No. 3667-8 Page 8 of 91 Pages
P Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) 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.
Workers' 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.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2004-061,
adopted on the 2"d day of March, 2004.
c
A
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: March IO, 2004
em &# Revised 10/08/03 Contract No. 3667-8 Page 9 of 91 Pages
CITY OF CARLSBAD
CONTRACT NO. 3667-8
2003/04 STREET SEALING
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, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3667-8 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the
following unit prices for each item complete, to wit:
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, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3667-8 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the
following unit prices for each item complete, to wit:
Item - No.
1
2
DescrirAion
Approximate
Quantity Unit
and Unit Price
Mobilization 1 LS
Gj.jv ode dtm~am&-e*
kuLdrd ap* 3-zmCrvt.
Public Notification of Street W rk 1 LS G/ Us -d,dP L. 0 s'O.00
fl#d 2CPbFCr/h/
Dollars (Lump Sum)
_SIX 7%#3 "&t*o/4EIY 21 /AS J
Dollars (Lump Sum) - tg Revised 10/08/03 Contract No. 3667-8 Page 10 of 91 Pages
Sawcut, remove and dispose roadway
section IO" Thick)
308 CY
rCIlrrJ !+f Adderd d
31KL fl,&S.t Dollaryper Cubic Yard
2.9/ 9980 SF
Dollars per Square Foot
30,000 LF
/
Dollars (Lump Sum)
c Rubberized Emulsion Aggregate Slurry 89,400 GAL
*a JdlL rs FNtwrcAfr ructe& RPME
Dollars per Gallon
Asphalt Rubber Aggregate Membrane
(Specialt It ) 1
85,600 SY
///cr ciy,/Ed 9 Srtte A/
Dollars per Square Yard
73.260. o* 9 Type II Emulsion Aggregate Slurry 600 ELT
Dollars per Square Yard
10 Protect Utility Covers, Manholes, and
Monume
1,457 EA L2'6r2 4W
Dollars Each
3. JV 11
12
Dollars Each
76-4.00 76% b6 1 LS
Dollars (Lump Sum) .-
e
Revised 10/08/03 Contract No. 3667-8 Page 11 of 91 Pages
71. &9 400 LF
3600 LF
200 LF
2600 LF
600 LF
Paint 4” Double Yellow Centerline per
Dollars per Lineal Foot
14 -_ Paint 4” Double Yellow Centerline per
/
Dollars per Lineal Foot
15 Paint 4” Lane Line per Caltrans
Standard Detail 12
r3rJ bW &&&fa
Dollars per Lineal Foot
16 Paint 6” White Bike Lane Line per
Dollars per Lineal Foot
17 Paint 6” White Bike Lane Line per
Dollars per Lineal Foot
_--
18
Dollars per Lineal Foot
19 52 EA
10 EA
Paint 12” White Limit Line per Caltrans
Dollars Eacd
20 Paint 12” Two-Line Crosswalk (White
Dollars Eactf
21 Paint “STOP” Pavement Legend 59 EA
f’
Dollars cach
.- 22 Paint “STOP AHEAD Pavement 2 EA
r) *C
Dollars Each -
-
.-
I f8 Revised 10/08/03 Contract No. 3667-8 Page 12 of 91 Pages
23
24
25
26
27
28
29
30
31
Pa in t ‘3 I G NAL AHEAD” Pavem ent
-Dollars Ea&
Paint “DO NOT ENTER WRONG WAY Pavement Legend
Paint “FIRE LANE KEEP CLEAR
Dollars Each/
Paint Bike Lane Pavement Legend and Arrow per Caltrans Standard A24D
Dollars Each
Paint Disabled Person Parking Symbol per Caltrans Standard A24C
Paint Type I Pavement Arrow per Caltrans Standard A24A
Dollars Each
Paint Type IV (L) Pavement Arrow per Caltrans Standard A24A
Paint Type VI1 (R) Pavement Arrow per Caltrans Standard A24A
[I& b-5 d
/Vd/lef-/ f“r.V)(S Dollars EaEh
Paint “25” Pavement Legend
(Thermoplastic) , a,.
/ / 4?+ d@/AI.S f /d, t/’y
Dollars Each
1 EA
1 EA
2 EA
4 EA
2 EA
4 EA
2 EA
1 EA
3 EA
Y07, dd
70. ,?E
9/. ru
@ Revised 10/08/03 Contract No. 3667-8 Page 13 of 91 Pages
c
OPENED, WITNESSED AND RECORDED:
-..
6. 37A4 Y3,63/. 2.6- - DATE 32 Remove and Replace 4 PCC 6,750SF
Sidewalk per SDljSD G-7 at
Dollars per Square Foot
- d/*d&rs c 6 eUeN &e&
33 Remove and Replace 5.5" PCC 885 SF 6. Pd C /d4.S-d Driveway Approach per SDRSD G-14 I
Dollars per Square Foot
and Gutter per SDRSD G-2 a 34 Remove and Replace Type G Curb 114 SF 32,6 s,.. 3- 722./0
/d/LL)oy *o dd//Q)^C 2 Ad fwc CCwnLS
Dollar6 per Square Foot
+* A t-6 ddL-,s F: /u/pe de* 4
Total amount of bid in numbers: $ 902 ;? &2. 69
- Price(s) given above are firm for 90 days after date of bid opening.
.-
Addendum(a) No(s).
proposal.
hadhave been received and Ware included in this
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing 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 City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 746432 , classification "A" Gen. EIIE. which expires on
02/28/06 , and that 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 nonresponsive and shall be rejected by the City 5 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 5 201 04.
I
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 @ Revised 10/08/03 Contract No. 3667-8 Page 14 of 91 Pages
License Detail Page 1 of 2
lclassl KI
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 746432
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
P'' ~-
DISCLAIMER
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action
information.
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071.1 7, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
Description
GENERAL ENGINEERING CONTRACTOR
-
Extract Date: 04/22/2004
* * * Business Information * * *
BOND BLACKTOP INC
P 0 BOX 616
UNION CITY, CA 94587
Business Phone Number: (510) 441-9981
Entity: Corporation Issue Date: 02/27/1998 Expire Date: 02/28/2006
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
,.-
I * * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number CLB2706771 in
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 4/22/2004
License Detail Page 2 of 2
. .- the amount of $10,000 with the bonding company
PLAlTE RIVER INSURANCE COMPANY.
Effective Date: 01/01/2004
Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
EDWARD DEAN DILLON certified that he/she owns 10 percent or more of the voting
stock/equity of the corporation. A bond of qualifying individual is not required.
Effective Date: 02/13/2001
BQl's Bonding History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 571-0010713 Effective Date: 10/01/1997 Expire Date: 10/01/2004
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
6 2003 State of California. Conditions of Use Privacy Policy
4/22/2004
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 746432
Click on the person's name to see a more detailed page of information on that person.
Name Association Disassociation More Title Date Date Class
WILLIAM TRAVIS BOND P/S/T 02/27/1998
EDWARD DEAN
DILLON RMON 02/27/1998 A More
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
Q 2003 State of California. Conditions of Use Privacy Policy
41 2212004
I_ 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
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.
"I
10% Bidder' s Bond
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.
.-
A e Revised 10/08/03 Contract No. 3667-8 Page 15 of 91 Pages
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
City and State
(Street and Number)
(4) Zip Code Telephone No. -
(5) E-Mail
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
City and State
(Street and Number)
- (4) Zip Code Telephone No.
(5) E-Mail
c
@ Revised 10/08/03 Contract No. 3667-8 Page 16 of 91 Pages
-
”.--
e
c
-.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted Bond Blacktop, Inc.
(2) - (Signature)
Edward Dillon. President
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of California
(4) Place of Business
City and State
1147 Atlantic St.
Union City CA 94587
(Street and Number)
(5) Zip Code 94587 Telephone No. (510) 441-9981
(6) E-Mail fiK 516 ~ y Y I -9qr2
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED J
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:
Edward Dillon, President / Secretary
--
I
Revised 10/08/03 Contract No. 3667-8 Page 17 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Alameda } ss.
On April 20, 2004 before me, Amy Matteis, Notary Public
personally appeared Edward Dillon
Date Name and litk of Onlcsr (e g "Jane Doe. Notary Publr')
-1 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s), or
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of fbis form to another documenf.
Description of Attached Document
Title or Type of Document: City of Carlsbad, Bid Docs
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual .-
- - Corporate Officer - Title(s):
- Attorney-in-Fact 2 Trustee
C Guardian or Conservator
fl Other:
- Partner - El Limited 1 General -
Signer Is Representing: I
0 1999 National Notary Association - 9350 De Solo Ave PO Box 2402 - Chatsworth. CA 91 31 3-2402 www nationalnolary 0'9 Prcd No 5907 Reorder Call Toll-Free 1-800-876-6827
/-- BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3667-8
2003/04 STREET SEALING
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars($ )I this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed-the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bid.)
a Revised 10/08/03 Contract No. 3667-8 Page 18 of 91 Pages
@ 002/003 ---__ 03/18/2004 11:42 FAX 510 441 9982 BOND BLACKTOP, In :
-I , .. -
BIDDER'S BOND TO ACCOMPANY PROPOSAL
2003/04 STREET SEALING
CONTRACT NO. 3667-8
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Bond Blacktop, Inc.
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) Ten Percent (10%) Of Bid 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.
, as principal, and Great American Insurance Company
1
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal fci:
2003/04 STREET SEALING PROJECT
CONTRACT NO. 3667-8
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 forfeiied to the said City.
,.. ...
I..
I.. ... ... .-. ...
h,.
... ... ...
..- ...
I..
I..
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'3 Revised 10/08/03 Contract No. 3667-8 Page I9 of 91 Pages
03/18/2004 11:42 - FAX .-.- 510 441 9982 BOND BLACKTOP. Inc. @l003/003
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.
04 Executed by PRINCIPAL this 23rd day of March 120-.
PRINCIPAL: Bond Blacktop, Inc.
(sign here) Edward Dillon
(print name here)
PresidentISecretary
(Title and Organization of Signatory)
Executed by SURE’PI this 23rd day of March ,2004.
SURETY:
Great American Insurance Company
(name of Surety)
1350 Treat Blvd., Suite 300
Walnut Creek, CA 94596
(address gf Surety) By: (925) 935-9060 (sign here)
(print name here)
(telephone number of Surety)
Jody A. Xhnson (title and organization of signatory)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment 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:
Dephy City Attorrfey\ -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
State of California I
On April 20, 2004 before me, Amy Matteis, Notary Public
personally appeared Edward Dillon
Date Name and Title of Gfficer (e.g., ‘Jane Doe, Notary Public”)
basis of satisfactory
evidence
L
to be the person@) whose name@) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person@), or
the entity upon behalf of which the person(s)
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fom to another document.
Description of Attached Document
Title or Type of Document: City of Carlsbad, Bid Docs
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
I7 Individual
0 Corporate Officer - Title@.):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary Association 9350 De Solo Ave., P.O. Box 2402 * Chatsworth. CA 9131 3-2402 . www.nationalnotaTyorg Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827
California All Purpose
Acknowledgment
State of California
County of San Mateo
On March 23,2004 , before me, Jean L. Neu, Notary Public
Date Name & Title of Officer/Notary
personally appeared Jody A. Johnson
Names($ of Signers@)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notmy Pbbiic - California 3;
Sran fflrawto County
M
(Ehe information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages
Other Signer(s)
h:\docs\surety\forrns\notary.doc
-
? . ’*
..- GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET 0 CINCINNATI, OHIO 45202 e 513-369-5000 e FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than s IX No.0 14125
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attomey- in-fact. for it and in its name. place and stead to execute in behalf of the said Company, as surety. any and all bonds. undertakings and contracts of suretyship. or
other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JEFF PREVOST KATHERINE G. ZEROUNIAN ALL OF
ERIN BAUTISTA JODY A. JOHNSON REDWOOD CITY,
JEAN L. NEU BRYAN D. MARTIN CALIFORNIA
ALL
UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be sign d and att
Attest GREAT AMERICAN INSURANCE COMPANY
y its appropriate officers and its corporate seal hereunto affixed this 30th day of Septemter, YE82
STATE OF OHIO, COUNTY OF HAMILTON - SS:
Onthis 30th day of September 9 . before me personally appeared DOUGLAS R. BOWEN. to me known. - being duly sworn. deposes and says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice Resident of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the
said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by
like authority.
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
RESOLVED: That the Division President, the several Division Mce Presidents and Assistant Kce Presidents. or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behayof the Company, as surery, any and all bonds, undertakings and contracts of sureryshiu. or other written obligations in the nature rhereoj to prescribe their respective duties acd the respective lirnirs of their arctliority; and to
revoke any such appointment at any time.
by unanimous written consent dated March 1.1993.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretaiy of the Company may be aflxed by facsimile to any power of attontqv or certifcare of either given for the execiirioii of any bond, undertaking, contract or siireryship. or orher writren obligation in rhe nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually aflxed.
CERTIFICATION
I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the - Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 2 3r d day of March ,2004
S 1029T (11/01)
.-
Company Profile Page 1 of 2
Company Profile In
GREAT AMERICAN INSURANCE COMPANY
Old Name:
Old Name:
Old Name:
580 WALNUT ST
CINCINNATI, OH 45202
800-724-7722
Former Names for Company
AMERICAN CONTINENTAL INSURANCE COMPANY Effective Date: 12-06-1976
SELECTIVE INSURANCE COMPANY Effective Date: 06- 15- 1972
MANUFACTURERS & MERCHANTS INDEMNITY CO. Effective Date: 09-05-1956
Agent for Service of Process
ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 16691
NAIC Group #: 0084
Date authorized in California:
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: OHIO
California Company ID #: 1301-1
October 17, 1945
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co~prof~utl.get_co_prof?p~EID=32... 4/22/2004
Company Profile Page 2 of 2
,---
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
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Financial Rating: Organizations
Last Revised - April 2 1,2004 1 1 :3 1 AM
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_prof?p~EID=32 ... 4/22/2004
i-
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/I
Reported
MEETING OF THE BOARD OF' DIRECTOKS
BOND & BLACKTOP, INC.
Holland & Knight
50 California Street, Suite 2800
San Francisco, CA 94111.
REPORTER'S TRANSCRIPT OF PROCEEDINGS
APRIL 12, 2004
CERTIFIED COPY
by: LESLIE COOPER, CSR 9215 (348912)
APRIL 12,2004
.---
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__
position of corporate president/secretary but not from
the Board.
(Whereupon, Exhibit A was marked for
iderit i f icd t ion. )
MR. F'ESSLER: I think that; completes the
agenda necessary in order for us to put you in a
position, Ed, to move forward with this transaction on
l'hursday.
Is there anything else that you want to
discuss at this point, Ed?
MR. DILLON: I'd like to get the -- I would
like to have in the minutes of this meeting the Board
authorizing me to continue at any polnt to encumber the
corporation in these contracts because I've run into it
about three times now in the Last few weeks. So it
seems to be an issue with some city attorneys.
MR. KAYLOR: You are the president and the
secretary now.
MR. DILI,ON: I. understand that, but they're
saying they want more t..han one officer to sign
regardless of what the positions are. You can have all
the positions. They want a second signature.
MK. KAYLOR: Can't you sign it twice?
MR. DILLON: 1 tried that too and got them
rejected. They wanted either copies o€ the minutes of
- __ - - __
Legalink San Francisco (415) 350-2040
I
26
APRIL 12,2004
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one of the Board meetings or a letter from my attorneys
explaining that there is only one officer.
So I'm just thinking, as the future goes on,
until the status of this corporation changes, if it's
part of the minutes of .this Board mee.ting, we can
reproduce that and send it out.
MK. FESSLER: Bob, what is the most efficient
way to resolve this?
MR. FREITAS: I'm not sure what the problem
i.s.
MR. FESSLEK: J4pparerit:l.y they' re insisting on
the signature of two officers, and although Ed now
holds all the offices, they won't accept him signing in
two capacit.ies.
MR. SPILLNER: I t.hirik if the Board right now
just affirms on the record that Ed is the sole of-ficer
of --
MR. FESSLEK: I've just signed a document to
that effect.
MR. SPILLNER: -- for t.he City of Sarita Paula.
.I think. Ed is saying if the same situation arises with
a different city, he would like to be able t,o give them
a transcript of this Board meeting in which the Board
affirms on 'the record tha.t, as a general matter, Ed is
the only officer of the corporation and is authorized
I~gdirLk San Francisco (41.5) 359-2040
27
APRIL 12,2004
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to enter into contracts on behalf of the corporation.
MR. FESSLER: As the chairman of the Board, I
wi.11 affirm that that is my underst.anding as the
situation a.ttained at the present time, and this
portion of the Board minutes could be released to any
entity that wishes a verification of that fact.
MR. KAYLOH: You might want: to just have a
certificate from the Chairman of the Board that says --
MR. FESSLER: I'm perfectly willing to execute
that,.
MR. SPILLNER: Bob was just bringing up that
although Travis resigned as president and secretary, Ed
hasn't officially been appointed president and
secret.ary. So maybe we ought to do t.hat on the record
officially .
MR. E'ESSLER: I will move that Edward Dillon
be vested with the office of corporate president and
corporate secretary.
MR. DILLON: 1'11 second it.
MR. FESSLER: Those in favor please say "yes."
MI?. DILLON: Yes.
MR. BOND: Yes.
MI?. FESSLER: I think that's unanimous.
MR. KAYLOR: I think that was done at an
earlier rrleeting though ,for precisely this problem.
Legalink San Francisco (415) 359-2040
28
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-- -----. I_
cErvI FICAT TON
I, LESLIE COOPER, a Ce.r.Li.fied Shorthand
ieporter in .the State of California, hereby certify that
said proceedings were taken at the time arid place
:herein stated; that said proceedings were reported by
ne and thereafter prepared under my direction i.nto
typewriting, by computer; and that the foregoing i:; a
full, complete and true record of said proceedings.
1
LESLIE COOPER, CSR No. ‘32 15
L
I GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORSyy FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC (“Greenbook) and in the Supplemental
Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”,
“Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section 1-2 of the
Supplemental Provisions especially “Own Organization.” Bidders are further urged to review
sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental
Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the “Contractor’s Proposal” are not included in computing
the percentage of work proposed to be performed by the Bidder. .-
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall
be set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information mav result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
I When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE” in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
c
- perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
Revised 10/08/03 Contract No. 3667-8 Page 21 of 91 Pages
- Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
I- 1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
e Revised 10/08/03 Contract No. 3667-8 Page 22 of 91 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
2003/04 STREET SEALING
CONTRACT NO. 3667-8
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR'S BID ITEMS
Lte. 73/233
Subcontractor's License No.*
Page / of / pages of this Subcontractor Designation form -
* Pursuant to section 41 04 (a)(2)(A) California Public Contract Code, receipt of the information
preceded by an asterisk may be submitted by the Bidder up to 24 hours after the dead-
line for submitting bids contained in the "Notice Inviting Bids."
-
-
Revised 10/08/03 Contract No. 3667-8 Page 23 of 91 Pages
I-.
BIDDER'S STATEMENT OF FINANCIAL
(To Accompany Proposal)
CONTRACT NO. 3667-8
2003/04 STREET SEALING
RESPONSIBILITY
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
e Revised 10/08/03 Contract No. 3667-8 Page 24 of 91 Pages
_.-.
BIDDER'S STATEMENT OF
(To Accompany Proposal)
TECHNICAL ABILITY AND EXPERIENCE
CONTRACT NO. 3667-8
2003/04 STREET SEALING
The Bidder is required to state what work of a similar character to that included in the proposed
Contract helshe 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.
Revised 10/08/03 Contract No. 3667-8 Page 25 of 91 Pages
BOND BLACKTOP, INC.
P.O. Box616
Union City, CA 94587
Ph: (510) 441-9981 Fax: (510) 441-9982 Contractor’s License No 746432
COUNTY OF SANTA BARBARA
Public Works Department
123 E. Anapamu Street
Santa Barbara, CA 93101
PROJECT REFERENCES:
Contract #820489
2002/2003 Measure “D” Slurrv Seal
Attn: Jonathan P. Fernandez, R.E.
Phone No.: (805) 681-4992
Completed: February 14, 2003
Contract Amount: $525,000.00
CITY OF FREMONT
,-remont, CA 94537
-? 0. Box 5006
Cape Seal Resurfacing #8195
Attn: John Barron
Phone No.: (510) 713-5718
Completed: September 30, 2003
Contract Amount: $650,000.00
TOWN OF DANVILLE
510 La Gonda Way
Danville, CA 94526
Pavement Slurw Seal Project 20028, C-306
Contact: Don Stanley
Phone No.: (925) 314-3320
Completed: October 2003
Contract Amount: $241,075.00
CITY OF FILLMORE
Central Park Plaza
250 Central Avenue
Fillmore, CA 9301 5-1 907
2002 Slurry Seal Proiect
Spec 02-07
Attn: Thomas G. Scott, P.E.
Phone No.: (805) 524-1500 ext. 232
Completed: May 29, 2003
Contract Amount: $99,793.00
CITY OF SAN MATE0
330 W. 20th Avenue
San Mateo, CA 94403
2003 Citvwide Street Slurrv Seal Ph. 1, 460005
Contact: Mark Hathaway
Phone No. (650) 522-7300
Completed: November 2003
Contract Amount: $168,065.00
CITY OF UPLAND
460 N. Euclid Ave.
Upland, CA 91786
City Wide Slurry Seal 2002/03 - #3516
Attn: Bob Critchfield
Phone No.: (909) 931-4246
Completed: June 30, 2003
Contract Amount: $147,000.00
CITY OF BENlClA
250 East "L" Street
Benicia, CA 94510
2003 Slurry Seal Proiect #03-02
Contact: Lee Cowles
Phone No.: (707) 746-4228
Completed: November 2003
Contract Amount: $67,867.00
BOND BLACKTOP, INC.
P.O. Box 616
Union City, CA 94587
Ph: (510) 441-9981 Fax: (510) 441-9982
Contractor's License No. 746432
COUNTY OF SANTA CLARA
ROADS & AIRPORTS DEPT.
101 Skyport Drive
San Jose, CA 951 10
2003 Slurry Seal Various County Roads
Contact: Phil Jones I Greg Stutz
Phone No.: (408) 573-2428
-0mpleted: September 2003
,ontract Amount: $239,145.00
CITY OF UNION CITY
34009 Alvarado Niles Road
Union City, CA 94587
2002-03 Slurrv Seal Proqram #02-49
Contact: Farooq Azim
Phone No.: (510) 471-3232
Completed: October 2003
Contract Amount: $99,579.00
CITY OF MILPITAS
455 E. Calaveras Blvd.
Milpitas, CA 95035
2003 Slurrv Seal Proiect #4182
Contact: Julie Waldron
Phone No.: (408) 586-3314
Completed: October 2003
Sontract Amount: $1 11,784.00
CITY OF NEWARK
37440 Filbert Street
Newark, CA 94560
2003 Slurrv Seal Proiect #718
Contact:
Phone No.: (510) 742-4801
Completed: September 2003
Contract Amount: $1 11,243.00
CITY OF CONCORD
1950 Parkside Drive, MS 03
Concord, CA 9451 9-2578
2003 Cape Seal Program RFQ-1920
Contact: Dana Fitzpatrick
Phone No.: (925) 671-3300
Completed: May 20, 2003
Contract Amount: $176,323.51
CITY OF SUNNYVALE
Department of Public Works
P.O. Box 3707
Sunnyvale, CA 94088-3707
Slurry Seal Contract for Street 2003
Project No. ST-03/01 -03
Contact: Sue Russell
Phone No.: (408) 730-7559
Completed: June 9, 2003
Contract Amount: $1 61,041.19
CITY OF LAFAYETTE
P.O. Box 1968
Lafayette, CA 94549
2003 Pavement Management Project, Vol. B
Contact: John MI Luttropp, Associate Engineer
Phone No.: (925) 299-3247
Completed: September 2003
Contract Amount: $144,397.73
BOND BLACKTOP, INC.
P.O. Box 616
Union City, CA 94587
Ph: (510) 441-9981 Fax: (510) 441-9982 Contractor's License No. 746432
CITY OF CHINO HILLS
2001 Grand Avenue
Chino Hills, CA 91709
2002/2003 Street Improvement
Proiect No. 800378
Contact: Anne Dutrey
Phone No.: (909) 364-2856
Completed: February 2004
Contract Amount: $1,189,741.64
CITY OF GLENDALE
Public Works Division
633 East Broadway, Room 205
Glendale, CA 91206-4388
2002-03 Slurry Seal Program Spec. No. 3000
hone No.: (818) 548-3945
Completed: November 20, 2003
Contract Amount: $96,331.73
I Contact: Dennis Ambayec
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL Ll AB1 LITY, EM PLOY ERS' LlABl LITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
c
._
(To Accompany Proposal)
2003/04 STREET SEALING
CONTRACT NO. 3667-8
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) 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.
c
_-
Revised 10/08/03 Contract No. 3667-8 Page 26 of 91 Pages
Client#: 61901 BONDBLACK
PRODUCER
..Commercial Lines Unit
,BD Insurance & Financial Services
820 Bay Avenue, Suite 11 1
Capitola, CA 95010-2165
I AcOBDIM CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC #
DATE (MMIDDMYW) I 05/26/04
INSURER A: Transcontinental Insurance Company
INSURER B: American Cas. Co. of Reading
INSURER c Transportation Insurance Company
INSURER D: State Fund
INSIIRFR F.
20427
20494
INSURED
Bond Blacktop, Inc.
P.O. Box 616; 1147 Atlantic Street
Union City, CA 94587
05/06/05 EACHOCCURRENCE I $1 ,000.000
PRFMISFS Fa -nm) IS300,OOO DAMAGE TO RENTED
COWERAGFS
x I WCSTATU- I IOTH-
E.L. EACH ACCIDENT
E.L. DISEASE ~ EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
10/01/04
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
s
$1,000,000
$~,ooo,ooo
$l,ooo,ooo
- - - - . - . - - -
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION - City of Carlsbad, Purchasing DATE THEREOF, THE ISSUING INSURER WILL E;FIR-IL 2 DAYS WRITTEN
Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BW)4*SC#RR=RRSRAX
1635 Faraday Avenue ~~~R~MR~~R~~~Rn~~~~XX~ I Carlsbad, CA 92008 pfSSaSrmmraWX
SCHEDULEOAUTOS
HIRED AUTOS
NON-OWNED AUTOS
.XX
n I
GARAGE LlABlLlTY b ANY AUTO
EXCESSlUMBRELLA LIABILITY CUP2077702055 '5;1 OCCUR 0 CLAIMS MADE
DEDUCTIBLE
EMPLOYERS LIABILITY
4NY PROPRIETOFUPARTNEFUEXECUTIVE 3FFICEWMEMBER EXCLUDED?
f yes, describe under SPECIAL PROVISIONS below
3THER
POLICY EFFECTIVE DATE (MMIDDMY)
05/06/04
05/06/04
05/06/04
loll 0103
LIMITS 'OLICY EXPIRATION DATE lMMIDDMYl
1 ~1,000,000 COMBINED SINGLE LIMIT I (Ea accident)
05/06/05
BODILY INJURY (Per person)
BODILY INJURY (Per amdent)
PROPERTY DAMAGE (Per accident)
AUTO ONLY:
05/06/05 EACHOCCURRENCE
AGGREGATE
AUTHORIZED REPRESENTATIVE I-' 0 ACORD CORPORATION 1988
ACORD 25 (2001108) 1 of 3 #S578945/M576425 BONDBLACK T3S
I- DESCRIPTIONS (Continued from Page 1)
.lemployees and volunteers. This policy will not be canceled, materially
hanged nor the amount of coverage reduced until thirty (30) days after
receipt of written notice of cancellation or reduction in coverage by the
City Clerk of the City of Carlsbad, California.
Project: 2003/04 Street Sealing Project, #3667-8
AMS 25.3 (2001106) 3 Of3 #S578945/M576425
G-14033 1 -A99 (Ed. 10/01)
For A11 ch. Commitmmnb mu Mdd
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the foliowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
city of Carlsbad, Purchasing
Department
1635 Faraday Avenue
Carlsbad, CA 92008
The City of Carlsbad, its officials, employees and volunteers are named as
additional insured hereunder as respects liability arising out of
activities performed by or on behalf of the Named Insured. Coverage under
this policy shall be primary insurance as respects the City, its officials,
employees and volunteers. This policy will not be canceled, materially
changed nor the amount of coverage reduced until thirty (30) days after i receipt of written notice of cancellation or reduction in coverage by the
City Clerk of the City of Carlsbad, California.
Project: 2003104 Street Sealing Project, #3667-8
(Coverage under this mdomrnmt b not afocted by an ontry or lack ot entry In tha Schoduk above.)
A. WHO IS AN INSURED (srctlon I9 is amended to Include as an insured any person or organization, Including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this poiicy under a wrltten contract or written agreement;
but the written contract or written agreement muvt be:
1. Currently in effect or becoming effecthre during the term of this policy; and
2. Executed prior to the "bodily Injury," "propetty darnageIn or "personal and advertising injury."
deflnltion of "insured contract" under DEFINITIONS (slctlon V) do not apply to "bodily injuryn or 'property damage" arising out of the "productscompleted operations hazard" unless required by the written contract or wrltten agreement.
4. The insurnnce provlded to the addltionai insured does not apply to "bodily Injury," "properly damage," or "personal and advertising injury" arising out of an architect's, englneer's, or surveyor's rendering of or failure to render any
professional services Including:
E. The insurance provided to the additional insured is limited as follows: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
I.
2.
a.
That person or organization is an additional
Insured solely for liability due to your negligence and specifically rasultlng from "your work" for the additional Insured which is the subject of the written contract or written agreement. No coverage applies to iiabiilty resulting from the sole negligence of the additional insured.
The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of insurance are inclusive of, and not in addition to, the Llmits of insurance shown in the Declarations.
The coverage provided to the additional insured by this endorsement and paragraph 1. of the
reports, surveys, field orders, change orders or drawlngs and specifications; and
b. Supervisory, or Inspection acthrWes performed as part of any related archltectural or engineering activities.
C. As respects the coverage prwided under this endorsement, SECTION N - COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows:
1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition:
e. An additional insured under'this endorsement will as soon as practicable:
G-140331-A99 (Ed. 10101)
(1) Give written notice of an occurrence or an offense to us which may result in a claim or "suf under this insurance;
(2) Tender the defense and indemnity of any claim or "suit" to us for a loss we mer
under this Coverage Part;
(3) Tender the defense and indemnlty of any claim or "suir to any other insurer which also has insurance for a loss we cover
under this Coverage Part; and
(4) Agree to make available any other insurance which the additional insured
has for a loss we cover under this Coverage Part.
f. We have no duty to defend or indemnify an
additional insured under this endorsement until we recehre written notice of a claim or "suit" from the addltional insured.
1. Paragrzph 4.b. of the Other insurance Condition is
deleted and replacedwllh the following:
4. Cnhwburnnco
b. Excess Insurance
This insurance is excess over any other insurance naming the additional insured as an insured whether primaly, excess, contingent or on any other basis unim a written contract or written agreement
specifically requires that this insurance be either primaly or prlmaly and
noncontributing to the additional insured's
own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement.
When this insurance is excBss, we will
have no duty under Coverages A or B to defend the additional insured against any "suir if any other insurer has a duty to
defend the additional insured against that ''suit." If no other insurer defends, we will undertake to do so, but we will be entltled to the additional Insured's rights against
ail those other insurers.
When this insurance is excess over other insurance, we will pay only our share of
the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self- insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other Insurance that is not descrlbed in this Excess Imurance provision and was not bought specifically to apply in excess of the Limits of insurance shown in the Deciaratlons of
thls Coverage Part.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A Statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer@), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
#S578945/M576425
I ACORD 254 (2001108) 2 of 3
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3667-8
2003/04 STREET SEALING
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State f California? P
no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
I
party debarred
party debarred
agency
period of debarment
agency
period of debarment
- -
I
BY CONTRACTOR:
Bond Blacktop, Inc.
(name of Contractor)
By:
(sign here)
Edward Dillon, President
(print namehitle)
Page 1 of ' pages of this Re Debarment form
e Revised 10/08/03 Contract No. 3667-8 Page 27 of 91 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 3667-8
2003/04 STREET SEALING
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
J
Has the suspension or revocation of your contractors license ever been stayed? /‘
no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
1/
Yes no
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the ywk ever been stayed? ‘/
no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page of / pages of this Disclosure of Discipline form e Revised 10/08/03 Contract No. 3667-8 Page 28 of 91 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD,
(CONTINUED)
CONTRACT NO. 3667-8
(To Accompany Proposal)
2003/04 STREET SEALING
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
c
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
Bond Blacktop, Inc.
(name of Contractor)
By:
(sign here)
Edward Dillon, President
(print name/title)
Page / of pages of this Disclosure of Discipline form
a Revised 10/08/03 Contract No. 3667-8 Page 29 of 91 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. 3667-8
BY BIDDER AND SUBMITTED WITH BID
2003/04 STREET SEALING
State of California 1
County Of Alameda )
) ss.
Edward Dillon , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is Presideat
(Title)
of Bond Blacktop. Inc.
(Name of Firm)
I
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
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
- genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
-
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the 20th day of April ,2004 .
Signature of Bidder
SEE ATTACHED NOTARY ACKNOWLEDGMENT
Subscribed and sworn to before me on the day of $20 -
(NOTARY SEAL)
Signature of Notary
Revised 10/08/03 Contract No. 3667-8 Page 30 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
*--
On April 20, 2004 beforeme, Amy Matteis, Notary Public
Dale Name and Tnle al Officer (e g "Jane Doe Notary Public")
personally appeared Edward Dillon
1:; proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person(s), or
the entity upon behalf of which the person@)
0 PTlONA L g ')."
I,? IR Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: City of Carlsbad, Bid Docs
Document Date. Number of Pages:
Signer(s) Other Than Named Above: @
'$ Capacity(ies) Claimed by Signer
fi
U Individual 7 Corporate Officer - Title(s): - Partner - G Limited U General
r- Guardian or Conservator
Signer Is Representing:
0 1999 Natlonal Norary Asscclatim 9350 De solo Ave P 0 BOX 2402 - Chatworth CA 91 31 3-2402 - www nabonalnolary or9 Prod NO 5907 Reorder Call Toll Free 1-800-876-6827
CONTRACT
= PUBLIC WORKS =
This agreement is made this a4& dayof l20& by and between the City of Carlsbad, California, a munidal corporation, (hereinafter called "City"),
and BOND BLACKTOP- INC whose principal place of business
(hereinafter called "Contractor".).
is 4350 PALM AVFNIIF. I A MFSA CA 91941
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
2003/04 STREET SEALING PROJECT
CONTRACT NO. 3667-8
(he rein after ca 1 I ed "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
- 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental 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 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and supplements thereto, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works Association,
and as amended by the Supplemental Provisions section of this contract. The Engineer will close the
estimate of work completed for progress payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, 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 a Revised 10/08/03
or not, in order to overcome underground conditions. Any
Contract No. 3667-8 Page 31 of 91 Pages
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. 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. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
1, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions, Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. 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.
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.
-
7. Immigration Reform and Control Act. Contractor certifies it 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.
8. 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 file in the office of the City Engineer, 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.
9. 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 Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; 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,
I
@ Revised 10/08/03 Contract No. 3667-8 Page 32 of 91 Pages
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. 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 or her 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:
a. 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 insured.
-_
b. Business 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.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' 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 with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured 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. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage. -
b. 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
@ Revised 10/08/03 Contract No. 3667-8 Page 33 of 91 Pages
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
A contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. 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) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, 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 mail,
return receipt requested.
(D) 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.
(E) 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.
- (F) Subcontractors. Contractor shall include all subcontractors as insured 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.
(G) 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. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) 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 the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. 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. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim 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.
-
Revised 10/08/03 Contract No. 3667-8 Page 34 of 91 Pages
- (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding. I
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
I have read and understand all provisions of Section I1 above. init init
12. 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.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. 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.
15. 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.
-
@ Revised 10/08/03 Contract No. 3667-8 Page 35 of 91 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. -
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
Bond Blacktop, Inc.
(name of Contractor)
- ATTEST:
(sign here)
Edward Dillon, President/Secretary
(print name and title)
I LORRAINE M. WBOD, City Clerk -
(sign here)
I
(print name and title) SEE ATTACHED COPY OF CORPORATE MINUTES DESIGNATING
EMPOWERED .OFFICER FOR SIGNATURES 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 the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City AttorAe'y\
Revised 10/08/03 Contract No. 3667-8 Page 36 of 91 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} ss.
State of California
County of Alameda
on 06/11/04 before me, Amy Matteis, Notary Public
Date Name and ltle of Officer (e.g.. "Jane Doe. Notary Public")
Name(s) of Signer(s) personally appeared Edward Dillon
Bpersonally known to me
3 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person@)
acted, executed t ment.
WITMS m fficial seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Etle or Type of Document:
Document Date: Number of Pages:
City Of Carlsbad Contract DOCS
Signer(@ Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer -Title($:
0 Partner - 0 Limited 17 General
0 Attorney-in-Fact
Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary AsSOClalion - 9350 De Sot0 Ave PO Box 2402 * Chatsworlh, CA 913132402 - www nationalndary org Pmd No 5907 Reorder Call Toll-Free 1.8004764827
BOND /I4076066
Premium: $6,264.00
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution Number 2004-159, adopted Mav 18,2004 , has awarded to BOND BLACKTOP, INC. , (hereinafter
designated as the "Principal") a Contract for:
2003/04 STREET SEALING PROJECT
CONTRACT NO. 3667-8
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, , as Principal, (hereinafter designated as the "Contractof), and Great herican Insurance Company , as Surety, are
held and firmly bound unto the City of Carlsbad, in the sum of NINE HUNDRED SEVEN
THOUSAND, TWO HUNDRED EIGHTY-TWO AND 09/100 Dollars ($ 907.282.09 ), 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.
BOND BLACKTOP, INC.
-
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.
e= ts Revised 10/08/03 Contract No. 3667-8 Page 39 of 91 Pages
- 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 27th day of
day of 1 20-. May ,2@4
CONTRACTOR:
Bond Blacktop, Inc.
(name of Contractor)
By:
(sign here)
Edward Dillon
(print name here)
Corporation
President 1 Secretary
(Title and Organization of Signatory)
(sign here)
(print name here)
SURETY:
Great American Insurance Company
(name of Surety)
1350 Treat Blvd., Suite 300
Walnut Creek, CA 94596
(address of Surety)
(telephone number of Surety)
(925) 935-9060
By:
Erin Bautista
(printed name of Attorney-in-fact)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment 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
City Attorney
By:
Deputy City Attorney
e= %# Revised 10/08/03 Contract No. 3667-8 Page 40 of 91 Pages
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -Alameda
before me, &y Matteis, Notary Public
Name and Title 01 Officer (e g Jane Doe Notary Publlc )
personaiiy appeared Edward Dillon
Name(?.) of Signer@)
l%personally known to me
il proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my ad official seal
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: City Of Carlsbad Contract Docs
Document Date:
Signer@) Other Than Named Above:
__
Number of Pages: _______.
-__-----~ -
Capacity(ies) Claimed by Signer
-__- Signer's Name:
I1 individual
ILl Corporate Officer -Title@):
I:] Partner - L7 Limited I? General
l.L Attorney-in-Fact
[[I Trustee 0 Guardian or Conservator
I3 Other: _____ -
Signer Is Representing:. ._________-
0 1999 National Notary Associalion * 0350 De Solo Ave , PO Box 2402 - Chalsworlh, CA 91313.2402 www nabonalnoiary org Prod No 5907 Reorder Call Toll-Free 1-000-876-6027
.-
California All Purpose
Acknowledgment
State of California
County of Sun Mateo
On May 27,2004 , before me, Jean L, Neu, Notary Public
Date Name & Title of Officer/Notary
personally appeared Erin Bautista
Names@) of Signers@)
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document
Other Signer(s)
No. of Pages
h:\docs\surety\forrns\notary.doc
BOND /I4076066
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution Number 2004-159 , adopted May 18.2004 , has awarded to BOND BLACKTOP, INC. 9
(hereinafter designated as the "Principal") a Contract for:
2003/04 STREET SEALING PROJECT
CONTRACT NO. 3667-8
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 "Contractoi"'), and Great American Insurance Company as Surety,
are held firmly bound unto the City of Carlsbad in the sum of NINE HUNDRED SEVEN
THOUSAND, TWO HUNDRED EIGHTY - TWO AND 09/100 Dollars ($ 907,282.09 ), said sum
being an amount equal to: One hundred percent (100%) of the total amount payable under the terms
of the contract by the City of Carlsbad, and 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.
BOND BLACKTOP, INC.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, 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 the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
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.
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.
,---
43 Revised 10/08/03 Contract No. 3667-8 Page 37 of 91 Pages
- Executed by CONTRACTOR this
day of ,20-.
CONTRACTOR:
Bond Blacktop, Inc.
(name of Contractor)
By:
(sign here)
Edward Dillon
(print name here)
(title and organization of signatory)
Corporation
President / Secretary
By:
(sign here)
(print name here)
Executed by SURETY this 27th day
of May 3
SURETY:
20%.
Great American Insurance Company
1350 Treat Blvd., Suite 300 Walnut Creek, CA 94596
(name of Surety)
(address of Surety)
(925) 935-9060 - (telephone number of Surety)
By:
Erin Bautista
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment 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
City Attorney
By:
Deputy Ciq Attorney I
a Revised 10/08/03 Contract No. 3667-8 Page 38 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} SS.
State of California
Countyof - Alameda __
on 06/11/04 _______I before me, &y Matteis, Notary Public
Date Name and Tias of Otlicer (a q "Jane Don, Nolaly Public")
personally appeared - -.-- _____ --___-> Name@) 01 Signerls)
Edward Di1k-m
LXpersonally known to me
C1 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
/7
-I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent frauddent removal and reartachment of this form to another document.
Description of Attached Document
Title or Type of Document: City of Carlsbad Contract Docs -
Document Date: __ -_.____._____ Number of Pages: _._______
Signer(s) Other Than Named Above: __
Capacity(ies) Claimed by Signer
Signer's Name: ____---I
I 1 Corporate Officer - Title(s), __
I1 Individual
I I Partner - 13 Limited 17 General
1.1 Attorney-In-Fact
1-J Trustee 11 Guardian or Conservator
-1 Other. __ __L--_ __
Signer Is Representing:
___-_
Prod No 5907 Reorder: Call Toll.Free 1-000.076.6027 0 1999 National Nolaw Association - 9350 De Soto Ave , P.0 Box 2402 Chatswonh. CA91313-2402 9 www.nationalnotaryorg
California All Purpose
Acknowledgment
State of California
County of San Mateo
On May27, 2004 , before me, Jean L. Neu, Notary Public
Date Name & Title of Officer/Notary
personally appeared Erin Bautista
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
Names(s) of Signers($
..-
WITNESS my hand and official seal.
- - Notary Public ----OprIOM'&--------
(The information below is not required by law)
Description of Attached Document
Title/type of Document
Date of Document No. of Pages
Other Signer(s)
h:\docs\surety\forms\notary,doc
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET 0 CINCINNATI, OHIO 4522 a 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
FOUR No. 0 14205 POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-
fact, for it and in its name, place and stead to execute in behalf ofthe said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under
this authority shall not exceed the limit stated below.
Name Address Limit of Power
ERIN BAUTISTA ALL OF ALL
JEAN L. NEU REDbJ@OD CITY, UNLIMITED
JODY A. JOHNSON CALIFORNIA
BRYAN D. MARTIN
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact famed above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23rd dayof April, 2004 ,
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - SS: On this 23rd Wof A ril,. 2004 , before me personally appeared DOUGLAS R. BOWEN, to me known,
being duly sworn, deposes and says that he resides in &ncinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
-
This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Divkion Kce Presidents and Assistant Kce Presidents, or any one of them, be and hereby is authorized. fim time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Compan.v, as sure& any and all bonds, zrndertakings and contracts of surehtship, or other written obligations in the nature thereoJ toprescnbe their respective dzrties and the respective limits of their authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Companv seal and the signature of anv of the aforesaid officers and anv Secretaly or Assistant Secretaly of the Company mav be affxed by facsimile to anvpower of artornt?, or certifirate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nafure thereox szich signature andseal when so used being herebv adopted b-v the Company as the originalsignatzrre ofsuch oflcer and the original seal of the Company, to be valid and binding upon the Companv with the same force and effect as though manuallv affwed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of March 1,1993 have not been revoked and are now in full force and effect. "-
Signed and sealed this 27th dayof May 9 2004
S 1029T (WOO)
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 4076066, effective May 27,2004 .
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention. .-
This Coverage PadPolicy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:OO.
OPTIONAL
ESCROW AGREEMENT FOR
SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the Cit! of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called YXy" 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 sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for 2003/04 STREET SEALING PROJECT, CONTRACT NO.
3667-8 in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written request of the
Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to
cover negligent acts and omissions of the Escrow Agent in connection with the handling of
retentions under these sections in an amount not less than $100,000 per contract. The market value
of the securities at the time of the substitution shall be a 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 the City and shall designate the Contractor as the beneficial
owner.
-
dated
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. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
'
-. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
Revised 10/08/03 Contract No. 3667-8 Page 41 of 91 Pages
- 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, 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 Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
'
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
IO. 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:
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
-
Revised 10/08/03 Contract No. 3667-8 Page 42 of 91 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title
MAYOR
Name
Signature
Address
Name
Signature
Address
Title
Name
Signature
Address
a Revised 10/08/03 Contract No. 3667-8 Page 43 of 91 Pages
SUPPLEMENTAL PROVISIONS
2003/04 STREET SEALING
FOR
CONTRACT NO. 3667-8
CITY OF CARLSBAD
SUPPLEMENTAL PROVISIONS TO
"GREENBOOK"
STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION
2003 EDITION
PART 1, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I 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.
Add the following section:
1-1.2 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 Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 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.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, .at its
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 its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Revised 10/08/03 Contract No. 3667-8 Page 44 of 91 Pages
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hislher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager’is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatodLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Deputy City Engineer, Construction Management & Inspection - The Construction Manager’s
immediate supervisor and second level of appeal for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager- the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution. -_
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ...................................... Apartment and Apartments
Bldg ...................................... Building and Buildings
CMWD .................................. Carlsbad Municipal Water District
CSSD ................................... Carlsbad Supplemental Standard Drawings
cfs ......................................... Cubic Feet per Second
Com m ................................... Commercial
DR ........................................ Dimension Ratio
E ........................................... Electric
EWA ..................................... Encina Wastewater Authority
G ........................................... Gas
@ Revised 10/08/03 Contract No. 3667-8 Page 45 of 91 Pages
gal ......................................... Gallon and Gallons
Gar ....................................... Garage and Garages
GNV ...................................... Ground Not Visible
gpm ....................................... allons per minute
IE .......................................... Invert Elevation LWD. ..................................... Leucadia Wastewater District
MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ................................... Microtunneling Boring Machine
.NCTD ................................... North County Transit District OHE.. .................................... Overhead Electric
OMWD. ................................. Olivenhain Municipal Water District
ROW. .................................... Right-of-way
S ........................................... Sewer or Slope, as applicable
SDNR ................................... San Diego Northern Railway
SDRSD ................................. San Diego Regional Standard Drawings
SFM ...................................... Sewer Force Main
T ........................................... Telephone
UE ........................................ Underground Electric
W .......................................... Water, Wider or Width, as applicable
VWD ..................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to .adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Department of Treasury Circular 570,”. -_
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in a sum not less than one hundred percent of the total amount
payable by the terms of this contract. The Contractor shall provide bonds to secure payment of
laborers and materials suppliers in a sum not less than one hundred percent of the total amount
payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
@ Revised 10/08/03 Contract No. 3667-8 Page 46 of 91 Pages
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
other instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2003 Edition, and supplements thereto,
hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the
Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions
section of this contract.
The construction plans consist of Drawing No. 416-8 consisting of 4 sheets and are attached hereto.
The standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department
of Public Works, together with the most recent editions of the City of Carlsbad Supplemental
Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the
Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by
the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are
enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest -_ precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
e Revised 10/08/03 Contract No. 3667-8 Page 47 of 91 Pages
precedence over general plans.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
Project title and Agency contract number.
Number of complete sets.
Contractor's certification statement.
Specification section number(s) pertaining to material submitted for review. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
Description of the contents of the submittal.
Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red 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 Agency 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 within ten (IO) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefore.
a Revised 10/08/03 Contract No. 3667-8 Page 48 of 91 Pages
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor
or a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The
Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after
construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as
required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary
to construct the work, provide surveying services as required herein and provide surveying, drafting
and other professional services required to satisfy the requirements of the Land ‘Surveyors Act.
Surveyor shall be resident on the site during all surveying operations and shall personally supervise
and certify the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to ‘the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (8’12” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the
location of the monuments set. The field notes and calculations will be labelled with name of the
Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations.
They shall be annotated with the date of observation or calculation, be numbered with consecutive
page numbers and shall be readable without resort to any electronic aid, computer program or
documentation for any computer program. The field notes shall be prepared in conformance with
the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the
Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and.
Professions Code when the Surveyor performs any surveying that such map is required under 5s
8762 of the State of California Business and Professions Code and whenever the Surveyor shall
establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments,
bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all
monuments and marks that are at, or accessory to, property corners and street centerlines are
permanent survey monuments. The Record of Survey shall show all monuments set, control
monuments used, the basis of bearings and all other data needed to determine the procedure of
survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of
closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey
shall show the location and justification of location of all permanent monuments set and their relation
-
a Revised 10/08/03 Contract No. 3667-8 Page 49 of 91 Pages
to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and
approval before submittal to the County Surveyor and before submittal to the County Recorder.
Centerline or Parallel to Centerline
Spacing@, 0
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations
where the curb is not being built as a part of this contract. Staking and marking shall be completed
by the Surveyor and inspected and approved by the Engineer before the start of construction in the
area marked. Centerline monument shall have the disk stamped with the date the monument was
set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be
preserved that are shown on the plans shall be staked and flagged prior to the start of any other
activities within the limits of the work. When curb and gutter does not exist and is not being installed
as a part of the project the location of adjacent facilities being constructed as a part of the contract
the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility
vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by
the Contractor and/or those noted on the plans as to be installed by others.
Survey Requirements for Construction Staking
TABLE 2-9.2.2(A)
Lateral
Spacing 01, Q
Feature Staked
s300m (lOOO’), Street Intersections, Begin and end of curves, only when shown on the
plans
lath - Intervisible, I 15m (50’) on tangents
8 I 7.5m (25) on curves, Painted line -
con tin uous
lntervisible and I 15m (50’)
~~ Street Centertine on street
centerline
at clearing line
Grade Breaks
Clearing
.. curves when 300m (1000)
I15m (50’)
Slope
offset)
N/A
Fence
I 15 m (50’) on tangents & curves when R2
300m (1000’) 8 I7.5m(25’) on curves when
R I 300m (1 000’)
Rough Grade Cut
or Fills 2 10 m
(33’)
Final Grade
(includes top of:
Basement soil,
subbaseand
base)
Asphalt Pavemen Finish Course
~6.7 m (22’)
Drainage
Structures, Pipes
& similar FacilitiesO, 0
S 7.5m (25’) or as per the intersection grid
points shown on the plan whichever provides
the denser information
intervisible 8 I 7.5m (25’), beginning and end,
BC & EC of facilities, Grade breaks,
Alignment breaks, Junctions, Inlets & similar
facilities, Risers 8 similar facilities (except
plumbing), Skewed cut-off lines
I 7.5m (25’), BC & EC, at %A, %A & %A on
curb returns & at beginning & end
Vertical locations shall be based on the
curb
Traffic Signal 0
edge of
pavement,
paving pass
width, crown
line & grade
breaks
as appropriate
( constant offset)
Stake ’
Description @
SDRS M-10
Monument
Lath in soil, painted line
,n PCC & AC
surfaces
RP + Marker Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake, Blue-
top in gradinc
area
RP, paint on previous
course
RP + Marker Stake
RP + Marker
Stake
I60 m (200’) on tangents, I 15m (50’) on N/A
curves when R2300m (1000’) & 7.5m (25’) on1 ( constant
Setting Tolerance
(Within)
7 mm (0.02’)
Horizontal, also see
section 2-9.2.1 herein
0.3 m (1’) Horizontal
30 mm (0.1’) Vertical &
Horizontal
30 mm (0.1’) Horizontal
30 mm (0.1’) Vertical 8
Horizontal
10 mrn (‘/E”) Horizontal
8 7 mm (‘/411) Vertical
10 mm (’/E”) Horizontal
7 mrn (‘/4“) Vertical
10 mm (‘/a”) Horizontal
8 7 mm (’/4’’) Vertical
Revised 10/08/03 Contract No. 3667-8 Page 50 of 91 Pages
Signal Poles &
Controller 0
Junction Box a
Conduit 0
10 mm (?e") Horizontal IL 7 mm (l/dn) Vertical
RP + Marke
Stake
RP + Marke
Stake
RP + Markei
Stake
RP + Markei Stake + Line
Stake
RP + Marker
Stake + Line
Stake
RP + Marker
Stake + Line 'oint +Guarc
Stake
RP + Marker
Stake + Line
>oint +Guarc
Stake
RP
30 mm (0.1') Vertical &
Horizontal
10 mm ('18;)) Horizontal
& 7 mm ( 1411) Vertical
30 mm (0.1') Horizontal & 7 mm (l/4") Vertical
ultimate elevation of curb and sidewalk
30 mm (0.1') Vertical 8
Horizontal
10 mm ('//el) Horizontal
30 mm (0.1') Horizontal
& 7 mm Vertical
at each pole & controller location
30 mm (0.1') Horizontal
as appropriate
10 mm ('/e") Horizontal
& Vertical
& 7 mm ti4.) Vertical
10 mm ('/$) Horizontal & 7 mm (l/sW) Vertical
10 mm ('/$) Horizontal
30 mm (0.1') Horizontal & Vertical
10 mm ('1s") Horizontal
7 mm (l/4*1) Vertical
at each junction box location as appropriate
I 15 m (50') on tangents & curves when R2
300m (1000') & I7.5m (25') on curves wher
R I 300m (1000') or where grade I 0.30%
as appropriatc
& when depth cannot
be measured from
existing pnavement 7
mm ( I4 ) Vertical
10 mm ('/8'1) Horizontal
& 7 mm ('14") Vertical
(when vertical data
needed\
Minor Structure C for catch basins: at centerline of box, ends 01
box & wings & at each end of the local
depression 0
as appropriate
Abutment Fill
Wall 0
I 15 m (50') & along end slopes & conic transitions
as appropriate 30 mm (0.1') Vertical & Horizontal
I 15 m (50') and at beginning & end of: each
wall, BC & EC, layout line angle points,
changes in footing dimensions &/or elevation
&wall height
3 m to 10 m (1 0' to 33') as required by the
Engineer, BC & EC, transition points & at
Deginning 8 end. Elevation points on footings
at bottom of columns
3 rn to 10 m (10' to 33') sufficient to use strinc
lines, BC & EC, transition points & at
Deginning & end. Elevation points on footings
at bottom of columns
as appropriate 7 mm ('/4") Horizontal
& 7 mm (l/4") Vertical
Mior Structure 8
Footings, Bents
Abutments &
Wingwalls
as appropriate
as appropriate
10 mm (?e") Horizontal 8 7 mm (l/4") Vertical
Superstructures
Miscellaneous 0
Contour Grading
0
RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker
Stake + Line
'oint +Guard
Stake
RP +- Marker
Stake
?P + Marker Stake
3P + Marker Stake
?P + Marker
Stake
?P + Marker
Stake
I 15 m (50') along contour line
Utilities 0, 0 I 15 m (50') on tangents & curves when R2
300m (1000') & S 7.5m (25') on curves when
as appropriate
as appropriate
R I 300m (1 000') or where grade I 0.30%
intervisible & I30 m (100'). BC & EC of Channels, Dikes
& Ditches 0 facilities, Grade breaks, Alignment breaks,
Junctions, Inlets & similar facilities
At sign location Signs 0 Line point
Subsurface Drains 0 intervisible & I 15m (50'), BC & EC of
facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers &
similar facilities
longitudinal location
for asphalt street surfacing I 15 m (50') on
:angents 8 curves when R2 300m (1000') &5
7.5m (25') on curves when R I 300m (1000').
At beginning & end and I 15 m (50') on
angents & curves when R 2 300m (1000') & z
7.5m (25') on curves when R I 300m (1 000')
At beginning & end
3 m to 10 m (10 to 33') as required by the Engineer, BC & EC, transition points 8 at
leginning & end. Elevation points on footing:
& at invert
as appropriate
4t beginning &
end
At marker
location(s)
Overside Drains
Q 8 7 mm (I/>) Vertical
7 mm ('14") Horizontal Markers 0
Railings &
Barriers 0
at railing &
barrier
location(s)
as appropriate
as appropriate
AC Dikes 0
Box Culverts
Revised 10/08/03 Contract No. 3667-8 Page 51 of 91 Pages
Pavement RP 60 m (200’) on tangents, 15m (50’) on curves at pavement
MarkersO when R 2 300m (1000’) & 7.5m (25’) on
curves when R 5 300m (1 000’) For PCC
surfaced streets lane cold joints will suffice
marker
location(s)
7 mm (‘14”) Horizontal
Type of Stake Description
Horizontal Control
Vertical Control Bench marks
Clearing Limits of clearing
Grading
Coordinated control points, control lines, control reference points, centerline, alignments, etc.
Slope, intermediate slope, abutment fill, rough grade, contour grading, final
Add the following section:
28.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-
9.1 through 2-9.3.2 shall be included in the actual bid items requiring the ymey work and no
additional payment will be made. Extension -of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for the
replacement of disturbed monuments and the filing of records of survey and/or corner records,
including filing fees, shall be incidental to the work necessitating the disturbance of said monuments
and no additional payment will be made.
Color*
White/Red
W hite/Orange
Yellow/Black
Yellow
2-10 AUTHORITY OF BOARD AND ENGINEER.
Structure
Drainage, Sewer, Curb
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer
may request.
-- grade, etc.
Bridges, sound and retaining walls, box culverts, etc.
Pipe culverts, iunction boxes, drop inlets, headwalls, sewer lines, storm
White
Blue
Add the following section:
-
Right-of-way
Miscellaneous
a Revised 10/08/03 Contract No. 3667-8 Page 52 of 91 Pages
drains, slope protection, curbs, gutters, etc.
Fences, R/ W lines, easements, property monuments, etc.
Signs, railings, baniers, lighting, etc.
White/Yellow
Orange
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity
of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit
price for such items will be limited to that portion of the change in excess of 25 percent of the original
quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent
may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by
CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay
factors therein shall be used as multipliers of the rental rates for determining the value of costs for
delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
not a part of this contract. -_
Work by Contractor. The following percentages shall be added to the Contractor‘s costs
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
Revised 10/08/03 Contract No. 3667-8 Page 53 of 91 Pages
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra
work will not be made until such time that the Contractor submits completed daily reports and all
supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
.Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that
the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date: --
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
Revised 10/08/03 Contract No. 3667-8 Page 54 of 91 Pages
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor's report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor's presentation of its report. The Contractor may appeal each level's
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
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. (a)(l) 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)(l) "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.
(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
@ Revised 10/08/03 Contract No. 3667-8 Page 55 of 91 Pages
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.
201 04.2. 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.
.@)(I) 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 to the claim 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)(l) 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 to the claim 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 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) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in 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 $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 that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by 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.
20104.4. 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 non-binding 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
@ Revised 10/08/03 Contract No. 3667-8 Page 56 of 91 Pages
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 or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) 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 the subdivision consistent with the rules pertaining to
judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (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.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.4 General, add the following: The Contractor shall provide the Engineer free and safe access
to any and all parts of work at any time. Such free and safe access shall include means of safe
access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with
such information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
-
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
Revised 10/08/03 Contract No. 3667-8 Page 57 of 91 Pages
___I-. --
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that 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. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. 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.
4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in Performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the materia@) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The
lease agreement shall clearly state the term of the lease, the description of materials allowed to be
stored and shall provide for the removal of the materials and restoration of the storage site within
the time allowed for the Work. All such storage shall conform to all laws and ordinances that may
pertain to the materials stored and to preparation of the storage site and the location of the site on
which the materials are stored. Loss, damage or deterioration of all stored materials shall be the
Contractor’s responsibility. Conformance to the requirements of this section, both within and
outside the limits of work are a part of the Work. The Engineer shall have the right to verify the
suitability of materials and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency 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 and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
@ Revised 10/08/03 Contract No. 3667-8 Page 58 of 91 Pages
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the
limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or
curb and gutter that is a part of the work and adjacent to the location where such utility structures
are shown on the plans and are noted as being located, relocated or are otherwise shown as
installed by others. In order to minimize delays to the Contractor caused by the failure of other
‘parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
temporary omission is approved by the Engineer the Contractor shall place survey or other physical
control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency
or company. Such temporary omission shall be for the Contractor’s convenience and no additional
compensation will be allowed therefore or for additional work, materials or delay associated with the
temporary omission. The portion thus omitted shall be constructed by the Contractor immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 15 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-
1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3
Electronic Media.
-_
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
e Revised 10/08/03 Contract No. 3667-8 Page 59 of 91 Pages
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes the application of rubberized
emulsion asphalt slurry to each designated street and striping.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. The Project
Representative shall be the individual determined ’ under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
The Contractor’s Representative shall attend each Project Meeting.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to
the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused
by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 40 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
Contractor is hereby advised that the Engineer will require after hours and/or weekend work on an
interim basis to accomplish REAS Seal and ARAM with Type II Slurry application on Tamarack
Avenue form Carlsbad Village Drive to Simsbury Ct. while school is in session at Hope Elementary
School.
.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by ’the Contractor and the
@ Revised 10/08/03 Contract No. 3667-8 Page 60 of 91 Pages
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained
as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and 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.
7-4 WORKERS’ COMPENSATION INSURANCE. -_
Add the following: All insurance is to be placed with insurers that are admitted and 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.
Delete the first sentence and add the following four sentences: Except as specified herein the
Contractor will obtain, at no permit fee to the Contractor, all encroachment, right-of-way, grading,
resource agency and building permits necessary to perform work for this contract on Agency
property, in streets, (except State highway right-of-way), or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay
for all permits for the disposal of all materials removed from the project. The cost of said permit(s)
’d Revised 10/08/03 Contract No. 3667-8 Page 61 of 91 Pages
shall be included in the price bid for the appropriate bid item and no additional compensation will be
allowed therefore.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefore.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefore. Said costs shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California
State Water Resources Control Board (SWRCB) Order Number 99-08-DWQJ National Pollutant
Discharge Elimination System (NPDES) General Permit Number CASOOOOOZ, Waste Discharge
Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity
(General Permit) and subsequent adopted modifications and with all requirements of the Storm
Water Pollution Prevention and Monitoring Plans for this project in accordance with these
regulations.
Add the following section:
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 the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
-_
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
During REAS Seal and ARAM with Type I1 Slurry operations, the Contractors schedule for
application shall be designated to provide residents and business owners whose streets are to be a Revised 10/08/03 Contract No. 3667-8 Page 62 of 91 Pages
overlaid sufficient paved parking within an 800 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of
the impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24-hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability
to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of
such notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-10.2 Storage of Equipment and Materials in Public Streets. Replace the first sentence of the
first paragraph with the following: Construction equipment and materials shall not be stored on
arterial, local residenfial or collector residential streets without prior authorization from the Engineer.
Authorization shall be requested at least 48 hours prior to when the storage is to take place.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the
following:
1) The Engineer .........................................................................
2) Carlsbad Fire Department Dispatch ...............................................
3) Carlsbad Police Department Dispatch ............................................
4) Carlsbad Traffic Signals Maintenance ............................................
5) Carlsbad Traffic Signals Operations.. ........................................
6) North County Transit District.. ....................................................
7) Waste Management .......................................................................
Contractor shall notify the
(760) 602-2720
(760) 931-2197
(760) 931 -21 97
(760) 438-2980 X-2937
(760) 602-2752
(760) 967-2828
(7601 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s e Revised 10/08/03 Contract No. 3667-8 Page 63 of 91 Pages
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the CALTRANS “Traffic Manual”, 1996 edition and these
Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or
ceases to operate or function as specified, from any cause, during the progress of the work, the
. Contractor shall immediately repair said component to its original condition or replace said
component and shall restore the component to its original location. In the event that the Contractor
fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices
as may be required herein, the Engineer may, at hidher sole option, install the traffic signs,
markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per
traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the
greater.
Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the traveling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 280, of the-California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment.
A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or
telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer.
@ Revised 10/08/03 Contract No. 3667-8 Page 64 of 91 Pages
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (67,
nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the
than (insert minimum acceptable shy distance, eg. 0.6 m (2’)) shall be measured from the closest
approach of any part of the equipment as it is operated and/or maneuvered in performing the work.
This requirement may be waived when the Engineer has given written authorization to the reduction
in clearance that is specific to the time, duration and location of such waiver, when such reduction is
shown on the traffic control plans included in these contract documents, when such reduction is
shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for
the work of installing, maintaining and removing traffic control devices. As a condition of such waiver
the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent
traffic lane, close the adjacent traffic lane or provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than 12’ wide, shall be
open for use by public traffic, through the use of a flagger or other method approved by the
Engineer.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Traffic Manual”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these
Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control
plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer’s written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Revised 10/08/03 Contract No. 3667-8 Page 65 of 91 Pages
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish the
.alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Design of the TCP shall meet the
requirements of the Engineer and Chapter 5 of the "Traffic Manual", 1996 Edition as published by
CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared
by a registered professional engineer appropriately registered in the State of California. The
Engineer shall be the sole judge of the suitabiltty and quality of any such modifications, supplements,
and/or new designs to TCP. The Engineer may approve any such modifications, supplements,
and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications,
supplements, and/or new designs to the TCP prepared by the registered professional engineer
retained by the Contractor will be beneficial to the best interests of the Agency. Such modification,
addition, supplement, and/or new design shall not be implemented and 'no work shall be
commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 PaymentThe Contractor shall provide traffic control at the contract lump sum price bid. The
contract lump sum price paid for "traffic control" shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
Revised 10/08/03 Contract No. 3667-8 Page 66 of 91 Pages
... ~ ... .
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material
for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost
of labor and material for portable concrete barriers they will be paid as an incidental to the work
being performed and no additional payment will be made therefore. Progress payments for "Traffic
Control" will be based on the percentage of the improvement work completed.
Add the following section:
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. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the work,
all necessary safeguards for the protection of workers and public, and shall 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 that 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, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor's information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
-
@ Revised 10/08/03 Contract No. 3667-8 Page 67 of 91 Pages
-~ . - - __ __.
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the
Contractor. If payment of the undisputed supplemental payment request is not made within thirty
(30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent
to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following:- Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
@ Revised 10/08/03 Contract No. 3667-8 Page 68 of 91 Pages
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be made at the stipulated lump-sum price bid therefore in the bid schedule, and includes full
compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment
and incidentals, and for doing all the work involved in mobilization and preparatory work and
operations, including, but not limited to, those necessary for the movement of personnel, equipment,
supplies, and incidental to preparing to conduct work on and off the project site and other offsite
facilities necessary for work on the project; for all other facilities, sureties, work and operations which
must be performed or costs incurred prior to beginning work on various contract items on or off the
project site, excepting those specifically paid for under separate sections of these specifications.
The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization and
Preparatory Work, as described in this section, and that the Contractor shall have no right to
additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of
the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefore.
a Revised 10/08/03 Contract No. 3667-8 Page 69 of 91 Pages
STANDARD
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
PART 2, CONSTRUCTION MATERIALS
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per
Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A
Class 2 Aggregate Base and as specified herein.
Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic
matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials.
Aggregate shall conform to the grading and quality requirements shown in the following tables. At
the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer‘s written a pprova I. AGGREGATE GRADING REQUIREMENTS
Percentage Passing
1 Vf Maximum 3/4” Maximum
Sieve Sizes 2” ................................. 1112” ............................
1 ” .................................
314” ..............................
No. 4 ............................ No. 30 ........................ :.-. No. 200 ........................
Operating Range 100 9c-100
50-85
-
25-45 10-25 2-9
Operating Range
-
100 90-1 00
35-60 .-10-30 2-9
QUAUTY REQUIREMENTS
Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min.
Operating
The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed.
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for “Operating Range” but meet the “Contract Compliance’’ requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day’s work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements
Revised 10/08/03 Contract No. 3667-8 Page 70 of 91 Pages
specified for “Operating Range.”
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Contract Compliance,” the aggregate base which is represented by
these tests shall be removed. However, if requested by the Contractor and approved by the
Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25
per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate
grading and Sand Equivalent do not conform to the “Contract Compliance” requirements, only one
adjustment shall apply.
Type of Construction
All Concrete Used Within the Right-of-way
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or
one day‘s production, whichever is smaller.
Concrete Maximum
Class Slump mm (Inches)
330-C-23 (2)
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
-
Trench Backfill Slurry
(560-C-3250) (‘I
1 15-E-3 200 (8”)
Street Light Foundations and Survey Monuments
(1 90-E-400)
330-C-23 100 (4) -
Traffic Signal Foundations
.. (560-(2-3250)
350-C-27 100 (4”)
I (520-C-25OOP) I
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
be as per Table 201-1.1.2(A) SSPWC.
Concreted-Rock Erosion Protection
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1 .I .2(A) of the Standard Specifications for Public-Works Construction
not shown herein as changed are not affected by this table.
(590-C-3750)
31 0-C-17 per Table 300-1 1.3.1
201 -1.2.4 Chemical Admixtures. (e) Air-Entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 203 - BITUMINOUS MATERIALS
’ 203-5 EMULSION-AGGREGTE SLURRY.
203-5.2 Materials. Replace the first sentence with the following: Emulsified Asphalt in the Slurry
shall be of a polymer modified quick set type conforming to the requirements of CQS-lh. The
emulsion supplier shall certify that the asphalt residue contains at least 2.5% polymer (dry weight)
Revised 10/08/03 Contract No. 3667-8 Page 71 of 91 Pages
and that the polymer has either been added as a solid polymer to the base asphalt, or has been
added in the form of a latex at the time of emulsion manufacture. The polymer modified emulsified
asphalt shall be kept in a suspended state.
203-5.2 Materials. Add the following: Emulsion Aggregate Slurry shall able to support vehicular
traffic within four hours of application and 60 minutes of the last application of the work day.
203-5.2 Composition and Grading. Add the following: The Emulsion Aggregate Slurry shall be
Type II per Table 203-5.3 (A).
203-6 ASPHALT CONCRETE.
DELETE sections 203-6.2 and 203-6.3.2 and ADD the following:
203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification
data for review by the Engineer for each source of supply and type of mixture specified. The design
mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-
6.3 of the standard specifications for public works construction and these special provisions.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface
course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and
class E-AR-8000 ditches.
203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be
determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or
by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that
confirms the production of a particular mix design and verifies using samples of aggregate taken
before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with
Calif. Test 125.
When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size
samples shall be taken to ensure representative and adequate quantity of material for:
1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif.
Test 202.
-_ 2. Stability’ using:
a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual
Stabilometer Values
And/or
Marshall Stability in accordance with the Asphalt Institute’s MS-2 fabricated and
tested for traffic volume and shall be the average of three specimens.
‘Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the exttacted
gradation complies with Table 203-6.3.2 (A).
’Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/4.
b.
When using core sample analysis, the samples must be properly prepared to safeguard against
influx of outside contaminates and so that the cut surfaces do not influence the test results.
The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares,
@ Revised 10/08/03 Contract No. 3667-8 Page 72 of 91 Pages
overside drains and aprons at the ends of drainage structures shall be increased one percent by
mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete
placed on the traveled way.
203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in
conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the
gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be
considered in conformance with the mix design provided the stability of the completed mix complies
with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt
Institute MS-2.
Plant inspected asphalt concrete will be considered in conformance with the mix design when
visually inspected and the combined gradation of the Bin samples show conformance to the grading
as shown in Table 203-6.3.2 (A).
203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “and from
the Engineer’s field laboratory”. Last paragraph, add after D 21 72: “method A or B.”
203-6.7 Asphalt Concrete Storage. 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.
203-12 ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) SURFACING OR
INTERLAYER
203-12.1 General. Substitute as follows: Second Paragraph Item 3,
3) Screenings shall placed, rolled and loose material removed. Only then will the ARAM surface
be opened to traffic. The applied ARAM shall be allowed to cure for a period of seven (7)
calendar days prior to applying the Type I1 Emulsion Aggregate Slurry, Cape Seal.
203-1 2.2.2 Screenings. modify as follows: Second paragraph, first sentence, substitute with:
Screenings shall be in accordance with Table 203-12.2.2 (A), Fine 9.5 mm (3/8 in).
Add the following section:
203-13 ASPHALT PAVEMENT CRACK SEALANTS
203-13.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of
California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete
pavement. This material shall not be used in slots which exceed 16 mm (5/8“) in width or where
the slope causes the material to run from the slot. The material shall not be thinned in excess of
the manufacturer’s recommendations and shall not be placed when the air temperature is less than 7°C (45°F).
203-1 3.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid
form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C
(400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both
asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-
melt rubberized asphalt shall be as per Table 203-1 3.3(A).
e
Revised 10/08/03 Contract No. 3667-8 Page 73 of 91 Pages
Property Measuring Standard (ASTM
Designation)
ASTM D 3407, Sec. 5
ASTM D 3407, Sec. 6
,ASTM D 3407, Sec. 8
Cone Penetration
Flow, 60°C
Resilience
Softening Point, ASTM D 36
Ductility, ASTM D 113
Flash Point, COC, “C ASTM D 92
Viscosity, Brookfield ASTM D 4402
Thermosel,
SECTION 206 - MISCELLANEOUS METAL ITEMS
Results Conditions
25”C, 150 g, 5 s 3.5 mm, max.
5 mm, max.
25%, min. 25°C
82 “C, min.
300 mm, min.
288 “C, min.
2.5-3.5 Paes No. 27 Spindle, 20
25”C, 50 mm/min
rpm, 19O”C,
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”,
Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all
published by the State of California, Department of Transportation, Division of Procurement
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as
modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993 require the
Contractor or supplier to notify the Department of Transportation or to certify compliance to said
“Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operatidns by the State of
California, Department of Transportation and/or its employees or officials, such rights shall be vested
in the Engineer.
Add the following section:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign
Specification Sheets” of the State of California, Department of Transportation. The date of approval
shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the
“Notice to Proceed” of this contract, whichever is most recent.
-
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Type Ill encapsulated lens sheeting conforming to the requirements of this specification.
Revised 10/08/03 Contract No. 3667-8 Page 74 of 91 Pages
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Excepting only construction warning signs used at a single location during daylight hours for
not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of
vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum
substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic
signs shall be installed on IO-gage and 12-gage cold-rolled steel perforated tubing posts in the same
manner shown on the State of California, Department of Transportation “Standard Plans” 1995
edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as
follows:
a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m (7’). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5
ft2)of sign area, or the signs may be installed on existing lighting standards when ap-
proved by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993”.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts. Posts shall be IO-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mounted
signs are installed and the type of sign installation is not shown on the plans, post size and the
number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall
consist of reflective sheeting applied to a sign substrate.
Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of
a base, standard or framework and a sign panel. The units shall be capable of being delivered to
the site of use and placed in immediate operation; Sign panels for portable signs shall conform to
the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg-
end requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework
shall be finished with 2 applications of orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
-
a Revised 10/08/03 Contract No. 3667-8 Page 75 of 91 Pages
SECTION 210 - PAINT AND PROTECTIVE COATINGS
210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons,
and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01.
Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall
markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No.
8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the
molten thermoplastic material and shall conform to the requirements of CALTRANS Specification
No. 801 0-004 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic material and
glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128,
Sacramento, CA 9581 9, telephone number (916) 227-7000.
210-3 GALVANIZING
Add the following section:
21 0-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain
only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated
from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (I/<) thick or thicker,
shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding
of tightly contacting surfaces of these products prior to galvanizing is required only where seal
welding is shown on the plans or specified in these special provisions. Except for pre-galvanized
standard pipe, galvanizing of material 3.2 mm (I/<) thick or thicker shall be performed after
fabrication into the largest practical sections.
At the option of the Contractor, material thinner than 3.2 mm (I/<) shall be galvanized either before
fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating Designation 2600, or after fabrication in conformance with the requirements of ASTM Designation:
A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2
oz. per ft2) of actual surface area with no individual specimen having a coating weight of less than
305 g per square meter (1 .O oz. per ft2).
Galvanizing of standard pipe shall conform to the requirements of ASTM Designation: A 53.
Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts.
Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling,
bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to
remove all slag or other material that would interfere with the adherence of the zinc. When it is
necessary to straighten any sections after galvanizing, the work shall be performed without damage
to the zinc coating.
Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans,
shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs,
bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M,
A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or
mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless
otherwise specified, galvanizing shall be performed after fabrication. Components of bolted
assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally
threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after
-
@ Revised 10/08/03 Contract No. 3667-8 Page 76 of 91 Pages
galvanizing and shall conform to the requirements for thread dimensions and overtapping
allowances in ASTM Designation: A 563 or A 563M. When specified, painting of zinc coated
surfaces shall be in accordance with the procedures in Section 21 0-1, “Paint.” Galvanized surfaces
that are abraded or damaged at any time after the application of the zinc coating shall be repaired by
thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after
which the cleaned areas shall be painted with 2 applications of unthinned zinc-rich primer (organic
vehicle type) conforming to the provisions in Section 21 0-3.5, “Repair of Damaged Zinc Coating.”
Aerosol cans shall not be used.
TFPM
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
DAPCO Davidson Plastics Company, 18726 East Valley Highway,
Kent, Washington 98032,
212-1 LANDSCAPE MATERIALS.
Add the following section:
21 2-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict
adherence to manufacturer’s specifications and instructions. Postemergent herbicide for all areas
shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as
Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and
groundcover areas planted from flats shall be Treflan, Suman, Eptan, or approved equal.
SECTION 214 PAVEMENT MARKERS
214-5 REFLECTIVE PAVEMENT MARKERS
Add the following section:
21 4-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the
plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or
equal thereto.
TABLE 214-5.1(A)
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor I
Add the following section:
14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted
type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective
channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective
sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in
size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high’beam
headlights, by persons with vision of or corrected to 20/20. Reflective channelizer shall be one of
the types shown in Table 214-5.2(A), or equal thereto.
Revised 10/08/03 Contract No. 3667-8 Page 77 of 91 Pages
Type
Safe-Hit SH236MA
Carsonite "Super Duck" SDF-436
Rep0 "The Replaceable Post"
The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective
channelizers comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the engineer and were manufactured in accordance with the
approved quality control program.
Manufacturer of Distributor
Safe-Hit Corporation
1930 West Winton Avenue, Building #I 1
Hayward, CA 94545
Telephone (41 5) 783-6550
Carsonite International Corporation
2900 Lockheed Way
Carson City, NV 89701
Telephone (702) 883-51 04
Western Highway Products
P.O. Box 7
Stanton, CA 90680
Telephone (800) 422-4420
a Revised 10/08/03 Contract No. 3667-8 Page 78 of 91 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change
each instance reading “150mm (6 inches)” to “300 mm (12”)”.
301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The
Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have
base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway
or sidewalk constructed over them to no less than 95 percent maximum dry density as determined
by ASTM test D-I 557-91.
301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be
included in the contract bid price for which the subgrade is prepared and shall include all labor,
materials; including water, operations and equipment to scarify, adjust moisture, compact or
recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be
allowed.
SECTION 302 - ROADWAY SURFACING
302-4 EMULSION AGGREGATE SLURRY
302-4.3.1 General. Add the following:
The applied ARAM shall be allowed to cure for a period of seven (7) calendar days prior to applying
the Type II Emulsion-Aggregate Slurry, Cape Seal.
The surface of the pavement shall be thoroughly cleaned and swept by the Contractor no earlier
than 2 hours prior to the application of the Slurry. Street sweepers used for the pre-slurry
application cleaning shall be of the air-vacuum type.
I
The Contractor shall provide such flagmen and barricades as required to protect the uncured slurry
from vehicular traffic. Any damage to the uncured slurry shall be the responsibility of the Contractor.
Any tracking of the slurry on private property will be the responsibility of the Contractor to correct.
All survey and utility covers within the areas to be slurried shall be protected by the contractor such
that the slurry will not adhere.
302-4.3.1 General. Modify Table 302-4.3.1 (A) to read for Type II Slurry Seal:
Type II Slurry shall be applied at a rate between 1200 and 1400 SF/ELT.
?@ Revised 10/08/03 Contract No. 3667-8 Page 79 of 91 Pages
302-4.3.3 General. Add the following: The contractor shall facilitate the following testing and
monitoring activities to be performed by the City.
Obtaining load tickets for materials delivered to the stockpile sites, (to be given to the
City on the same day the material is received.
Obtaining tare and loaded weights for each load on each truck at the stockpile site.
Obtaining measurements of emulsion and water added for each truck.
The contractor shall provide to the City a 16 fluid ounce sample of the emulsified
asphalt used in the emulsion aggregate Slurry each day emulsion aggregate slurry is
constructed. The contractor shall provide a clear plastic container with a secure
screw top with each sample. The Contractor shall label each sample with the date
the sample was taken, batch number and the name of the street(s) where the mate-
rial was used. Each load of emulsified asphalt shall be accompanied by a Certificate
of Compliance to assure it is the same as used in the mix design.
Sampling for Wet Track Abrasion Testing
1)
2)
3)
4)
5)
302-4.4 Public Convenience and Traffic Control. Add the following: The Contractor shall
schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery.
The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling
schedule can be obtained by calling Coast Waste Management at (760) 929-9417. At least two
weeks prior to work, Contractor shall send, by first class mail, notification letters to all property
addresses on which sealing shall occur. Obtaining the appropriate addresses shall be the
contractor’s responsibility. Letters shall be as shown in bold type as follows, with the appropriate
information specific to the work inserted at the locations indicated in the brackets and italicized.
(Name of Contractor)
(Address of Contractor)
(Contractor‘s License Number)
(Date)
As a part of the City of Carlsbad’s ongoing program to maintain its streets,
your street will be sealed with a mixture of asphalt and sand, beginning in
two or three weeks. This process requires that your street be closed for
one day starting at 7:OO a.m. and continuing until the Contractor removes
the traffic control devices. You will be notified 72 hours in-advance of the
day your street will be closed by a brightly colored 3 W’ x 8 card
attached to your doorknob. You will also notice temporary no parking
signs on your street with a specific no parking date written on it.
A successful street maintenance program depends on your cooperation.
Please do not drive, walk, play, skate or allow pets on the sealed street
until it has dried. Furthermore, please do not wash your car or turn on any
sprinklers while you are waiting for the seal to dry. If you don’t plan to
leave your home before 7:OO a.m. on the day your street will be sealed,
and you need to use your vehicle later in the day, please park your car on
a \# Revised 10/08/03 Contract No. 3667-8 Page 80 of 91 Pages
an adjacent street in your neighborhood that is not signed as a no parking
zone. When walking to and from your car, remember not to walk on the
newly sealed street or you will have black residue on the bottom of your
shoes. The residue will damage some surfaces, will mark all surfaces
that you track it on and will be very difficult to remove.
(Name of Contractor) is the Contractor that will be performing the
resurfacing work for the City and you may call them at (24 hour per day
attended telephone number in the 760 area code) for any questions you
may have about the project. Sealing of your street will not occur on the
day your trash is collected. On the day your street is sealed mail delivery
may be delayed until the next day. You will not know the exact date your
street will be closed until you receive the 3 '/.." x 8 1!2a card. If you have a
moving company scheduled to come to your house within the next two
weeks, please call and inform the Contractor of the date. If you have any
concerns which are not addressed by the Contractor, please call the
City's Engineering Inspection Department at 438-1 161, extension 4323.
They will assist you in resolving the concerns.
The City of Carlsbad has some of the finest streets in the county due to
the concern and cooperation of citizens like you. Your cooperation is
greatly appreciated."
During sealing operations, the Contractors schedule for slurry seal application shall be designed to
provide residents and business owners whose streets are to be sealed sufficient paved parking
within an 800 foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of
the impending disruption. For a full street closure,- all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the notification which shall state the date and time the work will begin
and its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor's permanent office or field office
and the other number shall be a 24 hour number answered by a representative of the Contractor
who is knowledgeable about the project. At least one of the phone numbers shall be in the (760)
area code. An answering machine shall not be connected to either number. The notification shall
, also give a brief description of the work and simple instructions to the home or business owner on
what they need to do to facilitate the construction. The Contractor shall submit the contents of the
notification to the Engineer for approval. Notices shall not be distributed until approved by the
Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
Revised 10/08/03 Contract No. 3667-8 Page 81 of 91 Pages
doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability
to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices
shall be as shown in the following example, with the day of the week circled and appropriate
information specific to the work inserted at the locations indicated in the italicized font.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
302-10 ASPHALT RUBBER AGGREGATE MEMBRANE
302-10.1 Application. Add the following: The Contractor shall provide to the project a qualified
supervisor, highly experienced and fully knowledgeable in all aspects of asphalt-rubber construction.
This supervisor shall be in direct control of all Asphalt Rubber Aggregate Membrane work, and shall
be available at the project site on a continuous basis for consultation and to respond to directives
from the Engineer during all periods of this work.
The completed surface shall present a uniform appearance and shall be thoroughly compacted and
free from ruts, humps, depressions or irregularities due to uneven distribution of asphalt rubber or
screenings.
Asphalt concrete patches shall be allowed to setkure for a minimum of twenty-four (24) hours
before asphalt rubber is applied.
Prior to application of the asphalt-rubber aggregate membrane the pavement shall be cleaned with a
power broom.
The Contractor is required to specify the route of the material that is required to be removed and
hauled away. The Contractor shall provide this information at the pre-construction meeting. A
minimum of two sweepers shall be on the project site at all times. In addition to the streets in the
contract the Contractor shall keep all affected streets (haul routes) free of loose aggregate to the
satisfaction of the Engineer.
No Asphalt Rubber Aggregate Membrane (ARAM) shall be applied until the provisions of subsection
21 2-1.2.6, Herbicide Application, Section 302-1 1 Asphalt Concrete Pavement Crack Filling and
Sealing, Section 31 2-3 Pavement Marker Removal have all been satisfied.
The Contractor shall remove all existing markings, legends and striping, either permanent or
temporary in those areas to receive an ARAM. Removal of striping by high velocity water jet may be
permitted when there is neither potential of the water and detritus from the high velocity water jetting
to damage vehicles or private property nor to flow from the street into any storm drain or water
course and when approved by the Engineer. The Contractor shall vacuum all water and detritus
resulting from high velocity water jet striping removal from the pavement immediately after the water
jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to
leave the pavement surface. Surface variation limitations for high velocity water jet striping removal
shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas.
All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or
plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two)
working days prior to ARAM application.
Revised 10/08/03
.I Allowance for the two day period shall be shown in the
Contract No. 3667-8 Page 82 of 91 Pages
schedule required per section 6-1.
placement of Herbicide.
Contractor shall remove any visible plant growth prior to
Full compensation for removal of striping and herbicide application shall include but not be limited to:
furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be
considered as included in the contract unit price bid for ARAM with Type II Slurry and no additional
compensation will be allowed therefore.
The contractor shall not hand place the asphalt rubber or chips/screenings. The contractor shall
have the proper equipment to place these materials in cul-de-sac bulbs and around curb returns and
intersections. The contractor will be required to work around all existing manhole, survey
monuments, valve cans and other miscellaneous frames and covers. The contractor shall cooperate
with the owners of any frames and covers and shall cover and completely protect them with heavy
plastic or other suitable material.
302-10.2 Screenings. Add the following: Screenings shall be applied at a uniform rate of 28-40 Ibs.
per square yard as directed and shall be spread evenly over the full width of the equipment.
Rubber tire rollers shall not exceed 5 mph in speed.
Initial sweeping of excess screenings shall be completed before uncontrolled traffic is permitted on
the asphalt-rubber aggregate membrane. Public traffic shall not be permitted on the asphalt-rubber
aggregate membrane until 2 hours after screenings have been spread, or as directed by the
Engineer. The Contractor shall remove loose aggregate from parkways, sidewalks and intersecting
streets as the work progresses and shall continue until all excess or loose aggregate is removed
from the roadway surface and abutting right-of-way. The aggregate shall be disposed of by the
Contractor at no cost to the City.
Asphalt-rubber aggregate membrane shall be opened to public traffic at the end of work and after all
loose screenings are removed. The Contractor shall provide a second sweeping of excess
screenings on the day following the initial application. Included in this application shall be the
removal of loose chips from all adjacent gutters, sidewalks, driveway entrances, and streets not
receiving treatment. The Contractor shall exercise due care not to dislodge chips from the surface
during the sweeping. The aggregate shall be disposed of by the Contractor at no cost to the City.
The Contractor shall perform a final continuous sweeping of the asphalt-rubber aggregate
membrane one week after the initial sweepings and prior to the application of the Type II slurry cape
seal. Included in this -final sweeping shall be the removal of loose screenings from adjacent gutters,
sidewalks, driveway entrances and streets not receiving treatment. The aggregate shall be
disposed of by the Contractor at no cost to the City.
add the following section:
302-11 ASPHALT CONCRETE PAVEMENT CRACK FILLING AND SEALING
302-1 I .I Crack Filling and Sealing
302-11.1.1 Surface Preparation Cracks shall be designated to be sealed as set forth in section
302-11.1.3, Measurement and Payment. Cracks between '!4 inch and % inch in width shall be
routed clean, and free from all dirt, debris and vegetation by mechanical means to a minimum width
of '/z inch wide and '/z inch deep. The router shall be capable of following random cracks easily.
Those cracks greater than 3/4 inch wide shall be blown clean and free from all dirt, debris and
Revised 10/08/03 Contract No. 3667-8 Page 83 of 91 Pages
vegetation with compressed air of not less than 100 psi. Elastic sealant material shall be as set forth
in section 203-13. Debris resulting from surface preparation shall be disposed of outside the
highway right of way in accordance with Section 7-8.1, “Cleanup and Dust Control.”
Type of underground facilities
Water-Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve
302-11.1.2 Application. Sealant material shall be placed in dry conditions only, Sealant shall be
applied when the pavement surface temperature is greater than 4°C (40°F).
Marking w-
S
RW
The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant
. shall be removed from the crack with a minimum overlap onto adjacent pavement.
302-1 I .I .3 Measurement and Payment. The linear footage set forth in the bid item for crack filling
and sealing is for estimating purposes only. Actual quantity will be as designated and measured in
the field. The Engineer or Inspector will designate and mark the final limits of the crack sealant
application area.
Crack Filling and Sealing areas shall not be resurfaced until the Engineer has accepted the crack fill
and sealing areas according to the requirements of this subsection.
Full compensation for conforming to the requirements of Crack Seal shall include but not be limited
to, furnishing all labor, materials, tools, equipment, and incidentals necessary to clean, feel, and seal
the asphalt concrete cracks.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS.
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3”) high
block letters directly above the point that it is crossed by underground facilities with the marking
specified in Table 303-5.5.2(A)
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be
considered as continuing across driveways and access ramps when constructed adjacent the.reto.
Neither curb and gutter nor curb will be paid for across the length of local depressions, except that
which occurs in gutter transitions at each side of an inlet.
@= ’4 Revised 10/08/03 Contract No. 3667-8 Page 84 of 91 Pages
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision
necessary for painting traffic lanes, directional arrows, .guidelines, curbs, parking lines, crosswalks,
and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the
public. When temporary detour striping or markings are no longer required, they shall be removed
prior to painting the new traffic stripes or markings.
31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall
provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic
Manual, or that may be confusing to the public. The surface produced by grinding the existing or
temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane
more than 3 mm (I/() in 3 m (10’) when measured parallel to the centerline of the street or more
than 6 mm (‘/41)) in 3 m (10’) when measured perpendicular to the centerline of the street. The use of
any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall
be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction.
31 0-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus
from the high velocity water jetting to damage vehicles or private property nor to flow from the street
into any stom drain or water course and when approved by the Engineer. The Contractor shall
vacuum all water and detritus resulting from high velocity water jet striping removal from the
pavement immediately after the water jetting and shall not allow such materials to flow in the gutter,
enter the storm drain system or to leave the pavement surface. Surface variation limitations for high
velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the
Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.1 0’) thick asphalt concrete overlay is not permitted.
31 0-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor
shall establish the necessary control points for all required pavement striping and markings by
surveying methods. No layout of traffic striping shall be performed by the Contractor before
establishment of the necessary control points. The Contractor shall establish all traffic striping
between these points by string line or other method to provide striping that will vary less than 80mm per 1 OOm (112 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 1OOmm (1/ 2 inch in 50 feet) by wet grinding, and then
correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses.
-_
-
31 0-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply
the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor
shall paint the ends of each median nose yellow.
Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly
visible both day and night.
4-f E9 Revised 10/08/03 Contract No. 3667-8 Page 85 of 91 Pages
31 0-5.6.1 0 Measurement and Payment. Modify the first paragraph as follows: Final and temporary
traffic striping, curb markings and pavement markings as shown on the plans and required by the
specifications shall be included in the prices bid for striping, and no additional compensation will be
allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the
Contractor‘s expense, and no additional compensation will be allowed therefore. The prices bid shall
include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final
and temporary traffic striping.
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT. Add the following to the third paragraph:
4) When being installed on asphalt concrete pavement sooner than 14 days after placement
of the asphalt concrete pavement course on which the pavement markers are to be placed.
Add the following section:
312-1 .I Reflective Channelizer Placement and Removal. The Contractor shall place and
remove reflective channelizers the same as for pavement marker placement and removal. The
Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on
curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8.
The Contractor shall perform all layout work necessary to place the channelizers to the proper
alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause,
the channelizers shall immediately be replaced or restored to their original location, by the
Contractor. When reflective channelizers are removed the pavement surface shall be restored to
the same color and surface finish as the adjacent pavement.
Section 31 3 - Temporary Traffic Control Devices
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1 .I General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown bn
the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. -.
31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers
which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer.
The Contractor shall use temporary reflective raised pavement markers for temporary pavement
marking, except when the temporary pavement markers are used to replace patterns of temporary
traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of
the removable-type pavement markers shall conform to the section 312 “Pavement Marker
Placement and Removal”, except the 14-day waiting period before placing the pavement markers on
new asphalt concrete surfacing as specified in section 312-1 “Placement”, shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will
be required.
@ Revised 10/08/03 Contract No. 3667-8 Page 86 of 91 Pages
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special
provisions. The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective
sheeting shall be visible at 300 m (1 000’) at night under illumination of legal high beam headlights,
by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the
pavement in the same manner as provided for cementing pavement markers to pavement in section
312-1, “Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall
be placed on the alignment and location shown on the plans and as directed by the Engineer. The
channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved
alignment. All layout work necessary to place the channelizers to the proper alignment shall be
performed by the Contractor. If the channelizers are displaced or fail to remain in an upright posi-
tion, from any cause, the channelizers shall immediately be replaced or restored to their original
location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of
Compliance in accordance with the provisions of section 4-1 5, “Certification”. Said certificate shall
certify that the channelizers comply with the plans and specifications and conform to the prequalified
design and material requirements approved by the Engineer and were manufactured in accordance
with a quality control program approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
31 3-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
-_ Add the following secfion:
313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS.
Add the following section:
3133.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of
interconnected new or undamaged used precast concrete barrier units as shown on the plans.
Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled
crash cushions units as shown on the plans.
313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K)
shall be freshly coated with a white color paint prior to their first use on the project. The paint shall
conform to the provisions in sections 21 0-1.5 “Paint Systems” and 31 0 “Painting”. Contractor shall
be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48
hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove
graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar
@ Revised 10/08/03 Contract No. 3667-8 Page 87 of 91 Pages
the appearance of said units when ordered by the Engineer after the units are in place.
Add the following section.
313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the
temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete
used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1,
“Portland Cement Concrete’’ and 303-1 “Concrete Structures”.” Load tickets and a Certificate of
Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1,
“Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of
concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM
Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting
bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a
minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/~) thick plate welded
on the upper end with a 5-mm (3/t~”) fillet weld. The final surface finish of temporary railings
(Type K) shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed
surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the
pigmented curing compound method. The pigmented curing compound shall be type 2 curing
compound. Temporary railing (Type K) may have the Contractor’s name or logo on each panel.
The name or logo shall not be more than 100 mm in height and shall be located not more than
300 mm above the bottom of the rail panel.
Add the following section.
313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary
railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K)
shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing
throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed
and maintained in alignment without substantial offset to each other. The precast concrete units
shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail
unit placed within 3 m (IO’) of a traffic lane shall have a reflector installed on top of the rail as
directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P
marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be
installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end
facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the
marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels
shall conform to the provisions of section 206-7.2, “Temporary Traffic Signs”. Where shown on the
plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When
temporary railings (Type K) are removed, any area where temporary excavation or embankment
was used to accommodate the temporary railing shall be restored to its previous condition, or
constructed to its planned condition.
Add the following section:
31 3-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall
be “Energite II I” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System
Modules” manufactured by Roadway Safety Service, or equal. Features required to determine
equivalence of any other temporary sand-filled crash cushion units shall be approval of the system
by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards.
Other features will be suitability to application, operational characteristics, durability and other such
characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC)
shall be of the type and array configurations shown on plans, and installed at every end of, or gap in,
the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of
direction, is 4.6 m (15’) or less to the end of the temporary railing (Type K) being considered. The
.
@ Revised 10/08/03 Contract No. 3667-8 Page 88 of 91 Pages
TSFCC shall be installed per CALTRANS Standard DrawingsTI and T2 for approach speeds no
less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph),
whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said
standard drawings. A Type J and/or P marker panel conforming to the requirements of the
CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS
Standard DrawingsTl and T2. Particular care shall be taken to assure that crash cushions are
installed with the soil supporting them and the adjacent soil leveled to match the elevation of the
bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to
the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the
TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed
from.
Add the following section:
31 3-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and
temporary appurtenances thereto shown on the plans or required in the specifications are a part of
the lump-sum item for traffic control and payment therefore shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in
applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers,
signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the
plans, as specified in the Standard Specification and these special provisions, and as directed by the
Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors
marking them shall include the installation, grading for installation, grading for the approach path,
maintenance, painting and re-painting, replacement of damaged units and removal and shall also be
included in the lumpsum price bid for traffic control. Payment for installation and/or relocation of K-
rails and crash cushions when not shown on the plans and requested by the Engineer shall be made
per section 3-3, Extra Work, SSPWC.
--
e= E# Revised 10/08/03 Contract No. 3667-8 Page 89 of 91 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES
600-3 Rubberized Emulsion - Aggregate Slurry
600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall
be Type I Slurry Aggregate.
600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the
provisions of subsection 212-1.2.6, Herbicide Application, Section 302-1 1 Asphalt Concrete
Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been
satisfied.
The Contractor shall remove all existing markings, legends and striping, either permanent or
temporary in those areas to be slurried. Removal of striping by high velocity water jet may be
permitted when there is neither potential of the water and detritus from the high velocity water jetting
to damage vehicles or private property nor to flow from the street into any storm drain or water
course and when approved by the Engineer. The Contractor shall vacuum all water and detritus
resulting from high velocity water jet striping removal from the pavement immediately after the water
jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to
leave the pavement surface. Surface variation limitations for high velocity water jet striping removal
shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas.
All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or
plant growth of any kinashall be treated with herbicides. Herbicides shall be applied at least 2(two)
working days prior to sealing of street. Allowance for the two day period shall be shown in the
schedule required per section 6-1. Contractor shall remove any visible plant growth prior to
placement of Herbicide.
Full compensation for removal of striping and herbicide application shall include but not be limited to:
furnishing all labor, -tools, equipment, and materials necessary for doing the work and shall be
considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and
no additional compensation will be allowed therefore.
600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public
Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material
allowed on City right-of-way.
e Revised 10/08/03 Contract No. 3667-8 Page 90 of 91 Pages
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)X)(X-XXXX FIELD # (760)XXX--x)(xx
dear resident: As a part of the City of Carlsbad’s ongoing pro- gram to maintain its streets, your street will be resurfaced with asphalt concrete over the exist- ing roadway surface. This construction will re- quire the closing of your street to through traffic for one day. Your street, from XM Sf. to LIEF Ave. will be closed to through traffic and resur- Faced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX From 7:OOA.M. to 500 P.M. If you don’t plan to leave your home by 7:OO A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resur- Facing can be determined by calling either the Contractor or the City of Carlsbad’s Project Inspector. When walking to and from your car, .emember not to walk on the newly overlaid street or you will have black residue on the bot- tom of your shoes. Please do not drive, walk on, Nalk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your awns, washing cars, etc., approximately 6-8 lours after the asphalt is laid as running water Nil1 cause damage to the new surface. 4BC is the Contractor that will be performing the -esurfacing work for the city and you may call :hem at the above phone number if you have any questions regarding the project. Resurfac- ng of your street will not occur on the day your :rash is collected. Mail delivery may be delayed f the postman cannot reach the mailbox that
Jay. If you have a moving company scheduled ’or that day please call and inform the Contrac- .or of the date. If you have any concerns which :annot be addressed by the Contractor, you nay call the City’s Project Inspector @ (xxx)
Thank you for your cooperation as we work to nake a better Citv of Carlsbad.
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Revised 10/08/03 Contract No. 3667-8 Page 91 of 91 Pages