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Home My WebLink AboutDK Environmental; 1997-01-24; 2489I 8 I CITY OF CARLSBAD i I I 1 1. I* San Diego County 1 California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS E FOR BUENA VISTA CHANNE DREDGING B I I I U I I/: 1 CONTRACT NO. 2489 q I* 'I ' i */ .i I I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad 1 Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 17TH day of Dece 1996, at which time they will be opened and read, for performing the work as follows: Dredge northern 50% of the Buena Vista Channel and remove cattails. * I 1 I BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 The work shall be performed in strict conformity with the specifications as approved by thc Council of the City of Carlsbad on file with the Engineering Department. The specifications fc work include the Standard Specifications for Public Works Construction, (SSPWC), 1994 Editior the January 1995 and November 1995 supplements thereto, all hereinafter designated "SSPW( issued by the Southern California Chapter of the American Public Works Association ar amended by the special provisions sections of this contract. Reference is hereby made t specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractc utilize recycled and recyclable materials when available and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding wt contractor or subcontractor has been debarred by another jurisdiction in California as an irrespor No bid will be received unless it is made on a proposal form furnished by the Purchasing Deparh Each bid must be accompanied by security in a form and amount required by law. The bic security of the second and third next lowest responsive bidders may be withheld until the Coi has been fully executed. The security submitted by ail other unsuccessful bidders shall be return them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provi of law (Public Contract Code Section 10263), appropriate securities may be substituted foi obligation required by this notice or for any monies withheld by the City to ensure performance L this Contract. Section 10263 of the Public Contract Code requires monies or securities ti deposited with the City or a state or federally chartered bank in California as the escrow agent. escrow agent shall maintain insurance to cover negligent acts and omissions of the age1 connection with the handling of retentions under this section in an amount not less than $100,00( 1 b I 1 1c I .bidder. 1 1 8 f contract. I 1 I II 1 /29/96 1. Q 19 I The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 8. Bidder's Statement of Technical 2. Bidder's Bond Ability and Experience 3. Non-Collusion Midavit 9. Certificate of Insurance 4. Contract 10. Bidder's Statement of Debarmenl 5. Designation of Subcontractors 11. Purchasing Department 6. Amount of Subcontractors' Bid Representation and Certification 7. Bidder's Statement of Financial 12. Escrow Agreement for Security All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie: approximate and serve solely as a basis for the comparison of bids. The Engineer's Estin is $200,000. No bid shall be accepted from a contractor who is not licensed in accordance with provisions of California state law. The contractor shall state their license number, expic date and classification in the proposal, under penalty of perjury. The following classifica are acceptable for this contract: "A" in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documen lieu of the usual 10% retention from each payment, these documents must be completed submitted with the signed contract. The escrow agreement may not be substituted at a date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchz Department, City Hall, 1200 Carisbad Village Drive (formerly Elm Avenue), Carisbad, Califc ' 0 for a non-refundable fee of $10.00 per set. If plans and specifications are to be mailed, the for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any n irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execuk Contract shall be those as determined by the Director of Industrial Relations pursuant tc Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the L Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. Contractor to whom the Contract is awarded shall not pay less than the said specified previ rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Se 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subk and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized ofl for the purposes of Section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 apply to the Contract for work. I. I I I I R 8 I 1 I b I I 8 Responsibility Deposits (optional) t e 1 /29/9 P I TABLE OF CONTENTS - Item NOTICE tNVITING BIDS ....................................................................................................... CONTRACTORS PROPOSAL.. BIDDER'S BOND TO ACCOMPANY PROPOSAL ............................................................... DESIGNATION OF SUBCONTRACTORS ............................................................................ BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................. BIDDER'S CERTIFICATE OF INSURANCE BIDDER'S STATEMENT OF DEBARMENT .................................................... :.. ................... I 1. ........................................................................................... I 1 1 1 I 1. I 1 ................................................ .......................................................................... 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ............................................................................ CONTRACT- PUBLIC WORKS. .......................................................................................... LABOR AND MATERIALS BOND PERFORMANCE BOND ....................................................................................................... REPRESENTATION AND CERTIFICATION ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION ................................................................................... RELEASE FORM .................................................................................................................. ......................................................................................... ......................................................................... SPECIAL PROVISIONS I SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOf PUBLIC WORKS CONSTRUCTION ............................................................................... I II. SPECIAL PROVISIONS .................................................................................................. I. E II I i @ 1 /; no I I A MANDATORY PRE-BID MEETING WILL BE HELD AT THE CITY OF CARLSt JEFFERSON DUCK FEEDING PARKING LOT AT THE INTERSECTION OF JEFFER STREET AND MARRON ROAD ON MONDAY, DECEMBER 10, 1996 AT 1O:OO A.M. I RECEIVED AND OPENED FROM CONTRACTORS WHO HAVE NOT ATTENDED I I 1 I 1 I 4 PRE-BID MEETING SHALL BE CONSIDERED UNRESPONSIVE AND WILL BE REJECl All bids are to be computed on the basis of the given estimated quantities of work, as indic in this proposal, times the unit price as submitted by the bidder. In case of a discrep between words and figures, the words shall prevail. In case of an error in the extension of i price, the corrected extension shall be calculated and the bids will be computed as indic 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 t or written in with ink and must be initialed in ink by a person authorized to sign foi Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day pri bidding. Submission of bids without acknowledgment of addenda may be cause of rejectic bid. Bonds to secure faithful performance and warranty of the work and payment of laborers materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (5 respectively, of the Contract price will be required for work on this project. These bonds shz kept in full force and effect during the course of this project, and shall extend in full force effect and be retained by the City until they are released as stated in the Special Provi! section of this contract. All bonds are to be placed with a surety insurance carrier admittec I 0 authorized to transact the business of insurance in California and whose assets exceed liabilities in an amount equal to or in excess of the amount of the bond. The bonds a contain the following documents: 1) An original, or a certified copy , of the unrevoked appointment, power of attorne laws, or other instrument entitling or authorizing the person who executed the bond ' 2) A certified copy of the certificate of authority of the insurer issued by the insur commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual state and quarterly statement filed with the Department of Insurance pursuant to Articlt (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance C within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the busine insurance in the State of California by the Insurance Commissioner. Auto policies offerc meet the specification of this contract must: (1) meet the conditions stated above fc insurance companies and (2) cover any vehicle used in the performance of the contract, onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-sched The auto insurance certificate must state the coverage is for "any auto" and cannot be limit any manner. I m n so. 8 1 It I 1 I 1 Q I/: 1. 1 Workers' compensation insurance required under this contract must be offered by a ami meeting the above standards with the exception that the Best's rating condition is waived. City does accept policies issued by the State Compensation Fund meeting the requiremer workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. 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 submittins required bonds and insurance, as described in the contract, within twenty days. If the Contri fails to comply with these requirements, the City may award the contract to the second or 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 Ci Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carisbad, California, by Resolution No. 96- adopted on the 1p day of November, 1996. I 1 1 I I @ 1. a 1 I f I t I I I. 1 / / -u ,. x -- ,?-- - "L*J .-- e i. LC < k Ad.<"-- '2. z /I ~ /- / J Aletha L. Rautenkranz, City Clerk / i Date ' 1 c a I. R 1 ClTY OF CARLSBAD BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 CONTRACTOR'S PROPOSAL I. -1 I 1 I I City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares heishe has carefully examined the location of the work, reaa Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fumis labor, materials, equipment, transportation, and services required to do all the work to coml Contract No. 2489 in accordance with the Plans and Specifications of the City of Carlsbad, the Special Provisions and that heishe will take in full payment therefor the following unit pi for each item complete, to wit: Item Quantity Unit Approximate 8 - No. Description and Unit Price Total de Haymar Drive at 1 Dollars (Lump Sum) 1 Buena Vista Channel Dredging LS /9s 7 lq .95 1 4 571 9.4 5 from Jefferson Street to I I I 1 Total amount of bid in words: BMt h' 4eQ fl?m?&-fikf +ewsu-r- d -5zUeyL &bd%le&! 6-dfee-44 f'G/- Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. proposal. /9s, 7lV - 9 S 1c Addendum(a) No(s). me hadhave been received and is/are included ir 72 FLW=Q ju5k L /e#- 4ih E;Ltz /2-//-9G 7 P fl QVb.:...", u.&/2..?&/ @&+A. */ILL? rzh c@+r / I [A/% /&- 3 g7f L-Z- (J7P-Z t 1. Q 1 /: I 1 The Undersigned has checked carefully all of the above figures and understands that the will not be responsible for any error or omission on the part of the Undersigned in preparinc bid. The Undersigned agrees that in case of default in executing the required Contract necessary bonds and insurance policies within twenty (20) days from the date of awai Contract by the City Council of the City of Carlsbad, the City may administratively authl award of the contract to the second or third lowest bidder and the bid security of the lo bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensc do business or act in the capacity of a contractor within the State of Cali under license number 72%\\% , classification expires on 4 13o(98 J , and that this statement is true and correct and ha legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant tc Business and Professions Code shall be considered nonresponsive and shall be rejected b City. 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shz invalidated by the failure of the bidder to be licensed in accordance with California la However, at the time the contract is awarded, the contractor shall be properly licensed. P Contract Codes 20104. The Undersigned bidder hereby represents as follows: I I 1 1 i 1 1. 1 1 8 I 8 1 .... P f G I 1. That no Council member, officer agent, or employee of the City of Carlsbad is persa interested, directly or indirectly, in this Contract, or the compensation to be hereunder; that no representation, oral or in writing, of the City Council, its offit agents, or employees has inducted himiher to enter into this Contract, excepting those contained in this form of Contract and the papers made a part hereof by its tc 2. That this bid is made without connection with any person, firm, or corporation mak bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is sm (Cash, Certified Ct Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which req every employer to be insured against liability for workers' compensation or to undertake insurance in accordance with the provisions of that code, and agrees to comply with provisions before commencing the performance of the work of this Contract and contini comply until the contract is complete. m and .... .... .... @ IC 1 * --. d ** 1 I I 1 t I I I 8 1. I I 1 I I I I The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articl relative to the general prevailing rate of wages for each craft or type of worker need@ execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE 0 (1) Name under which business is conducted DK Env; fovzw\e~ +A (2) Signature (given and surname) of propriet (3) Place of Business 9b cO\b'l LGMe (Street and Number) City and State qg$ Mw5;wz , CA wss3 (4) Zip Code 4yss3 Telephone No. /S I 0) 3 76- bq 0s (5\0> 228-7370 "F=;=- 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 n by a general partner) (3) Place of Business City and State (Street and Number) I (4) Zip Code Telephone No. 1 c a 1. Id . A >* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Q&u S. &I IeG, LMWY NAME, ~ITLE OF OFFICER - E G 'JANE DOE, NOTARY PUBLI NAME(S) OF SIGNER(S) personally appeared badid b . b"bAh) a5h personally known to me - OR -bproved to me on the basis of satisfactory ev to be the person(s) whose name(s) subscribed to the within instrument a knowledged to me that he/she/they ex the same in his/her/their authc capacity(ies), and that by his/he signature(s) on the instrument the per CATHY S. COLLETT or the entity upon behalf of whic person(s) acted, executed the instri WITNESS my hand and official seal. OFFICIAL SEAL NOTARY PUBLIC-CALIFORNIA COMM. NO. 1041820 SAN DlEGO COUNN MY COMM. WP. OCT. 8,1998 Though the data below IS not required by law, it may prove valuable to persons relying on the document and COI fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOC1 &i+y &.&rIsbad burn& ~~~+~@~my\e\ ocd~$nz @WAE& DO .aq8? bd-mk TITLE OR TYPE OF DOCUMEN' TITLE@) 0 GENERAL 0 AlTORNEY -I N-FACT GUARDIAN/CONSERVATOR NUMBER OF PAGES - SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED AI 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga i I IF A CORPORATION, SIGN HERE (1) Name under which business is conducted a t I 1 (2) I I I Signature I Title Impress Corporate Sea (3) Incorporated under the laws of the State of (4) Place of Business City and State (Street and Number) I (5) Zip Code Telephone No. 1 o ATTACHED NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST List below names of president, vice president, secretary and assistant secretary, corporation; if a partnership, list names of all general partners, and managing partners: 1 I I I I I I I Q 1 c 1. I BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) I I. 8 1 I 1 1 1 u I 1 1 I '-w Accompanying this proposal is a *Certified *Cashiers check payable to the order of ( OF CARLSBAD, in the sum of I ($$. this amount being ten percent (10%) of the total amount of the bid. The proceeds of this cl shall become the property of the City provided this proposal shall be accepted by the through action of its legally constituted contracting authorities and the undersigned shall fi execute a contract and furnish the required Performance, Warranty and Payment Bonds proof of insurance coverage within the stipulated time; otherwise, the check shall be retumc the undersigned. The proceeds of this check shall also become the property of the City il undersigned shall withdraw his bid within the period of fifteen (15) days after the date set fol opening thereof, unless otherwise required by law, and notwithstanding the award of contract to another bidder. ' -1 0 1 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 be executed--the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the I Pq 112 1. - 'i 10 BIDDER'S BOND TO ACCOMPANY PROPOSAL BOND NO: 007ooga 0 PREMIUM INCLUDED KNOW ALL PERSONS BY THESE PRESENTS: as Surety are heid and firmly bound unto the city of Carlsbad, California, in an amount follows: (must be at least ten petcent (10%) of the bid amount) TWENTY THOUSAND-( $20,000 1 for which payment, well and Wy made, we bind ourselves, our heirs, executors a administrators, su~ssors or assigns, jointly and severally, firmly by these presents. THE CONDlT6ON OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of t abovebounden Principal for: 0 That we, DK ENVIRONMENT= a$ principal, and FAR WEST INSURANCE COY BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 in the City of Carlsbad, is accepted by the City Council, and it the Principal shall duly enter ii and execute a Contract including required bonds and insurance policies within twenty (20) dr from the date of award of Contract by the City Council of the City of Carlsbad, being duly notif of said award, then this obligation shall become null and void; atherwise, it shall be and rem in full force and effect, and the amount specified herein shall be forfeited to the said City. .... .... * .... .... .... .... .... .... ..a. .... .... .e.. .... .... 1 i2$ 0 0 - ..- \ 11 In the event Prinapal executed this bond as an individual, fi is agreed that the death of Princi~ 0 shall not exonerate the Surety from its obligations under this bond. =this 1 7 day of Executed by SURETY this 12TH day I.1996. DECEMBER I A9Z PRINCIPAL: SURETY: ” -frame of Principal) (name of Surety) I SAN FRANCISCO, CA. 94111 DK ENVIR0”Ta FAR WEST INSURANCE COMPANY 100 CALIFORNIA ST. STE. 1160 (address of Surety) 415-362-4300 (print name here) 13-e/J Tie and Organization of Signatory) E3y: CECILY M. GIPSON, ATTORNEY-IS-FA (sign here) (printed name of Attorneyin-Fad) (Attach corporate resolution showing cum power of attorney.) * ,#a (print name here) k (We an3 organization of signatory) (Proper notariai acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. only one officer signs, the corporation must attach a resolution certified by the secretary assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney / d BY: r 1 I29 a 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared i? personally known to me - OR -&roved to me on the basis of satisfactory evi to be the person(s) whose name(s) subscribed to the within instrument ai knowledged to me that he/she/they exc the same in his/her/their authc capacity(ies), and that by his/hei signature(s) on the instrument the pen or the entity upon behalf of whic person(s) acted, executed the instru WITNESS my hand and official seal. NAME(S) OF SIGNER(S) SIGNATURE OF NOTARY Though the data below IS not required by law, it may prove valuable to persons relying on the document and cou fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU BIidGCS kd CfD bo wo; CORPORATE OFFICER TITLE OR TYPE OF DOCUMEN'T TITLE(S) NUMBER OF PAGES OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 01 993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 71 84 Canoga P CAPACITY CLAIMED BY SIGNER - - - PARTNER(S) E GUAADIAN/CONSERVATOR - AlTORNEY IN FACT - TRUSTEE(S) - SUBSCRIBING WITNESS - - INDIVIDUAL(S) - CORPORATE OFFICERS - Is OTHER - - SIGNER REPRESEC NAME OF PERSON(S) OR EN used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, otherwise distributed without the permission ofthe Company. Any party concerned about the validity ofthis POA or an accompanying Company bonc OF FAR WEST BOND SERVICES other written 01 Federal Contract (Performance & Payment) $*** *479,000.00 Small Business Administration Guaranteed Bonds up to $**1,250,000.00 and to bind the company thereby. This appointment is made under and by I, the undersigned secretary of Far West Insurance Company, a N effect and has not been revoked and furthermore, that the resoluti the By-Laws of the Company, are now in full force and effect. are now in full force and ef€ at this Power of Attorney remains in fL wer of Attorney, and that the relevant f 007009015 Signed & sealed th' *******PC** Article 11, Section 7 of the By-Laws of Far Wes d sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any IN WITNESS WHEREOF, Far West Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereun this 14th day of December, 1995. State of California he/she/they executed the same in hish zed capacity(ies), and that by hishedtheir i 1 1 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amouni follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of above-bounden Principal for: , as Principal, and 1. 1 1 I I 1 .... 1 1 .... I I II .... I I .... 1. 1 BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter and execute a Contract including required bonds and insurance policies within twenty (20) c from the date of award of Contract by the City Council of the City of Carlsbad, being duly noti of said award, then this obligation shall become null and void; otherwise, it shall be and ren in full force and effect, and the amount specified herein shall be forfeited to the said City. I .... I 0 .... .... .... .... .... .... .... .... .... @ 1 i2 I 1 I 1 I I 1 I In the event Principal executed this bond as an individual, it is agreed that the death of Princ shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of Executed by SURETY this dz PRINCIPAL: SURETY: 8* I19-. 119, (name of Principal) By: (name of Surety) (sign here) (address of Surety) (print name here) (telephone number of Surety) By: 1 (Tiiie and Organization of Signatory) (signature of Attorney-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) I a (print name here) I (Attach corporate resolution showing CUI power of attorney.) (tile and organization of signatory) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached (President or vice-president and secretary or assistant secretary must sign for corporation5 only one officer signs, the corporation must attach a resolution certified by the secretar assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 1 1 I I I 8 I By: JANE MOBALDI Deputy City Attorney P3 1 /2 I' 1 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT SUBCONTRACTOR'S BID AND "DESIGNATION OF OWNER OPERATORS & AMOUN 1 1 OWNER OPERATOR WORK" FORMS 0 REFERENCES Prior to preparation of the following Subcontractor and Owner Opei disclosure forms Bidders are urged to review the definitions in Section SSPWC especially, "Bid," "Bidder," "Contract," "Contractor," "Coni Price," "Contract Unit Price," "Engineer," "Subcontractor" and "Work" the definitions in Section 1-2 of the Special Provisions especially 'I[ Organization" and "Owner Operator/Lessee." Bidders are further urge review the following sections of the Special Provisions 2-3. I "General 3.3 "Subcontractor Items of Work," 2-3.4 "Owner Operators" and 2 CAUTIONS Bidders are cautioned that failure to provide complete and COI information may result in rejection of the bid as non-responsive. Bids propose performance of more than 50 percent of the work by other the Contractor's own organization will be rejected as non-responsive Bidders shall use separate disclosure forms for each Subcontractc Owner Operator (O+O)/Lease of manpower and equipment tha proposed to be used to complete the Work. All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractc Owner Operator/Lessee the percentage of the bid item installed by Subcontractor or Owner Operator/Lessee being listed in the line of form must be entered under the column "010 of Item by Sub or "01 Item by 0+0 as applicable. If a Subcontractor or OC Operator/Lessee installs or constructs any portion of a bid item the e amount of the Contract Unit Price shall be multiplied by the Quantii the bid item that the Subcontractor or Owner Operator/Lessee instal Suppliers of materials from sources outside the limits of work are subcontractors. The value of materials and transport for materials sources outside the limits of work, as shown on the plans, shal assigned to the Contractor or to the Subcontractor, as the case ma) The item number from the "CONTRACTORS PROPOSAL" (Bid Shc shall be entered in the "8id Item No." column. When a Subcontractor has a Carlsbad business license the number r be entered on the form. If the Subcontractor does not have a 1 business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as be necessary to provide the required information. The numbe additional form pages shall be entered on the first form page of each I 1 I 1 I I I 1 I I I "Penalties and Remedies." INSTRUCTIONS 1. 1 installing them. I 1 so duplicated. 1 12 G 1. I I 1 I I* I I 1 I I 1. I II 1 I 1 8 I I Bidder may, at its option, combine bid items on a single row in the c on the disclosure forms. If using this option the Bidder must indicate bid item numbers to which the information in the row pertains. This OF may not be used where the subcontractor or owner operatoi constructing or installing less than 100 percent of a bid item. percentages and dollar amounts may be the sums of the bid items lir When the Bidder proposes using a subcontractor or ov operatorAessee to construct or install less than 100 percent of a bid i the Bidder must attach an explanation sheet to the designatior subcontractor or designation of owner operator/lessee forms applicable. The explanation sheet must clearly apprise the Agency of specific tasks, materials and/or equipment that are proposed to t>E supplied. 8' in that row. 1 12 Q I. I I 1 I 1 DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WOW The Bidder MUST complete each information field on this form for each owner operatc lessee (O+O) that it proposes to use to perform any portion of the Work, in an amount in exc of 0.5 percent of the Prime Contractor's bid. Additional copies of this form may be attache required. This form must be submitted as a part of the Bidder's sealed bid. Failure to pro' complete and correct information may result in rejection of the bid as non-responsive. Excep; the individuals listed below the Bidder certifies that no Owner operator/lessee wiil be allowel perform any portion of the Work. The Bidder further certifies that no changes in the OM operator listed work will be made except upon the prior approval of the Engineer. Provid separate sheet for each Owner Operator/Lessee. See section 1-2 of the Special Provisions definition of Owner Operator/Lessee. Full Owner OperatorILessee Name: Complete Address: 1 1 I I I 1 0 I Street City State Zip I 1 OWNER OPERATOR WORK ITEMS Telephone Number plus Area Code: 1. B 1 I I I I D I Page of pages of this form @ 1 i2 p I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) I 0 Copies of the latest Annual Report, audited financial statements or Balance Sheets ma! submitted under separate cover marked'CONFIDENTlAL!' I I I flee/ we no t MLt d! 5+&d II I I t-imse ~D&J A,"& *c- st&;& I I I I I I I I I I 4% , - C-9- str-+eB \- sept--b4 1 %IS t :me, =&dl 3. Mck)&b -3K €5nLLtc-LVI. e4vlw d6i5 ?(e 5\ '$yyt. -A &+/c.GLS M--wA HPD-/&k.L 3z ludLJ Gd- R,"&?CC ttMC \IW 5 (\q%6d ("ib \ ld 1. P3 1 /2 I. I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) e 1 I I I I B 1 B 1. 1 s I I I m ID I 0 The Bidder is required to state what work of a similar character to that included in the propc Contract he/she has successfully performed and give references, with telephone num t which will enable the City to judge hidher responsibility, experience and skill. An attachr can be used. Name and Phone No. of Person Name and Address Q 1 12 I. 1 BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYER"! LIABILIN, AUTOMOTIVE LIABILITY AND WORKERS COMPENSATION (To Accompany Proposal) E e I. I 8 I I 8 1 1. E I 1 I 1 I I 1 T3 1 12 I. 1' t BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible biddei another jurisdiction in the State of California? 1 1 I Yes no J 2. If yes, what was the name of the agency and what was the period of debarment? Q I party debarred # agency period of debarment 1 I 1. E I I 8 1 1 I II I. a 1 12 ' NON-COLLUSION AFFIDAVIT TO BE EXECUTED C BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 0 State of California 1 ) ss. County of 1 c 1 6 meid -3. MW& , being first duly sworn, deposes (Name of Bidder) and says that he or she is n\EJvw5i- (Title) of -DX Eni\ KO*uvevL kd (Name of Firm) 111 8 the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, undisclosed person, partnership, company, association, organization, or corporation; that the is genuine and not collusive or sham; that the bidder has not directly or indirectly induce solicited any other bidder to put in a false or sham bid, and has not directly or indirectly collu conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or anyone shall refrain from bidding; that the bidder has not in any manner, directly or indire sought by agreement, communication, or conference with anyone to fix the bid price of bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, ( that of any other bidder, or to secure any advantage against the public body awarding contract of anyone interested in the proposed contract; that all statements contained in the ' are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid f or any breakdown thereof, or the contents thereof, or divulged information or data rel: thereto, or paid, and will not pay, any fee to any corporation, partnership, cc5mpany associa 8 0 organization, bid depository, or to any member or agent thereof to effectuate a collusive or s bid. I declare under penalty of perjury that the fore oing is true and correct and that this affidavit i executed on the \7 day of +5kcemw , 194d. I 8 I 1E 199L 8 R c @dd Signbture of Bidder Subscribed and sworn to before me on the I 7 4 day of +i?kzEwb6 1 (NOTARY SEAL) u&-m I. ?Q 1 12 2 This agreement is made this 24 day of 19E1 by between the City of Carlsbad, California, a municip&=, (hereinafter hled "City"), DK ENVIRONMENTAL whose principal p of business (hereinafter called "Contractor".) City and Contractor agree as follows: 1. CONTRACT- PUBLIC WORKS I, I 96 Colton Lane, Martinez CA 94553 I. I Description of Work. Contractor shall perform all work specified in the Contract docum for: BUENA VISTA CHANNEL DREDGING I 8 1 t E 8 T 8 11 8 R c 1 CONTRACT NO. 2489 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tc equipment, and personnel to perform the work specified by the Contract Documents. Contract Documents. The Contract Documents consist of this Contract, Notice Inv Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bid( Statements of Financial Responsibility, Technical Ability and Re Debarment, Non-collu Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Spc Provisions, and all proper amendments and changes made thereto in accordance with Contract or the Plans and Specifications, and all bonds for the project; all of which incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install work as indicated, specified, and implied by the Contract Documents. Any items of wori indicated or specified, but which are essential to the completion of the work, shal provided at the Contractor's expense to fulfill the intent of said documents. In all instal through the life of the Contract, the City will be the interpreter of the intent of the Con Documents, and the City's decision relative to said intent will be final and binding. Fa of the Contractor to apprise subcontractors and materials suppliers of this condition 01 Contract will not relieve responsibility of compliance. Payment. For all compensation for Contractor's performance of work under this Cont City shall make payment to the Contractor per Section 9-3 of the Standard Specifical for Public Works Construction (SSPWC) 1994 Edition, and the latest supplerr hereinafter designated "SSPWC", as issued by the Southern California Chapter of American Public Works Association, and as amended by the Special Provisions sectic this contract. The closure date for each monthly invoice will be the 30th of each mol Invoices from the Contractor shall be submitted according to the required City fonnat tc City's assigned project manager no later than the 5th day of each month. Payments wi delayed if invoices are received after the 5th of each month. The final retention am shall not be released until the expiration of thirty-five (35) days following the recordir the Notice of Completion pursuant to California Civil Code Section 31 84. 2. 3. I. 4. ?3 1 i2 e. 2 Public Contract Code section 20104.50 requires a summary of its contents to be set forl the terms of the contract. Below is such a summary. However, contractor should refc Public Contract Code section 20104.50 for a complete statement of the law. The city shall make progress payments within 30 days after receipt of an undisputed properly submitted payment request from a contractor on a construction contract. payment is not made within 30 days after receipt of an undisputed and properly submi payment request, then the city shall pay interest to the contractor equivalent to the 11 rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable after recl determine whether the payment request is a proper payment request. If the city determ that the payment request is not proper, then the request shall be returned to the contrz as soon as practicable but not later than seven (7) days after receipt. The returned req shall be accompanied by a document setting forth in writing the reasons why the payn request was not proper. If the city fails to return the denied request within the seven (7) day time limit, then number of days available to the city to make payment without incurring interest shal reduced by the number of days by which the city exceeds the seven (7) day re requirement. "Progress payment" includes all payments due contractors except that portion of the payment designated by the contract as "retention earnings". A completed and executed release form in the form described in this contract (herein; "Release Form") shall be submitted prior to approval of each progress payment. contractor shall list all disputed claims or potentially disputed claims which arise during pay period. The purpose of the Release Form is to bring timely attention to areas of disl or potential dispute between the contractor and the City for the pay period. Failure of contractor to submit a completed and executed Release Form shall constitute contractor's acknowledgment that no disputes of any type have arisen that pay perio remain from previous pay periods and the contractor waives all future rights in ma claims for disputes arising in those pay periods. All previous and new disputed claim potentially disputed claims shall be listed on the Release Form until such time as disputed claims are resolved. The contractor shall not modify the Release Form in an! 5. Independent Investiclation. Contractor has made an independent investigation of jobsite, the soil conditions at the jobsite, and all other conditions that might affect progress of the work, and is aware of those conditions. The Contract price incli payment for all work that may be done by Contractor, whether anticipated or not, in ordc overcome underground conditions. Any information that may have been furriishe Contractor by City about underground conditions or other job conditions is for Contrac convenience only, and City does not warrant that the conditions are as thus indicat Contractor is satisfied with all job conditions, including underground conditions and has relied on information furnished by City. t I 1. I 1 II 1 u i 8 # 1 1 E 8. B ' E 1 r$c 1 IS 2 Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible fa loss or damage arising out of the nature of the work or from the action of the element from any unforeseen difficulties which may arise or be encountered in the prosecutio the work until its acceptance by the City. Contractor shall also be responsible for exper incurred in the suspension or discontinuance of the work. However, Contractor shall no responsible for reasonable delays in the completion of the work caused by acts of ( stormy weather, extra work, or matters which the specifications expressly stipulate wil borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenche other excavations that extend deeper than four feet below the surface Contractor 2 promptly, and before the following conditions are disturbed, notify City, in writing, of ai A. Material that Contractor believes may be material that is hazardous waste, as definc Section 25117 of the Health and Safety Code, that is required to be removed to a C I, Class 11, or Class III disposal site in accordance with provisions of existing law. B. Subsurface or latent physical conditions at the site diffhg from those indicated. C. UnKnown physical conditions at the site of any unusual nature, different materially 1 those ordinarily encountered and generally recognized as inherent in work of character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do rnatei so differ, or do involve hazardous waste, and cause a decrease or increase in coiitrac costs of, or the time required for, performance of any part of the work shall issue a chz order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the condit materially differ, or involve hazardous waste, or cause a decrease or increase in contractor's cost of, or time required for, performance of any part of the work, contrz shall not be excused from any scheduled completion date provided for by the contract, shall proceed with ail work to be performed under the contract. Contractor shall retain and all rights provided either by contract or by law which pertain to the resolutioi disputes and protests between the contracting parties. Change Orders. City may, without affecting the validity of the Contract, order chan modifications and extra work by issuance of written change orders. Contractor shall n no change in the work without the issuance of a written change order, and Contractor : not be entitled to compensation for any extra work performed unless the City has issu written change order designating in advance the amount of additional compensation tc paid for the work. If a change order deletes any work, the Contract price shall be redl by a fair and reasonable amount. If the parties are unable to agree on the amour reduction, the work shall nevertheless proceed and the amount shall be detenninec litigation. The only person authorized to order changes or extra work is the Prc Manager. The written change order must be executed by the City Manager or the Council pursuant to Carisbad Municipal Code Section 3.28.172. lmmiaration Reform and Control Act. Contractor certifies he is aware of the reqwirem of the Immigration Reform and Control Act of I986 (8 USC Sections 1101-1525) and complied and will comply with these requirements, including, but not limited to, verifymc eligibility for employment of all agents, employees, subcontractors, and consultants thal included in this Contract. 6. I I 1. I 7. I I @ I 1 1. 1 d 0 8 I t 1 1. 1 8. 9. ?3 1 12 I 2 I 1 a I I I 1 1. I t 8 I I P 10. Prevailina Wane. Pursuant to the California Labor Code, the director of the Departmer Industrial Relations has determined the general prevailing rate of per diem wage accordance with California Labor Code, Section 1773 and a copy of a schedule of general prevailing wage rates is on file in the office of the City Engineer, and is incorpori by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall prevailing wages. Contractor shall post copies of all applicable prevailing wages on the site. 11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, indemnify and hold harmless the City, and its officers and employees, from all claims, I damage, injury and liability of every kind, nature and description, directly or indirectly an from or in connection with the performance of the Contractor or work; or from any failur alleged failure of Contractor to comply with any applicable law, rules or regulat including those relating to safety and health; except for loss or damage which was cai solely by the active negligence of the City; and from any and all claims, loss, dama injury and liability, howsoever the same may be caused, resulting directly or indirectly 1 the nature of the work covered by the Contract, unless the loss or damage was cai solely by the active negligence of the City. The expenses of defense include all costs expenses including attorneys fees for litigation, arbitration, or other dispute resoli method. Contractor shall also defend and indemnify the City against any challenges to the awar the contract to Contractor, and Contractor will pay all costs, including defense costs for City. Defense costs include the cost of separate counsel for City, if City requests sepa 1 counsel. 12. Insurance. Contractor shall procure and maintain for the duration of the contract insurz against claims for injuries to persons or damage to property which may arise from ( connection with the performance of the work hereunder by the Contractor, his age representatives, employees or subcontractors. Said insurance shall meet the City's p' for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and pror damage. If the policy has an aggregate limit, a separate aggregate in the arno specified shall be established for the risks for which the City or its agents, offi or employees are additional insured. $1,000,000 combined single limit per accident for bodily injury and pror damage. In addition, the auto policy must cover any vehicle used in performance of the contract, used onsite or offsite, whether owned, non-owne hired, and whether scheduled or non-scheduled. The auto insurance certifi must state the coverage is for "any auto" and cannot be limited in any mannei 3. Workers' Compensation and Employers' Liabilitv Insurance Workers' compensation limits as required by the Labor Code of the Statc California and Employers' Liability limits of $1,000,000 per incident. WoA compensation offered by the State Compensation Insurance Fund is acceptabl 2. Automobile Liabilitv Insurance 1 the City. a l /2 1' I c 2 (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurz required under this agreement contain, or are endorsed to contain, the folloi provisions. General Liability, Employer5 Liability and Automobile Liability CoveraC 1. The City, its officials, employees and volunteers are to be covered as additil insured as respects: liability arising out of activities performed by or on beha the Contractor; products and completed operations of the contractor, prem owned, leased, hired or borrowed by the contractor. The coverage shall contaii special limitations on the scope of protection afforded to the City, its offic employees or volunteers. All additional insured endorsements must be evider using separate documents attached to the certificate of insurance; one for E company' affording general liability, employetdiability and auto liability coverag 2. The Contractor's insurance coverage shall be primary insurance as respects City, its officials, employees and volunteers. Any insurance or self-iiisurz maintained by the City, its officials, employees or volunteers shall be in exces the contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not ai coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor's insurance shall apply separately to E insured against whom claim is made or suit is brought, except with respect to limits of the insurer's liability. (C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" & coverage shall be maintained for a period of three years following the datc completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by this agreen shall be endorsed to state that coverage shall not be nonrenewed, suspended, voic canceled, or reduced in coverage or limits except after thirty (30) days' prior wn notice has been given to the City by certified mail, return receipt requested. deductibles or self-insured retention levels must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate : deductibles or self-insured retention levels as respects the City, its officials employees; or the contractor shall procure a bond guaranteeing payment of losses related investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION - All policies of insurance required under agreement shall contain a waiver of all rights of subrogation the insurer may hav may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured UI its policies or shall furnish separate certificates and endorsements for E subcontractor. Coverages for subcontractors shall be subject to all of 1 a. a I I I I I 1. 1 I 1 I 1 I I (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - I requirements stated herein. 1 /2 a 1. 2 (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that hat rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorize transact the business of insurance by the State of California Insurance Comrinissic as admitted carriers as evidenced by a listing in the official publication of Department of Insurance of the State of California and/or under the standi specified by the City Council in Resolution No. 91-403. (I) VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificate insurance and original endorsements affecting coverage required by this clause. certificates and endorsements for each insurance policy are to be signed by a pel authorized by that insurer to bind coverage on its behalf. The certificates endorsements are to be in forms approved by the City and are to be received approved by the City before work commences. (J) COST OF INSURANCE - The Cost of all insurance required under this agreen shall be included in the Contractor's bid. 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolve accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chaptr Article 1.5 (commencing with section 20104) which are incorporated by reference. A ( of Article 1.5 is included in the Special Provisions I section. The contractor shall inii submit all claims over $375,000 to the City using the informal dispute resolution pro( described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstariding provisions of this section of the contract, all claims shall comply with the Government Claim Act (section 900 et seq., of the California Government Code) for any claim or ci of action for money or damages prior to filing any lawsuit for breach of this agreemenl (A) Contractor hereby agrees that any contract claim submitted to the City musi asserted as part of the contract process as set forth in this agreement and nc anticipation of litigation or in conjunction with litigation. (B) Contractor acknowledges that if a false claim is submitted to the City, it ma) considered fraud and the Contractor may be subject to criminal prosecution. (C) Contractor acknowledges that California Government Code sections 12650 et seq., False Claims Act, provides for civil penalties where a person knowingly submits a f claim to a public entity. These provisions include false ciaims made with clelibe ignorance of the false information or in reckless disregard of the truth or falsity of information. (D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, entitled to recover its litigation costs, including attorney's fees. (E) Contractor hereby acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding wherein the Contractor ma prevented from further bidding on public contracts for a period of up to five years (F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Contractor hereby acknowledges that debarment by another jurisdiction is ground! the City of Carlsbad to disqualify the Contractor or sub r from participatir contract bidding. 1. 1 1 I t I 1. I ! 1. I 8 1 E 1 I 1 I* I I have read and understand all provisions of Section 13 above. Q 1 I2 I L 1 E I I 1 ff 8 ... I II ... I ... I 8 I 1 ... i I* I 14. Maintenance of Records. Contractor shall maintain and make available at no cost to City, upon request, records in accordance with Sections 1776 and 181% of Part 7, Chs 1, Article 2, of the Labor Code. If the Contractor does not maintain the record Contractor's principal place of business as specified above, Contractor shall so inform City by certified letter accompanying the return of this Contract. Contractor shall notifi City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sec 1720 of the Labor Code are incorporated herein by reference. 16. Security. Securities in the form of cash, cashier's check, or certified check ma! substituted for any monies withheld by the City to secure performance of this cointrac any obligation established by this contract. Any other security that is mutually agreed t the Contractor and the City may be substituted for monies withheld to ensure performi. under this Contract. 17. Provisions Required by Law Deemed Inserted. Each and every provision of law arid clz required by law to be inserted in this Contract shall be deemed to be inserted herein included herein, and if, through mistake or otherwise, any such provision is not insertec is not correctly inserted, then upon application of either party, the Contract shall forth be physically amended to make such insertion or correction. a ,- ... ... ... ... ... ... ... ... ... ... m ... ... Tqj 1 /2! 2 18. Additional Provisions. Any additional provisions of this agreement are set forth in "General Provisions" or "Special Provisions" attached hereto and made a part hereof. I t e NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST I ATTACHED ' (CORPORATE SEAL) /J/A 1 I t 1 I CONTRACTOR: By: (sign here) 8 0 (print name/tile) 0 I I I 1 I 1 President or vice-president and secretary or assistant secretary must sign for corporation only one officer signs, the corporation must attach a resolution certified by the secretar assistant secretary under the corporate seal empowering that officer to bind the corpcnratio APPROVED AS TO FORM: RONALD R. BALL City Attorney By: PNE MOBALDI I Deputy City Attorney a 1 12 P California All-Purpose Acknowledgment On 1 / zo/ 1997 before me, ZickadS. $$&, 3v0fy %bhc personally appeared son(s), or entity upon behalf of which the person($ acted, executed the instrument. WITNESS my hand and official seal - 0 PTlO NAL SECTION DESCRIPTION OF DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS OTHER THAN NAMED ABOVE I I --- BOND NO. 31 LABOR AND MATERIALS BOND @ WHEREAS, the City Council of the City of Carlsbad, State of California, by Res1 , has av NO. 97-5 I adopted (hereinafter designated as the "Principal"), a Contract for: January 7, 1997 - to D K ENVIRONMENTAL BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 in the City of Carfsbad, in strict conformity with the drawings and specifications, and Contract Documents now on file in the office of the City Clerk of the City of Carfsbad and which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms tt require the furnishing of a bond, providing that if Principal or any of their subcontractors sh to pay for any materials, provisions, provender or other supplies or teams used in, upon or the performance of the work agreed to be done, or for any work or labor done thereon ( kind, the Surety on this bond will pay the same to the extent hereinafter set forth. - NOW, THEREFORE, WE, D K ENVIRONMENTAL as Principal, (hereinafter designated as the "Contractof), and D,RICA N CONTRACTOR NINETYSEVEN THOUSAND EIGHT HUNDRED FIFTYSEVEN AND 48/100------- as Surety, are held firmly bound unto the City of Carlsbad in the sun .................... Dollars ($ 97,857.48------ ) I said sum being fifty PC (50%) of the estimated amount payable by the City of Carisbad under the terms of the Con for which payment well and truly to be made we bind ourselves, our heirs, executors administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontrz fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, fc about the performance of the work contracted to be done, or for any other work or labor thc of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, or for any amounts required to be deducted, withheld, and paid over tc Employment Deveiopment Department from the wages of employees of the contractor subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respe such work and labor that the Surety will pay for the same, not to exceed the sum specified ii bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses fees, including reasonable attorney's fees, to be fixed by the court, as required by the proviz of Section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations en to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Sej 3082). Surety stipulates and agrees that no change, extension of time, alteration or addition to terms of the Contract, or to the work to be performed thereunder or the specificat accompanying the same shall affect its obligations on this bond, and it does hereby waive nc of any change, extension of time, alterations or addition to the terms of the contract or to work or to the specifications. - 0 0 g I 12 -. In the event that Contractor is an individual, it is agreed that the death of any such Con shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this aOk Executed by SURETY this 20tY I day of 19 97. 1997 . CONTRACTOR: SURETY: I day of January - AMERICAN CONTRACTORS INDEM~ (name of Surety) 9841 Airport Boulevard, Sui Los Angeles, CA 90045 (address of Surety) - x Ev\\)idc=Mfi - (name of Contractor) By: - (310) 649-0990 (telephone number of Surety) z 1 L b. McM, (print name here) w By: -L---- - (tile and organization of signatory) (signature of Attorney-in-Fact) By: Anthony F. Angelicola -x--- (sign here) (printed name of Attorney-in-Fact) 0 (print name here) (attach corporate resolution showiriG a. power of attorney) (title and organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attac (President or vice-president and secretary or assistant Secretary must sign for corporation only one officer signs, the corporation must attach a resolution certified by the secreta1 assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 0 ?$ 1 /2 CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT County of San Francisco dAN. 2 0 1997 DATE Sumalaya B. Lias, Notary Pub1 NAME, T~TLE OF om- - EG, -JANE WE, IWTAFW PI - before me, - personally appeared Anthony F. Angelicola E-personally known to me - OR - proved to me on the basis of satisfactory l to be the person(s) whose name(! subscribed to the within instrument knowledged to me that he/she/they E the same in his/her/their aut capacity(ies), and that by his/h signature(s) on the instrument the PI or the entity upon behalf of wt person(s) acted, executed the insi WITNESS my hand and official seiai. NAME(S) OF SIGNER(S) - ’ SIGNATURE OF NOTAFIY Though the data below is not WUired by law, it may prove valuable to persons relying on the document and c fraudulent reattachment of this form. DESCRIPTION OF AITACHECl DO( CAPACITY CLAIMED BY SIGNER - TITLE OR TYPE OF DOCUMEF TmyS) - NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(@ OR E”(Is) - SIGNER(S) OTHER THAN NAMED A 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.. P.O. Box 7184eCanoga CaliQornia All-Purpose Acknowledgment unty of Contru Castd On / / a/ 1997 before me, AtickaClS. e$%, 3v0fy %bh personally appeared hV\fi> b-YrQ!!k proved to me on the basis of satisfactory evidence to be the person(s) whose name(s@/ scribed to the within instrument and acknowledged to me tha@L/fb executed tl mi. authorized capacity(ies), and that by@/tk/&ir signature(s) on the instrumc MICHAEL S GHIf’FIN 2 COMM. #lo05792 < NOTkRY Pb3LlC CALIFORNIA i CONTRA COSTA COUNTY WITNESS my hand and official seal My Commission Expires 9/30/97 - OPTIONAL SECTION DESCRIPTION OF DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS OTHER THAN NAMED ABOVE - BOND NO. 31938 FAITHFUL PERFORMANCUWARRANTY BOND 0 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resol NO. 97-5 , adopted January 7, 1997 , has av (hereinafter designated as the "Principal"), a Contract for: - to D K ENVIRONMENTAL BUENA VISTA CHANNEL DREDGING CONTRACT NO. 2489 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifiG and other Contract Documents now on file in the Office of the City Clerk of the City of Car all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms tt require the furnishing of a bond for the faithful performance and warranty of said Contrac NOW, THEREFORE, WE, D K ENVIRONMENTAL , as Principal, (herei designated as the "Contractor"), and , as Surety, are =ED NINTY-FIT - Dollars ($ 195,714. said sum being equal to one hundred percent (100%) of the estimated amount of the Con to be paid to City or its certain attorney, its successors and assigns; for which payment, we truly to be made, we bind ourselves, our heirs, executors and administrators, SUC~RSSC assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, heirs, executors, administrators, successors or assigns, shall in all things stand to and abic and well and truly keep and perform the covenants, conditions, and agreements in the Coi and any alteration thereof made as therein provided on their part, to be kept and perform the time and in the manner therein specified, and in all respects according to their true I and meaning, and shall indemnify and save harmless the City of Carisbad, its off employees and agents, as therein stipulated, then this obligation shall become null and otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specifiecl ther there shall be included costs and reasonable expenses and fees, including reasor attorney's fees, incurred by the City in successfully enforcing such obligation, all to be tax€ costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition tc terms of the Contract, or to the work to be performed thereunder or the specifica accompapying the same shall affect its obligations on this bond, and it does hereby waive nl of any change, extension of time, alterations or addition to the terms of the contract or tc work or to the specifications. AMERICAN CONTRACTORS INDEMNITY COMPANY THOUSAND SEVEN HUNDRED FOURTEEN AND 95/100 o e Q 1 /2 . In tie event that Contractor is an individual, it is agreed that the death of any such Con1 shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this &&&-- Executed by SURETY this 20th * day of <-w u day Qf January 19q7. 1997 . CONTRACTOR: SURETY: (name of Contractor) By: * AMERICAN CONTRACTORS INDEMN: - D K ENVIRONMENTAL (name of Surety) 9841 Airport Boulevard, Su Los Angeles, CA 90045 - (address of Surety) (telephone number of Surety) - ruay;dl 53. MChS&$ (310) 649-0990 (print name here) w By: c-- (Title and Organization of Signatory) By: (signature of Attomey-in-Fact) Anthony F. Angelicola (printed name of Attomey-in-Fact) u-c.- (sign here) (print name here) (Attach corporate resolution showiiig CL power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attac (President or vice-president and secretary or assistant secretary must sign for corporation only one officer signs, the corporation must attach a resolution certified by the secreta1 assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ’ By: 0 1 i2! G California All-Purpose Acknowledgment unty of Contru Cwta On 1 / m/ 1997 before me, ZichudS. $#fin, 3votlu;fl %blic personally appeared cribed to the within instrument and acknowledged to me tha I- authorized capacity(ies), and that b&b/thar signature($ on the instrumc WITNESS my hand and official seal .0*0~PI8lnOQ0<140.U*tClllr* DESCRIPTION OF DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS OTHER THAN NAMED ABOVE . CALIFORNIA ALGPURPOSE ACKNOWLEDGMENT County of San Francisco SumaZaya B. Lias, Notary Rub1 NAME, T~TLE OF omcm - EG, *JANE WE NCITARY P - DATE personally appeared Anthony F. Anqelicola - NAME(S) OF SIGNER(S) m-personally known to me - OR - c] proved to me on the basis of satisfactory to be the person(s) whose name( subscribed to the within instrument knowledged to me that he/she/they ( the same in his/her/their aui capacity(ies), and that by his/f signature(s) on the instrument the p or the entity upon behalf of wf person(s) acted, executed the ins* WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and c fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DO1 CAPACITY CLAIMED BY SIGNER - TITLE OR TYPE OF DOCUMEP TITLYS) - NUMBER OF PAGES - DATE OF DOCUMENT SICGEilSISWS&TBYG: - SIGNER(S) OTHER MAN NAMED P 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.. P.O. Box 7184 Canoga * AI ,151 EH I CAN (X )Ic"I'~~A~~I'OI{S IN I )I:M NI'IY (X ),%I I'ANY 1.0s Arigctlcs. (:i:lirorIiia 1'0 WEH 0 I" A'l'f'O I{ N EY mow ALL Mi.:N ny TIIESI.: mEsEN*rs: miat MERImN <:owrmcrow INIiEMNI-iY coMmw, Anthony F. Anpelicola of San Francisco, California in rhe amount nc Corporation (tlic "Company"), and ha\ing its priricipal office in Los A~y,pIcs, California does liereby constitute ai S291 000.00 as its true and lawful Attorncy(s)-iri-fact, in an .fimifed amount, to execute. seal and deliver for and on its be any and all bonds and undertakings. recognizances, contracts of indemnity arid other writings obligatory thereof. which are or may be allowed. required or permitted by law, statute, rule, regulation, contract or othe execution of such instrument(s) in pursuance of these presents. shall be as binding upon the sait CONTRACTORS INDEMNITY COMP..LW, 2s fully and amply, to all intents and purposes, as if the same h executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may bc certified to and may be revoked, pursuant to and by authority adopted by the Board of Directors of .X\fEHIC?AL COLwRACTOHS INDEMNIm COMI"W, at a meeting calle( the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President. Secreta] Secretary. shall have power and autk-rity. 1. To appoint Attomeflsbin-fact and to authorize them to execute on behalf of tt1e Company, and attach the Seal L thercto. bonds and undertaking, contracts of indemnity and other writings obligatory in the nature thereof anc 2. To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any s ittorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing s: jignatures or facsmile seal shall be \valid and binding upon the Company and any such power so executed anc 'acsimile signatures and facsimile sed shall be valid and binding upon the Company in the future with respeci ir undertaking to which it is attached. .X IVITNESS WHEREOF, AMERIWY CONTRACTORS INDEMNITY COMPANY has caused this instrument to be orporate seal to be affixed by its authorized officer this 20th day of June CXORS INDEMNITY CON 0 AMER 0. L- 5' uwfkwl e % U?i.r(.iSy - By: ;TATE OF CALIFORNIA ) /dl ,rot%'\ ) ss. :OUNTY OF LOS ANGELES 1 >n June 20th. 1994 before me, the undersigned, a Notary Public in and for the said State, personally 2 .IcKenna, personally known to me or proved to me on the basis of satisfactory evidence to be the person who ' rithin instrument as the President of AMERICAN COhTRACTORS INDEMNITY COMPANY, that he executec istrument and acknowledged to me that such corporation executed the within instrument pursuant to a reso soard of Directors. NORMA J. VIRGJUO g 7Ld2> d-dtcca.' . - z wotary Public Notary Pdic - Cohfornia E CERTIFICATION corn. t 99- LOS ANGELES CWNN / 1 the undersigned officer of AMERICAN CONTRAmRS INDEMNITY COMPANY do hereby certify that I hiave cc iregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Dire 'ompany as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SND nd that same are comd transcripts thereof and of the whole of the said originals, and that the said Power ob k ot been revoked and is now in full force and effect. 3rd 2 C) 499'7 STIMONYWHEREOF. I have herunto set my hand this dayof *ur.rd _---. u&;> L- --.--._- Albert Baumgarten:Secretaw FBX MESSAGE a - - c TOTAL PAGES: 74 ~ DATE: )a 6 3 1 .-9 7 (Including cover 'page Should you have any questions, pleare contact: Linda Miller ' R. 4. Milhsner, Inc. Telephwne: 510) 932-0424 P. 0, ~UX 8197 FAX [510 932-2317 1674 NI. California Blvd, $1 WdlnUt Creek, Cii. 94596 RE: 4 K . CtZuip~~ m.Td T,*L&Pd CJ3p1e's *QR~~A t&g UPS $D qf?w J LYWL i 8ydk I 0 e alnut Creek CA 94596 D. K. Environmental ER'S & CONTRACTOR'S PROT SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS City of Carlsbad 1200 Carlsbad Village Drive 0 Carlsbad CA 92658-8700 Au POLICY FORMS & ENDORSEMENTS ' Commercial Risks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU ADDITIONAL INSURED 0 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on ;he inception date of the policy unless another date cated below. ._ Endorsement effective Nam& Insured - SCHEDULE Insurance Company The Travelers Indemnity Co. of CT Policy Number 25574449 Effective Date 1/20/97 Named Insured D .K q Environmental Address 96 Colton Lane, Martinez, Ca. 94553 *dditional Insured ' The City of Carlsbad, its officials, employees and volunteer: Designation or Description of Leased Expiration Date 1/20/98 0 kklress 1200 Carlsbad Village DKiGe, Carlsbad, Ca, 92658-8700 Spbol 1 - Any anto \ 0 .-= ‘THIS ENDORSEM- CHANGES THE POLICY. SASE READ IT C c 3 F. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRA( (FORM B) 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured the person or organizal Schedule, but only with respect to liability arising out of “your work” for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Carlsbad, its officials, employees and volunteers \ 0 0 CG2010 (ED. 11-85) L *r u .a ' 1 'i *€zxmBri cm OF -BAD SURPLUS .LINE BROKER MFlDAwT 0 - Broker Name: R. L. Milsner. Inc. Address: ' . P. 0. Box 8197 * City/State/Zip: Walnut Creek, Ca. 94596 Date: ' I 1/17/96 Project Name: Vista Chanr Type of Insurance: Contract number 2489 P Dredgfng and Cattail Removal of Commercial General Liability 1 cem &at R L. Milsner , Inc t ig &e Broker of Record for I). K, Environmer ("Contractof) who is requlred to provide insurance undet the ipeclficad of the above contrqst, I further cextify that as Broker of Record for Contrac;or, 1 have confat fie insurance companies listed below, all of whom meet the City's rquirunenrs include( Resoludon No. 91-401 and all of whom have refused to write the requlred policy due to type of risk involved. f. ~nsurantc~anier: CN* * Nam'ofccmtact: >inda Delane - Address: 999 Bayhill, San Bquno., Ca, 94066 . Dntc: 12/6/96 Reason for Refusal: Premium vrs. exgosures - Does not meet minimum premi-ntq es ' Dcst's Rating Axv ListedbyStateInnuance - ~r' Commission& (Yes/No) - 1. USF&G Scott Webber 1900 N. California Blvd, #400, Walnut Creek, Ca, 94396 INurance c2aia: Name of Contact: Address: Date: . 14/6/96 R,,,~~~ far ~~fusd: Class of business - p-XIV Listed by State Ins~rance yes Commissioncr (YedNo) 0 * Best's Ratkg YLb Ad 2" A"--?, 1,u.v -- ,"7**V, I "I.-..._--..- *- ' \ <. %. I- Hartford Fire Insurance CO, Donnie Atkins fnsurance caniu: t . 455 mrket Street, San Francisco, ca, 94105 0 * 9r,tir~ .. ~c~~~~ $jr RA~. no contractors Best's Rating - A+XV Wed by State Tnswence yes a. Comrnlssioner (Yes/No) .* * Gulf Unclewrj,ters- Coxuractor b requesdng that the Ciry accept -P (lo ~ company who is a su line carrfer having an A-:V or betta rating in &e most recent issue of Best's Rating GUldt who has an office withh the State of California atthe foUowing address in order to effect be of proccps. Yame of Sqlw r he Caniet: Address: P. 0. Box 1771 CffyjSbte/zip: Dallas, TX 75221 Gulf Underwriters Insurance Company - I ,: Address tq effect Senrice of ~rocess within the Snte of calif&.ia. Name: Swett & Crawford a ' Address: Three Embarcadero Center #9zO San 3 Francisco, Ca, 94111 /,x- . . city/~~~~e/~: 1 certify under pe,nalv of &usy that the foregoing facts are tnie and COmct. Dated Signed: # - .. '. *! 0: CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive t Carisbad CA 92008 REPRESENTATION AND CERTIFICATION I The following representation and certification should be completed, signed and returned to City of Carlsbad. REPRESENTATIONS: Mark all applicable blanks. This operation and control of the business, in accordance with the specific definitions listed below is: Are you currently certiifi CALTRANS? YES - NO - Certification #: CERTIFICATION OF BUSINESS Mark all applicable blanks. This offeror repi part of this offer that: This firm is-, is notLa inority businf This firm is-, is not- Aoman-ownec WOMAN-OWNED BUSINESS: A woman- ness is a business of which at least 51 percf controlled and operated by a woman c Controlled is defined as exercising the pov policy decisions. Operation is defined inwlved in the day-today management. FIRM'S PRIMARY PRODUCTS OR SERVI I. offeror represents as part of this offer that the ownership, I 1 I I 1 REPRESENTATION(S1: 1 DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority BusC ness" is defined as a business, at least 51 percent of h is owned, operated and controlled by minority p members, or in the case of publicly owned businesses, at least 51 percent of which is owned, CONSTRUCTION CONTRACTOR: operated and controlled by minonty group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black CLASSIFICATION(S): American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Nati LICENSE NUMBER: Hawaiians), and Asian-Pacific Americans (Le., U.S. Citizens whose origins are from Japan, China, the TAXPAYERS I.D. NO. Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION The information furnished is certified to be factual and correct as of the date submitted. 8 COMPANY DL &@@I NAME I CITY, STATE AND ZIP 1 TELEPHONE NUMBER DATE 18 I 1 I &&,eUr PRINTED NAME ADDRESS TITLE SIGNATURE 8 I a 1/29/96 I. 3/ OPTIONAL ESCROW AGREEMENT FOR SECUFUTY DEPOSITS IN LIEU OF RETENTION 1 This Escrow Agreement is made and entered into by and between the City of Carfsbad wh address is 1200 Cartsbad Village Drive, Cartsbad, California, 92008, hereinafter called "C and wh address t fter called "Contractor" and whose address called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree 1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State California, the contractor has the option to deposit securities with the Escrow Agent a substitute for retention earnings required to be withheld by the City pursuant to Construction Contract entered into between the City and Contractor dated (hereinafter referred to as the "Contract"). Alternatively, on wri request of the contractor, the City shall make payments of the retention earnings direct1 the escrow agent. When the Contractor deposits the securities as a substitute for Cont earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Esc Agent shall maintain insurance to cover negligent acts and omissions of the escrow ager connection with the handling of retentions under these sections in an amount not less t $100,000 per contract. The market value of the securities at the time of the substitution s be a least equal to the cash amount then required to be withheld as retention under terms of the contract between the City and Contractor. Securities shall be held in the n: of the , and shall designate the Contractor as beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherv would be withheld from progress payments pursuant to the Contract provisions, provi 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 esc agent shall hold them for the benefit of the contractor until such time as the escrow crei under this contract is terminated. The contractor may direct the investment of the paymc into securities. All terms and conditions of this agreement and the rights and responsibii of the parties shall be equally applicable and binding when the City pays the escrow a! directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. TI' expenses and payment terms shall be determined by the City, Contractor and Escrow 1 5. The interest earned on the securities or the money market accounts held in escrow an( interest earned on that interest shall be for the sole account of Contractor and shal subject to withdrawal by Contractor at any time and from time to time without notice to City. 0 I t 1 I follows: 1 I I I li u I I I 1 1 g hereina in the amount of 1 @ 1 12 G 1. 1 3 6. Contractor shall have the right to withdraw all or any part of the principal in the Esc Account only by written notice to Escrow Agent accompanied by written authorization fi City to the Escrow Agent that City consents to the withdrawal of the amount sought tc withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by Contractor. Upon seven days' written notice to the Escrow Agent from the City of default, the Escrow Agent shall immediately convert the securities to cash and s distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifymg that the Contract is final complete and that the Contractor has complied with all requirements and procedi applicable to the Contract, the Escrow Agent shall release to Contractor all securities interest on deposit less escrow fees and charges of the Escrow Account. The escrow s be closed immediately upon disbursement of all moneys and securities on deposit payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contra pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor s hold Escrow Agent harmless from Escrow Agents release, conversion and disbursemer the securities and interest as set forth above. IO. The names of the persons who are authorized to give written notices or to receive wri notice on behalf of the City and on behalf of Contractor in connection with the foregc and exemplars of their respective signatures are as follows: For City: Title 8 I I 1 I I I 1. I B 1 1 I I 8. I I. Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title 1 Name Signature Address Q 1 I2 34 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Esc Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers the date first set forth above. I I 0 For City: Title II I 1 I 1 t II 1 I I ! I 8 I 8 Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature 1. Address @ 112 I. 3 RELEASE FORM i THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRI I PAYMENTS. o NAME OF CONTRACTOR: PROJECT DESC R I PTlO N : PERIOD WORK PERFORMED: RETENTION AMOUNT FOR THIS PERIOD: $ I I I 8 I I I 1 li I I I I I DISPUTED WORWCLAIMS DESCRIPTION OF DISPUTED WORKCLAIM AMOUNT CLAIMED {OR ESTIMATE) Contractor further expressly waives and releases any claim Contractor may have, of what type or nature, for the period specified which is not shown as disputed work/claim on this fc This release and waiver has been made voluntarily by Contractor without any fraud, dures undue influence by any person or entity. Contractor is referred to paragraph 4 of the PI Works Contract. Contractor acknowledges full cognizance of the California False Claims Act Government C Sections 12650-12655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32 implementing the California False Claims Act and certifies that all claims submitted to the Contractor further certifies, warrants, and represents that all bills for labor, materials, and \ due Subcontractors for the specified period will be paid according to Public Contract C Section 20104.50 and Business and Professions Code Section 7108.5 and that the pa signing below on behalf of Contractor have express authority to execute this release. DATED: ' o shall be subject to the provisions of said codes and regulations. PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corpora etc.) By: 8 Title: By: Title: 1 /2 G 1. m 31 I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 1 1-1 TERMS I. 1 To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar imi are used, it shall be understood that reference is made to the plans accompanying th provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shal understood that the direction, designation or selection of the Engineer is intended, unless st: otherwise. The word "required" and words of similar import shall be understood to mean required to properly complete the work as required and as approved by the City Engine unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import used, it shall be understood such words are followed by the expression "in the opinion of I 0 Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance, words of similar import are used, it shall be understood that the approval, acceptance, or sin import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, I perform all operations, labor, tools and equipment, and further, including the furnishing installing of materials that are indicated, specified or required to mean that the Contractoi her/his expense, shall furnish and install the work, complete in place and ready to use, incluc furnishing of necessary labor, materials, tools, equipment, and transportation. I I I I 1 8 I I 1 B 1 I 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer- the Project Manager for the City of Carlsbad or his approved representative 1 q 1 /2 I. 2-4 CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being listed in latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor materials bond) for this contract. The faithful performance/warranty bond shall be in the am of 100 percent of the contract price and the payment bond shall be in the amount of 50 per of the contract price. Both bonds shall extend in full force and effect and be retained by the during the course of this project until they are released according to the provisions of section. The faithful performance/warranty bond will be reduced to 25 percent of the original amour days after recordation of the Notice of Completion and will remain in full force and effect foi one year warranty period and until all warranty repairs are completed to the satisfaction 01 city engineer. The payment bond shall be released six months plus 35 days after recordation of the Notic 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 tran the business of insurance in California and whose assets exceed their liabilities in an am I equal to or in excess of the amount of the bond. The bonds are to contain the folloi documents: I 1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by Ii or other instrument entitling or authorizing the person who executed the bond to do sc 2) A certified copy of the certificate of authority of the insurer issued by the insuri commissioner. If the bid is accepted, the City may require a financial statement of the assets and liabilitic the insurer at the end 9f the quarter calendar year prior to 30 days next preceding the dal the execution of the bond. The financial statement shall be made by an officer's certificat defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the final statement may be verified by the oath of the principal officer or manager residing within United States. I; I 1. 1 I I II I I I I I I ' I 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work include the Standard Specifications for Public VI Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter design "SSPWC", as issued by the Southern California Chapter of the American Public VI Association, and as amended by the Special Provisions section of this contract. I 1 If @ I. 41 The Construction Plans consist of five (5) sheets designated as City of Carlsbad Drawing 331-98. The standard drawings utilized for this project are the latest edition of the San Di Area Reaional Standard Drawinas, hereinafter designated SDRS, as issued by the San Di County Department of Public Works, together with the City of Carlsbad Supplemental Stanc Drawings. Copies of pertinent standard drawings are enclosed with these documents. All plans and specifications, including a Traffic Control Plan if applicable, shall be approvec the City as a condition precedent to issuance of a Notice to Proceed. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacturer's dired the Contractor shall obtain and distribute the necessary copies of such instruction, including (2) copies to the city. To Section 2-5, add: 2-5.4 Record Drawinas The Contractor shall provide and keep upto-date a complete "as-built" record set of transpa -sepias, which shall be corrected daily and show every change from the original drawings specifications and the exact "as-built" locations, sizes and kinds of equipment, undergrc piping, valves, and all other work not visible at surface grade. Prints for this purpose ma! obtained from the City at cost. This set of drawings shall be kept on the job and shall be L only as a record set and shall be delivered to the Engineer upon completion of the work. I 1 0 i D ' I I I I 3-5 DISPUTED WORK All claims by the contractor for $375,000 or less shall be resolved in accordance with I 0 procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commen 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 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 conk and a public agency when the public agency has elected to resolve any disputes pursuai 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 C except that "public work" does not include any work or improvement contracted for by the : or tne Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payr of money or damages arising from work done by, or on behalf of, the contractor pursuant tc contract for a public work and payment of which is not otherwise expressly provided for 01 claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed b) local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plan specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991. 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 claim. Claims must be filed on or before the date of final payment. Nothing in this subdivisic intended to extend the time limit or supersede notice requirements otherwise providec I I I I I I I I 112 a P 4 contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall resp in writing to any written claim within 45 days of receipt of the claim, or may request, in writ within 30 days of receipt of the claim, any additional documentation supporting the claim relating to defenses to the claim the local agency may have against the claimant. (2) If additional inform‘ation is thereafter required, it shall be requested and provided pursi 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 submitted to the claimant within 15 days after receipt of the further documentation or with period of time no greater than that taken by the claimant in producing the additional informal whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to tt hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing t( written claims within 60 days of receipt of the claim, or may request, in writing, within 30 da)c receipt of the claim, any additional documentation supporting the claim or relating to defense the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursi 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 submitted to the claimant within 30 days after receipt of the further documentation, or with period of time no greater than that taken by the claimant in producing the additional informs or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fail respond within the time prescribed, the claimant may so notify the local agency, in writing, ei within 15 days of receipt of the local agency’s response or within 15 days of the local agen failure to respond within the time prescribed, respectively, and demand an informal confer€ to meet and confer for settlement of the issues in dispute. Upon a demand, the local age 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 disp I the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Govemn Code. For purposes of those provisions, the running of the period of time within which a c must be filed shall be tolled from the time the claimant submits his or her written claim pursi to subdivision (a) until the time that claim is denied as a result of the meet and confer proc including any period of time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor sha construed to change the time periods for filing tort claims or actions specified by Chapt (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve ck subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadi the court shall submit the matter to nonbinding mediation unless waived by mutual stipulatic both parties. The mediation process shall provide for the selection within 15 days by both pa of a disinterested third person as mediator, shall be commenced within 30 days of the subm and shall be concluded within 15 days from the commencement of the mediation unless a requirement is extended upon a good cause showing to the court or by stipulation of I parties. If the parties fail to select a mediator within the 15-day period, any party may petitior court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbh pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Coc Civil Procedure, notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of A (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of procedure) shall apply to any proceeding brought under the subdivision consistent with the r I ’ 0 I R I I I U I I I t I I I I I I ti G I. 4 pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitra appointed for purposes of this article shall be experienced in construction law, and, L stipulation of the parties, mediators and arbitrators shall be paid necessary and reason, hourly rates of pay not to exceed their customary rate, and such fees and expenses shal paid equally by the parties, except in the case of arbitration where the arbitrator, for good cai determines a different division. In no event shall these fees or expenses be paid by stat1 county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of Code of Civil Procedure, any party who after receiving an arbitration award requests a tria novo but does not obtain a more favorable judgment shall, in addition to payment of costs fees under that chapter, pay the attorney's fees of the other party arising out of the trial de (c) The court may, upon request by any party, order any witnesses to participate in 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim whic 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 on any arbitration award or judgment. The interest shall begin to accrue on the date the si filed in a court of law. I 1 F I 1 I I I mediation or arbitration process. 4-1 MATERIALS AND WORKMANSHIP To Section 4-1 -3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representative. Engineer shall have free access to any or all parts of work at any time. Contractor shall fur Engineer with such information as may be necessary to keep her/him fully informed regar progress and manner of work and character of materials. Inspection of work shall not re1 Contractor from any obligation to fulfill this Contract. D ' ' Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of tes materials and/or workmanship where the results of such tests meet or exceed the requirem indicated in the Standard Specifications and the Special Provisions. The cost of all other t shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall be approve him before the delivery is started. All materials proposed for use may be inspected or teste any time during their preparation and use. If, after trial, it is found that sources of supply w have been approved do not furnish a uniform product, or if the product from any source pn unacceptable at any time, the Contractor shall furnish approved material from other apprc sources. Material that fails to meet specifications after-improper storage, handling or any c reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans anc SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exc the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engint The costs of any retests made necessary by noncompliance with the specifications shal borne by the Contractor. 1 I I I I I 1 I 1 /s e I* 4 Add the following section: 4-1.7 Nonconformina Work The contractor shall remove and replace any work not conforming to the plans or specificati upon written order by the Engineer. Any cost caused by reason of this nonconforming v shall be borne by the Contractor. I e I I I II I I u I II I 1 1 I I I 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known recc endeavored to locate and indicate on the Plans, all utilities which exist within the limits of work. However, the accuracy of completeness of the utilities indicated on the Plans is guaranteed. 5-4 RELOCATION I Add: The temporary or permanent relocation or alteration of utilities, including service conned desired by the Contractor for hidher own convenience shall be the Contractor's responsibility, and hdshe shall make all arrangements regarding such work at no cost to City. If delays occur due to utilities relocations which were not shown on the Plans, it wil solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to re101 utilities which interfere with the construction, the Contractor, upon request to the City, ma: 1 permitted to temporarily omit the portion of work affected by the utility. The portion thus om1 shall be constructed by the Contractor immediately following the relocation of the utility invo unless otherwise directed by the City. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at the time of the project preconstruction meeting a detailed critical path method (CPM) project schedule. This schedule is subject to the review and approval of the City and such approval shall be a condition precedent to issuance of the Notice to Proceed by City. 2. The schedule shall show a complete sequence of construction activities, identifying work for the complete project in addition to work requiring separate stages, as well as any other logically grouped activities. The schedule shall indicate the early and late start, early and late finish, 50% and 90% completion, and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration. I* Q 1 /2 4 3. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with the original schedule. The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous version of the schedule. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise the aforementic schedule (s) shall enable City, at its sole election, to withhold up to 10% of the mol progress payment otherwise due and payable to the contractor until the schedule been submitted by the prime contractor and approved by City as to completeness conformance with the aforementioned provisions. No changes shall be made to the construction schedule without the prior written approval o Engineer. Any progress payments made after the scheduled completion date shall constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicting uti, shall be requirements prior to commencement of work by the Contractor. I ! 1 I II I I 4. 1. 5. 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contractc obtain necessary permits from other governmental agencies , or unreasonable delay causec enforcement of laws and regulations by other public agencies, including but not limited enforcement of the Endangered Species Act and other similar laws. i B 0 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR The City shall not be liable for delay caused by the enforcement of laws and regulations by c public agencies, including but not limited to, enforcement of the Endangered Species Act other similar laws. I I 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contractc obtain necessary permits from other governmental agencies, or unreasonable delay cause1 enforcement of laws and regulations by other public agencies, including but not limitec enforcement of the Endangered Species Act and other similar laws. PAYMENT FOR DELAYS TO CONTRACTOR The City shall not be liable for delay caused by the enforcement of laws and regulations by o public agencies, including but not limited to, enforcement of the Endangered species Act other similar laws. ' I 1 I 6-7 TIME OF COMPLETION The Contractor shall begin work within five (5) calendar days after receipt of the "Noticc Proceed" and shall diligently prosecute the work to completion within fifty-five (55) consea days after the date of the Notice to Proceed. I 1 /2 G I. b 4 To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engir if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of Engineer. This written permission must be obtained at least 48 hours prior to such work. Contractor shall pay the inspection costs of such work. I I a I 1 I 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and faulty work or materials discovered during the guarantee period shall be repaired or replacel the Contractor, at his expense. Twenty-five percent of the faithful performance bond shal retained as a warranty bond for the one year warranty period. I 1 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $1,500 per da! each day beyond the completion date as liquidated damages for the delay. Any progi payments made after the specified completion date shall not constitute a waiver of paragraph or of any damages. 1 ' 1. Add the following: 7-3 LIABILITY INSURANCE All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide c least A-:V and are admitted and authorized to conduct business in the state of California are listed in the official publication of the Department of Insurance of the State of Califomii 7-4 WORKERS' COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct busir in the state of California and are listed in the official publication of the Department of Insurz of the State of California. Policies issued by the State Compensation Fund meet requirement for workers' compensation insurance. 1 1 I 1 I 8 I 1 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, building permits necessary to perform work for this contract on City property, in stre highways (except State highway right-of-way), railways or other rights-of-way. 8. Q 1 /2 4 Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1 , Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working day the City’s request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflers in g repair when in use on the project with special attention to City Noise Control Ordinance 3109, Carlsbad Municipal Code, Chapter 8.48. 1 0 I I 1 1 1 I I 7-1 0 PUBLIC CONVENIENCE AND SAFETY Add the following to Section 7-1 0.4, Public Safety: 7-10.4.4 Safetv and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work shall comply with all applicable provisions of Federal, State and Municipal safety laws D building codes to prevent accidents or injury to persons on, about, or adjacent to the prem where the work is being performed. He/she shall erect and properly maintain at all time required by the conditions and progress of the work, all necessary safeguards for the protec 1 @ of workers and public, and shall use danger signs warning against hazards created by s features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Gradin If this notice specifies locations or possible materials, such as borrow pits or gravel beds use in the proposed construction project which would be subject to Section 1601 or Sec 1603 of the Fish and Game Code, such conditions or modifications established pursuar Section 1601 of the Fish and Game Code shall become conditions of the contract. 8 FAClLlTlES FOR AGENCY PERSONNEL Delete this section. I I I 1 I B 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amour I retention. ?3 1. 1 /2 I L 10 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to per necessary surveying for this project. Requirements of the Contractor pertaining to this iter set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying sei within appropriate items of proposal. No separate payment will be made. Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50' intei (25' intervals for curves), curb returns at BCR, 114, 1/2, 3/4, and ECR, headers, sewers, s' drains, and structures (4 comers min.). Rough grade as required to satisfy cut of fill to fink grade (or flowline) as indicated on a grade sheet. Contractor shall transfer grade hubs for construction and inspection purposes to crown line t grade of streets as required by Engineer. Contractor shall protect in place or replace all obliterated survey monuments as per Sec 8771 of the Business and Professional Code. Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commen 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction u this contract. The Contractor shall contact the appropriate water agency for requirements. contractor shall include the cost of water and meter rental within appropriate items of proposal. No separate payment will be made. u ' 0 I 1 1 I 1 construction of surveyed item. 1 D @a 1 I I I 1 1 I u a 1. 1 12 4 II. SPECIAL PROVISIONS FOR BUENA VlSTA CHANNEL DREDGING I 1 , @ 1. 1 This project consists of removal of Cattails, bulrushes, silt, and all foreign ma deposited within the limits of the Buena Vista Channel from west of the Haymar Bridi Jefferson Bridge. Work shall include removal, air drying, and disposal of all spoils the northern 50% of the channel. All material removed and deposited on the adj; sites for drying must be placed not closer than 150 from the channel’s edge, an material shall be allowed to enter the channel. The private property adjacent to the channel has been previously utilized for dryinc dredged material. However, all arrangements and required fees must be made beh the property Owners and the contractor. All costs of land lease and cleanup work c private property shall be born by the contractor, and should be included in the lump price bid for Buena vista Channel dredging and no other payments will be made. Dredging will be limited to 1 foot below the channel bottom grade as shown on the pl After completion of dredging operation, the City will perform a survey and establisl new channel bottom elevation at 100’ intervals. If the new channel bottom elevati higher than the dredge elevations shown on the plans, the contractor shall dredge t areas to the required elevation. After the completion of this corrective dredging contractor shall, at its own expense, employ a registered land surveyor to perfom necessary surveying to verify the dredging elevations and submit his surveying res1 the Engineer for review and approval. The contractor shall be responsible for applying for all other permits and agreerr necessary to complete the work as required by the project and Cities of Carlsbad Oceanside. Payment for all additional fees to stock pile and disposal shall be includ the in the lump sum bid for dredging and no other payments will be made. A temporary 100 foot vegetation buffer zone will be left intact upstream from the con apron of the Jefferson Street Bridge. Clearing must be accomplished upstream fror temporary buffer. After the completion of dredging upstream of buffer zone, the wate be left for at least one full day to allow siltation to collect in the buffer zone befon buffer zone is removed. Truck routes, disposal sites, traffic control, and all work methods shall be approved b engineer prior to the start of work. Sweeping of haul routs, if deemed necessary by the Engineer, will be the responsibil the contractor. Sweeping costs shall be included in the lump sum price bid for the B Vista Channel Dredging and no other payments will be made. The contractor will be furnished a list of all property owners adjacent to the ch: boundary and it shall be contractor’s responsibility to notify the property Owners a scheduled work dates and the type of work to be done prior to the start of the job. All dredging operations shall be completed by February 28, 1997. A minimum of three 10 foot wide vegetation buffers shall be provided at 1,000 intervals perpendicular to the channel, with siltation fences located in front of the bi as shown on the plans. 2. 1 I I I I 1 1 I I 1 I 1 3. 4. 5. 1. 6. 7. 8. I 9. 10. 11. q I. 1 /2 4 Add the following, to section 213-2 GEOTEXTILES for temporary silt fence construction: 1. 8 Filter fabric shall be pervious sheet of synthetic polymer composed of at least 85' weight ethylene, amide, ester or vinylidene yam, non-wowen, and shall co stabilizers and or inhibitors to resist deterioration by heat, water and ultra-violet light. fabric shall conform to the following criteria: a. b. I I I I I I I 1 I I 1 il 1 1 I The equivalent opening size shall be within the range of 70-100. The minimum tensile strength(ASTM D1682G) shall be at least 120 pounds v 6inc square mesh wire support fence. Posts shall be spaced 6 foot on cente Posts for silt fences shall be either &inch diameter wood or 1.33 pounds per lineal steel with a minimum length of 5 feet. Steel posts shall have projections for fastc wire to them. Wire fence reinforcement for silt fences shall be a minimum of 42 inches in height shall be a minimum of 14 gage, and shall have a maximum mesh spacing of 6 inche: I. 2. 3. Add to the section 300-8 Geotextile for drainage: 1. The height of the silt fence shall not exceed 36 inches. In the channel, the fence shall be slightly curved upstream at the sides to direct the flow toward the middle c fence. If possible, the filter fabric shall be cut from a continuous roll to avoid the use of jo When joints are necessary, filter cloth shall be spliced only at a support post \II minimum 6inch overlap and both ends securely fastened to the post. Posts shall be spaced a maximum of 6 feet apart and driven securely into the gr (minimum of 12 inches). A trench shall be excavated approximately 4 inches wide and 4 inches deep aloni line of posts and upstream from the barrier. A wire mesh support fence shall be fastened securely to the upstream side of the I using heavy duty wire staples at least 1 inch long, tie wires or hog rings. The wire extend into the trench a minimum of 4 inches and shall not extend more than 36 ir above the original ground surface. Filter fabric shall be stapled or wired to the fence, and 8 inches of the fabric shall e: into the trench. The fabric shall not extend more than 36 inches above the or ground surface. Filter fabric shall not be stapled to existing trees. The trench shall be backfilled and the soil compacted over the toe of the filter fabric. Silt fences shall be removed after all dredged material has been removed and disF from the temporary stock pill site. The Contractor will be responsible for maintainin! replacing the silt fence for the duration of the contract. -2. 1. 3. 4. 5. 6. 7. 8. 1 /2 a I. 5 Maintenance I. I Silt fences and filter barriers shall be inspected immediately after each rainfall ar least daily during prolonged rainfall. Any required repairs shall be made within 12 t of the discovery of the damage. Should the fabric on a silt fence or filter bm’er decompose or become ineffective pr the completion of the dredging, the fabric shall be replaced promptly. Sediment deposits shall be removed when deposits reach approximately one-ha1 height of the barrier. I I 1 1 1 i I 1 1 1 8 1 I I I 2. 3. I. Payment: All costs for materials and labor shall be included in the lump sum bid price for dredging ant other payments will be made. 1. q I* 1 /s Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ., ./: ! OFFICIAL RECDRDS , , *. 4 76 SAM DIEGO COUKTY RECORDER’S i;i;iEGORY SBlTH, CRUHTY BEC FEES c