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American Asphalt South Inc; 2006-10-11; PWS07-01ENG
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC it 2007-0535155 AUG10,2007 11:37 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE RRERORY J SMITH, COUNTY RECORDER FEES: 0 00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was substantially completed on June 6, 2007 and all punch list work was completed on June 29, 2007. 6. The name of the contractor for such work or improvement is American Asphalt South, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: 2006 Slurry Seal Project, Project No. 3667-12. 8. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. Johnsojp, Jr. City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on fijLLyuLjiJ- 7 , 2007, accepted the above described work as completed and ordered that a#Jotice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on UM6U&4' 8 2007, a^Qaiileb^d, California. ' CARLSBAD CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 BID NO. PWS07-01ENG Revised 10/08/03 Contract No. 3667-12 Page 1 of 87 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 15 Bidder's Bond To Accompany Proposal 16 Guide For Completing The "Designation Of Subcontractors" Form 18 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 20 Bidder's Statement Of Financial Responsibility 21 Bidder's Statement Of Technical Ability And Experience 22 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 23 Bidder's Statement Of Re Debarment 24 Bidder's Disclosure Of Discipline Record 25 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 27 Contract Public Works 28 Labor And Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 38 Revised 10/08/03 Contract No. 3667-12 Page 2 of 87 Pages Parti SUPPLEMENTAL PROVISIONS General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 42 1-2 Definitions 43 1-3 Abbreviations 44 Section 2 Scope And Control Of The Work 2-3 Subcontracts 44 2-4 Contract Bonds 45 2-5 Plans And Specifications 45 2-10 Authority Of Board And Engineer 47 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 47 3-3 Extra Work 48 3-4 Changed Conditions 48 3-5 Disputed Work 49 Section 4 Control Of Materials 4-1 Materials And Workmanship 52 4-2 Materials Transportation, Handling and Storage 53 Section 5 Utilities 5-1 Location 53 5-4 Relocation 53 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 54 6-2 Prosecution Of Work 54 6-6 Delays And Extensions Of Time 55 6-7 Time of Completion 55 6-8 Completion And Acceptance 55 6-9 Liquidated Damages 56 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 56 7-4 Workers' Compensation Insurance 56 7-5 Permits 56 7-7 Cooperation and Collateral Work 57 7-8 Project Site Maintenance 57 7-10 Public Convenience And Safety 57 7-13 Laws To Be Observed 62 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 62 9-3 Payment 62 Revised 10/08/03 Contract No. 3667-12 Page 3 of 87 Pages PART 2 Construction Materials Section 203 Bituminous Materials 203-6 Asphalt Concrete 69 203-13 Asphalt Pavement Crack Sealants 71 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 73 Section 210 Paint And Protective Coatings 210-1 Paint 75 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 75 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 75 PART 3 Construction Methods Section 301 Treated Soil, Subgrade Preparation and Placement of Base Material 301-1 Subgrade Preparation 77 Section 302 Roadway Surfacing 302-4 Emulsion-Aggregate Slurry 77 Section 310 Painting 310-5 Painting Various Surfaces 79 Section 312 Pavement Marker Placement And Removal 312-1 Placement 81 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 81 313-2 Temporary Traffic Signing 82 313-3 Temporary Railing (Type K) And Crash Cushions 82 313-4 Measurement And Payment 84 PART 6 Section 600 Modified Asphalts, Pavements and Processes 600-3 Rubberized Emulsion - Aggregate Slurry 85 Appendix A Resident Notification Example 86 Revised 10/08/03 Contract No. 3667-12 Page 4 of 87 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 P.M. on August 29, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: The sealing of various streets throughout the City. 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 BID NO. PWS07-01ENG This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the (Engineering)_Department. The specifications for the work include the "Greenbook" Standard Specifications for Public Works Construction, 2003 Edition, and supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. 3667-12 Page 1 of 4 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 7. Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers 4. Designation of Subcontractors may be omitted at the time of bid submittal but and Amount of Subcontractor Bid shall be provided by the Bidder prior to award of 5. Bidder's Statement of Financial Responsibility this contract. 6. Bidder's Statement of Technical Ability and 9. Bidder1 s Statement Re Debarment Experience 10. Bidder's Disclosure Of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate for the this project is $519,219. Except as provided herein, a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A. C12, C32. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. 3667-12 Page 2 of 4 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Revised 10/08/03 Contract No. 3667-12 Page 3 of 4 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-068, adopted on the 27th day of June 2006. July 6. 2006 Date KAREM R. KyhJDT^J Assent City Clerk Publish Date: July 11, 2006 Revised 10/08/03 Contract No. 3667-12 Page 4 of 4 Pages CITY OF CARLSBAD 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3667-12 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: BID SCHEDULE Approximate Item Quantity Unit No. Description and Unit Price Total *. 1 Mobilization aj / t . „, 1 LS Dollars (Lump Sum) 2 Public Notifipation of StreetWork at 1 LSrfouJ**/ aowrs Dollars (Lump Sum) 3 Traffic Control at „ M ,. 1 LS Dollars (Lump Sum) 3-in AC Re/ngyal and R§place at^ ^ 12,000 SF r/ Dollars per Square Foot 3-in AC Removal and Replace with 2,200 SF Root Removal at. Dollars per Square Foot Revised 10/08/03 Contract No. 3667-12 Page 9 of 87 Pages Item No. 10 11 12 14 Description Rubberized Emulsion Aggregate Slurry Type 1 aL **</ Dollars pef Gallon Protect Utility Covers, Manholes, and Monument Markers at Dollars (Lump Sum) Blue, Fire Hydrapt Markers at Jo/tofs Dollars Each Te/nporajy, Pavement Markers <WX DollarDollars (Lump Sum) 12-in White Limit Line per Caltrans Detail A24E (Thermoolasjic) at Dollars Each "STOP" Pavement Legend (Thermoplastic) at Dollars Each Paint 4" Yellow Centerline per Caltrans Detail 1 at Dollars per Lineal Foot Paint 4" Double Yellow Centerline per Caltrans DetaiL22 at # Dollars per Lineal Foot Approximate Quantity and Unit 64,81 9 GAL RPME 1 LS 122EA 1 LS 58 EA 61 EA 5,700 LF Dollars per Lineal Foot 13 Paint 4" Double Yellow Centerline per 823 LF Caltrans Detail 21 at 450 LF Unit Price Total Revised 10/08/03 Contract No. 3667-12 Page 10 of 87 Pages Item Na 15 16 17 18 19 20 Description Paint 8" White Channelizing Line per Caltrans Detail 38 at Dollars Each Approximate Quantity and Unit 80 LF Dollars per Lineal Foot White Yield Line per Fig 3B-14 of MUTCQ2003 CA Supplement at• Dollars Each 12" Crosswalk, White or Yellow (Thermoplasticjat Dollars per Lineal Foot "SLOW SCHOOL XING" Pavement Legend (ThermoRjastic^at Dollars Each "SIGNAL AHEAD" Pavement Legend (Thermoplastic) at Dollars Each Pavement Arrows per Caltrans Standard(ThermoplasJic) at /n# 2EA 650 LF 3EA 1 EA SEA Unit Price Total M.OO Total amount of bid in words: '/* ,*» °PBC Total amount of bid in numbers: $_ The basis of award will be the total amount of bid. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ./ has/have been received and is/are included in thi proposal. DATE Revised 10/08/03 Contract No. 3667-12 Page 11 of 87 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the ^apacjjv of a contractor within the State of California, validly licensed under licensenumber ^jfty^^ • classification s? which expires on &>itfv*to*r &% £006. and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is <? &«cftrs 00#c( (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 10/08/03 Contract No. 3667-12 Page 12 of 87 Pages License Detail Page 1 of3 California Home Tuesday, August 15, 2006 License Detail Contractor License # 784969 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P L071J7, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 08/15/2006 * * * Business Information * * * AMERICAN ASPHALT SOUTH INC PO BOX 3610 FONTANA, CA 92334 Business Phone Number: (909) 427-8276 Entity: Corporation Issue Date: 09/25/2000 Expire Date: 09/30/2006 * * *License Status * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/15/2006 License Detail Page 2 of 3 _ This license is current and active. All information below should be reviewed. * * * Additional Status Information * * * The renewal application has been received but not yet processed. * * * Classifications * * * Class Description A GENERAL 'ENGrNEERJNG * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 1883074 in the amount of $10,000 with the bonding company INSURANCE COMPANY OF THE WEST. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) ALLAN ANTHONY HENDERSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/18/2003 BQI's Bonding History * * * Workers Compensation Information *'* * This license has workers compensation insurance with the VIRGINIA SURETY COMPANY. INC. Policy Number: 1CW50122902 Effective Date: 01/01/2006 Expire Date: 01/01/2007 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/15/2006 License Detail Page 3 of 3 Workers Compensation History * * * Miscellaneous Information * * * Date Description 06/06/2001 CLASS C32 REMOVED 10/30/2003 CLASS B REMOVED Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Contractor Personnel Number Name Name Request Request Request _ . SalespersonSalesperson ... ^~^~. Name Reiluest Request 2006 State of California. ConditionAPlUse Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/15/2006 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. Revised 10/08/03 Contract No. 3667-12 Page 13 of 87 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted /^for/Vfr/? /XfyfjQ/r JJtMj *? (2) (Signature) (Title) -s Impress Corporate Seal here (3) Incorporated under the laws of the State of sWV(4) Place of Business (Street and Numbe City and State (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 10/08/03 Contract No. 3667-12 Page 14 of 87 Pages BID SECURITY FORM (Check to Accompany Bid) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. 3667-12 Page 15 of 87 Pages MINUTES OF THE 2006 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF AMERICAN ASPHALT SOUTH, INC. The 2006 annual meeting of the Board of Directors of American Asphalt South, Inc., a California corporation (hereinafter referred to as the "Corporation"), was held in Fontana, California, on January 7, 2006, commencing immediately after the 2006 annual meeting of the shareholders of the Corporation. Said 2006 annual meeting of the Board of Directors was held for the purpose of electing officers of the Corporation, considering reports of the affairs of the Corporation, and transacting other business within the powers of the Board of Directors. 1. CALL TO ORDER-CHAIRMAN AND SECRETARY The meeting was called to order by Allan A. Henderson, Chairman of the Board of Directors of the Corporation. Lyle Stone, the Corporate Secretary, acted as secretary of the meeting and recorded the minutes. Mr. Henderson then noted that at the 2006 annual meeting of the shareholders of the Corporation, which annual meeting had just concluded, that Allan A. Henderson, Kimberly L. Henderson, Stephen J. Aguirre and Jeffery R. Petty had been re-elected as members of the Corporation's Board of Directors, all to serve as such until the 2007 annual meeting of the shareholders of this Corporation. 2. VALIDITY OF MEETING Notice of the date of this meeting is stated in the By-laws of this Corporation, specifically Section 3.6. All Directors present agreed that this is a valid meeting of the Board of Directors. 3. DIRECTORS PRESENT The following Directors were present: Allan A. Henderson, Kimberly L. Henderson, Stephen J. Aguirre, and Jeffrey R. Petty. The following Director(s) were absent: None. 4. ELECTION OF CHAIRMAN Allan A. Henderson was then unanimously re-elected to serve as the Chairman of the Board of Directors until the 2007 annual meeting. 5 APPROVAL OF PRIOR MINUTES The Chairman then presented to the meeting the minutes of the January 7, 2005 annual meeting of the Board of Directors of this Corporation, which are in the form of a written action. Said minutes were unanimously approved and all actions taken therein unanimously ratified. 6. NOMINATION AND ELECTION OF OFFICERS Page 1 The Chairman then called for nominations for the officers of the Corporation to serve for one year until the next annual Board of Directors meeting and until their successors are elected and qualified. The following persons were nominated for the offices designated beside his or her name: Allan A. Henderson - President Jeff Petty - Vice President Lyle Stone - Secretary Stephen J. Aguirre - Chief Financial Officer Allan A. Henderson - Chief Executive Officer The Chairman called for further nominations but none was made. The above persons were unanimously elected to the offices to which he had been nominated. Furthermore, all elected officers are duly authorized to sign documents on behalf of the corporation. 6. ADJOURNMENT There being no further business, the meeting was adjourned. Lyte^Stone Corporate Secretary Page 2 BIDDER'S BOND TO ACCOMPANY PROPOSAL 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 KNOW ALL PERSONS BY THESE PRESENTS: TWim?WArPTOWA.T ^'"PTTfVFT TWThat we, AMERICAN ASPHALT souxa, INC. as prjncjpa|i ancj INSURANCE COMPANY , as Surety are held and firmly bound unto the City of Carlsbad, California, In an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF THE AMOUNT Bifer which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day Of ATTRTTST PRINCIPAL: AMERICAN AS . INC. (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this Qf AUGUST -20. .day SURETY; INTERNATIONAL FIDELITY INSURANCE COMPANY (name of Surety) 1575 TREAT BOULEVARD #208 WALNUT CREEK, CA 94596 (address of Surety) (925) 25^-8760 /signdfuTe'orAttorney-in-Fact) R. A. BASS (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney m/no/no CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •;£^Se^^.35&^^6JS<^>Wga^^ State of California County of -3An ' f nafci inOdi }ss. On before me,n Tfi kl1 -P , personally appeared i~V'd Name and Title of Officer (e.g.. "Jane Doe. Notary Public") COMM-flSBWR NOTARY PU8UMALIPWIMA SAN 8BWMDWO COUNTY Name(s) of Signer(s) *5tf personally known to me D proved to me on the basis of satisfactory evidence to be the person^sf) whose name^l is^e* subscribed to the within instrument and acknowledged to me that he/sheTjhcy executed the same in his/ibefflbcir authorized capacity(i»s), and that by his/JaerrtttwTr signature^ on the instrument the person(a), or the entity upon behalf of which the person(s^* acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pagds:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: CU Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of SAN FRANCISCO On 08/07/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC (here insert name and title of the officer) personally appeared °- A. BASS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature VENETIA 6. JOHNSON Commission* 1419935 Notary Public - California San Francisco County My Comm. Expires May 24.20071 (Seal) Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFroAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY San Francisco, CA.s its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity andother writings obligatory in toe nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, andthe execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCECOMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board ofDirectors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds andundertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingduly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to anybond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to besigned and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO: STATE OF NEW JERSEY County of Essex Secretai On this 29th day of August 2003, before me came the individual who executed theprecedinginstrunient, to me personally known, and, being by me dulysworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed tosaid instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaid Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEYMy Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 7th day of August, 2006 Assistant Secretary Company Profile Page 1 of 2 Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable lo Locate the Agent for Service of Process? Reference Information NAIC#: 11592 NAIC Group #: 0000 California Company ID #: 4341-4 Date authorized in „ , An n nr.^~, rj? . February 09, 1996California: J T . 0+ + UNLIMITED-License Status: NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 08/15/2006 Company Profile Page 2 of 2 Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 20, 2006 08:23 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 08/15/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and 'Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. 3667-12 Page 18 of 87 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. 3667-12 Page 19 of 87 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcontractor Name and Location of Business #99604? Amount of Work by Subcontractor in Dollars* Subcontractor's License No.* Page / of /_ pages of this Subcontractor Designation form. •Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. 3667-12 Page 20 of 87 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. 3667-12 Page 21 of 87 Pages American Asphalt South, Inc. ** PROFIT & LOSS STATEMENT ** July 2006 Combined Statement -All Departments Y-T-D includes 7 months ending July 2006 CURRENT MONTH % Page 1 08/14/06 Sales TOTAL SALES )ST OF SALES Crew Salaries Materials Subcontractors Trucking Other Job Costs Discounts Taken TOTAL COST OF SALES KDSS PROFIT FROM OPERATIONS JDIRECT EXPENSES PW Fringe Benefits Payroll Tax Expense _- Supervisors Salaries Bonuses Workers Compensation Expens Small Tools Supplies-Non Vehicle Medical Insurance Vehicle Reimbursement Fuel Plans & Specs Parking/TolIs Communications Salaries-Yard Vehi cle-Servi ce Vehicle Parts Vehicle-DMV Depreciation Labor -Yard Labor Delivery Indirect Labor Cost Applied TOTAL INDIRECT EXPENSES INERAL & ADMIN EXPENSES Salaries & Wages-Office Payrol1 Tax Expense ^_ Workers Comp Bonus, Office Rent Advertising & Promotion Accounting 1,960,227.59 100.0 1,960 222 885 128 65 116 1,418 541 29 14 1 4 31 7 9 37 3 6 5 6 1 33 14 3 -69 143 19 1 3 3 ,227 ,562 .884 ,148 ,316 ,948 0 ,860 ,367 ,025 ,729 ,300 ,900 ,870 371 ,923 ,378 450 ,604 231 239 ,745 ,200 ,323 ,183 ,172 ,797 ,481 ,490 ,101 ,316 .800 ,698 419 .450 ,500 0 0 .59 .55 .66 .00 .61 .74 .00 .56 .03 .34 .88 .00 .00 .47 .43 .72 .04 .00 .00 .00 .00 .96 .00 .13 .97 .60 .89 .36 .00 .09 .70 .00 .30 .32 .00 .00 .00 .00 100 11 45 6 3 6 0 72 27 1 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 -3 7 1 0 0 0 0 0 0 .0 .4 .2 .5 .3 .0 .0 .4 .6 .5 .8 .1 .2 .6 .0 .4 .5 .0 .9 .0 .0 .2 .3 .3 .3 .1 .7 .7 .2 .5 .3 .0 .1 .0 .2 .2 .0 .0 YEAR TO DATE % 8,085,416.51 99.7 8,085,416.51 99.7 1,033,801.58 12.7 3,497,677.84 43.1 638,736.61 7.9 275,466.57 3.4 311,990.27 3.8 -14.98 0.0 5,757,657.89 71.0 2,327,758.62 28.7 150,355.33 1.9 89,442.84 1.1 36.500.00 0.4 34.300.00 0.4 162.190.22 2.0 1,400.20 0.0 54,861.72 0.7 71,389.54 0.9 3.150.00 0.0 190,647.60 2.3 2,449.47 0.0 724.00 0.0 24,978.41 0.3 46,500.00 0.6 37,102.65 0.5 71,767.97 0.9 17,450.60 0.2 227,624.47 2.8 132,520.28 1.6 14,641.00 0.2 -351,779.92 -4.3 1,018.216.38 12.5 141,975.00 1.7 13,921.47 0.2 2,984.39 0.0 24.150.00 0.3 24.500.00 0.3 6.197.08 0.1 12,224.00 0.2 American Asphalt South, Inc. ** PROFIT & LOSS STATEMENT ** July 2006 Combined Statement -All Departments Y-T-D includes 7 months ending July 2006 Page 2 08/14/06 Telephone Insurance-General Lease Expense-North Equp Travel Uniform Expense Repairs & Maint-Office Office Supplies Misc. Expense Postage/Frei ght Dues 401K Employer Match Property Taxes Tax-Heavy Use Licenses Subscriptions Bank Charges Adverti s ing/Promoti on Conventions/Seminars Contributions & Donations Dental Plan Interest Expense , — Permi ts Vehicle cleaning/repair Utilities Telephone Clerical Wages TOTAL GENERAL & ADMIN EXPENSES IT INCOME FROM OPERATIONS THER INCOME Interest Income-Sweep Acct Other Income Gain/Loss Asset Disp ATS- Income/Loss TOTAL OTHER INCOME ET INCOME BEFORE TAXES MCOME TAXES Franchise Tax Expense TOTAL INCOME TAXES ZT-PROFIT CURRENT MONTH % 17 5 3 2 I 3 8 3 1 2 82 315 296 .830 .000 742 465 .400 810 154 762 190 173 .478 0 370 ,658 746 .154 0 -100 190 .007 ,819 0 ,014 0 ,400 ,432 ,617 175 151 0 0 326 .88 .00 .00 .34 .09 .35 .08 .74 .98 .00 .94 .62 .00 .00 .00 .55 .30 .00 .00 .00 .70 .17 .00 .21 .00 .00 .57 .76 .10 .27 .00 .00 .37 0.0 0.9 0.3 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.1 0.0 0.2 0.0 0.0 0.0 0.4 0.2 0.0 0.1 0.0 0.1 4.2 16.1 0.0 0.0 0.0 0.0 0.0 315,944.13 16.1 0.00 0.0 0.00 0.0 315.944.13 16.1 YEAR TO DATE % 1,242.07 0.0 124,810.00 1.5 35,000.00 0.4 2,825.98 0.0 1,795.35 0.0 29,257.00 0.4 7,315.15 0.1 486.69 0.0 3,755.98 0.0 812.00 0.0 1,049.24 0.0 4,505.78 0.1 4,583.33 0.1 1,201.87 0.0 4,615.62 0.1 1,602.06 0.0 11.975.04 0.1 197.00 0.0 1,340.00 0.0 6,266.12 0.1 53,553.33 0.7 10,918.92 0.1 750.00 0.0 4,972.98 0.1 344.90 0.0 18,000.00 0.2 559.128.35 6.9 750.413.89 9.2 2,772.03 0.0 7,213.19 0.1 10,597.42 0.1 7,550.00 0.1 28.132.64 0.3 778.546.53 9.6 26.500.00 0.3 26.500.00 0.3 752.046.53 9.3 American Asphalt South, Inc. ** PROFIT & LOSS STATEMENT ** July 2006 Department 2: Slurry Seal Y-T-D includes 7 months ending July 2006 CURRENT MONTH % Page 1 08/14/06 Income, SS TOTAL SALES )ST OF SALES Crew Salaries Materials Subcontractors Trucking Other Job Costs TOTAL COST OF SALES *OSS PROFIT FROM OPERATIONS ^DIRECT EXPENSES PW Fringe Benefits Payrol1 Tax Expense Supervisors Salaries —— Workers Compensation Expens Medical Insurance Fuel Plans & Specs Parking/TolIs Commun i cati ons Vehicle-Service Vehicle Parts Vehicle-DMV Depreciation Labor -Yard Labor Delivery Indirect Labor Cost Applied TOTAL INDIRECT EXPENSES ENERAL & ADMIN EXPENSES TOTAL GENERAL & ADMIN EXPENSES ET INCOME FROM OPERATIONS THER INCOME TOTAL OTHER INCOME JNCOME BEFORE TAXES TAXES 446, 446, 76, 138, 33, 37, 285, 160, 9, 5, 10. 5. 12, 1. 3, 3. 19, 3. -22, 52. 107, 336.41 336.41 983.28 249.49 0.00 471.87 064.24 768.88 567.53 829.84 025.14 0.00 308.37 329.48 758.86 86.00 113.00 281.54 738.09 798.20 211.00 320.44 365.50 490.00 768.74 886.72 0.00 680.81 0.00 100.0 100.0 17.2 31.0 0.0 7.5 8.3 64.0 36.0 2.2 1.1 0.0 2.3 1.2 2.9 0.0 0.0 0.3 0.8 0.9 0.0 4.3 0.1 0.8 -5.1 11.8 0.0 24.1 0.0 YEAR TO DATE % 3,280,449.68 100.0 3,280,449.68 100.0 567,552.07 17.3 1,279,988.78 39.0 4,692.50 0.1 178,163.65 5.4 125,501.50 3.8 2.155,898.50 65.7 1,124.551.18 34.3 101,744.88 3.1 42,844.85 1.3 17.000.00 0.5 72,536.36 2.2 19,031.53 0.6 71,009.97 2.2 2,144.47 0.1 426.00 0.0 8,853.35 0.3 30,654.81 0.9 56,902.36 1.7 14.269.00 0.4 133.501.09 4.1 12,904.21 0.4 12,751.00 0.4 -203,950.44 -6.2 392,623.44 12.0 0.00 0.0 731,927.74 22.3 107,680.81 24.1 0.00 0.0 731.927.74 22.3 American Asphalt South, Inc. Page 2 08/14/06 ** PROFIT & LOSS STATEMENT ** July 2006 -~ Department 2: Slurry Seal Y-T-D Includes 7 months ending July 2006 CURRENT MONTH % YEAR TO DATE % TOTAL INCOME TAXES 0.00 0.0 0.00 0.0 IT PROFIT 107,680.81 24.1 731,927.74 22.3 American Asphalt South, Inc. Page 1 08/14/06 ** PROFIT & LOSS STATEMENT ** July 2006 Department 4: Sub'd Y-T-D includes 7 months ending July 2006 CURRENT MONTH % YEAR TO DATE % \L_ES Income, Sub'd 185.669.93 100.0 795,660.46 100.0 TOTAL SALES 185,669.93 100.0 795,660.46 100.0 DST OF SALES Subcontractors 128,148.00 69.0 634,207.31 79.7 TOTAL COST OF SALES 128,148.00 69.0 634,207.31 79.7 *OSS PROFIT FROM OPERATIONS 57,521.93 31.0 161.453.15 20.3 -^DIRECT EXPENSES TOTAL INDIRECT EXPENSES 0.00 0.0 0.00 0.0 ENERAL & ADMIN EXPENSES TOTAL GENERAL & ADMIN EXPENSES 0.00 0.0 0.00 0.0 ET.-INCOME FROM OPERATIONS 57,521.93 31.0 161,453.15 20.3 ThtR INCOME TOTAL OTHER INCOME 0.00 0.0 0.00 0.0 ET INCOME BEFORE TAXES 57,521.93 31.0 161,453.15 20.3 MCOME TAXES TOTAL INCOME TAXES 0.00 0.0 0.00 0.0 ET PROFIT 57,521.93 31.0 161,453.15 20.3 American Asphalt South, Inc. ** PROFIT & LOSS STATEMENT ** July 2006 Department 6: REAS Y-T-D Includes 7 months ending July 2006 CURRENT MONTH % Page I 08/14/06 vLES Income, RS TOTAL SALES )ST OF SALES Crew Salaries Materials Subcontractors Trucking Other Job Costs TOTAL COST OF SALES OSS PROFIT FROM OPERATIONS JDIRECT EXPENSES PW Fringe Benefits Payrol1 Tax Expense Supervisors Salaries _-- Workers Compensation Expens Small Tools Medical Insurance Fuel Plans & Specs Parking/Tolls Communlcati ons Vehicle-Service Vehicle Parts Vehlcle-DMV Depreciation Labor -Yard Labor Delivery Indirect Labor Cost Applied TOTAL INDIRECT EXPENSES :NERAL & ADMIN EXPENSES TOTAL GENERAL & ADMIN EXPENSES ET INCOME FROM OPERATIONS THER INCOME _-^OTAL OTHER INCOME 11 INCOME BEFORE TAXES >JCOME TAXES 1.328 1.328 145 747 31 79 1.004 323 19 8 1 18 -1 7 1 1 8 1 -46 20 302 .221 ,221 ,579 ,635 0 .844 ,884 .943 ,277 ,195 ,240 ,300 ,313 0 .358 .768 145 126 0 .412 ,470 599 .373 .623 0 ,332 .878 0 .399 0 .25 .25 .27 .17 .00 .74 .50 .68 .57 .50 .08 .00 .97 .00 .47 .90 .00 .00 .00 .77 .09 .60 .90 .10 .00 .35 .09 .00 .48 .00 100 100 11 56 0 2 6 75 24 1 0 0 1 0 -0 0 0 0 0 0 0 0 0 0 0 -3 1 0 22 0 .0 .0 .0 .3 .0 .4 .0 .7 .3 .4 .6 .1 .4 .0 .1 .6 .0 .0 .0 .1 .1 .0 .6 .1 .0 .5 .6 .0 .8 .0 YEAR TO DATE % 4,009,306.37 100.0 4,009,306.37 100.0 466,249.51 11.6 2,217.689.06 55.3 -163.20 0.0 97,302.92 2.4 186.488.77 4.7 2,967,567.06 74.0 1,041,739.31 26.0 48,610.45 1.2 31.096.62 0.8 19,500.00 0.5 61,060.95 1.5 216.89 0.0 15,430.57 0.4 29,094.82 0.7 305.00 0.0 265.00 0.0 3.984.74 0.1 5,064.14 0.1 11,195.84 0.3 1,684.60 0.0- 51,893.94 1.3 9,322.85 0.2 1,890.00 0.0 •147,829.48 -3.7 142.786.93 3.6 0.00 0.0 898.952.38 22.4 0.00 0.0 898,952.38 22.4 American Asphalt South, Inc. Page 2 08/14/06 ** PROFIT & LOSS STATEMENT ** July 2006 Department 6: REAS Y-T-D Includes 7 months ending July 2006 CURRENT MONTH % YEAR TO DATE % TOTAL INCOME TAXES 0.00 0.0 0.00 0.0 T PROFIT 302,399.48 22.8 898,952.38 22.4 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed See Name and Address of the Employery/^cW jtf, Name and Phone No. of Person to Contract *4 Type of Work Amount of Contract Revised 10/08/03 Contract No. 3667-12 Page 22 of 87 Pages <o n ro OS CO OB CO co <oI coo co2 CO COo COo a> to co CM CO s aoIN co" oCM i en co" « oCM? mo oo n coin 8CO co"CO GOO)00_ OCM opinJSin"CM 8in co" o(O 00 CO3 UJO UJtt UJu. UJ O LU ^ §iI CITYWIDE RUBBEF3REGATE SLURRY PS jj i—PROJECS (jj Z <Z Z 2002/03 /EMULSICoo AGENCY/CONTACTCITY OF CARSONTRAVIS HOPKINS(31 0)952-1 7| _i CO BERIZED EMULSIONm (£ LUQ O CITY OF MURRETAMIKE BROOKS(909)304-9273LU LUtyEco w N OF SLURRY SEAL)N VARIOUS STREE1O ~ o z 3 O CONSTRREURFA'CITY OF RIALTOMARK DEVLIN(909)820-2551S5 CO>DC Lt ENANCE AREA 4 SLUt—Z S ^ S§ CM QL CO CITY OF WALNUTJASON WELDAY(909)595-754O ^0(t JAL SLURRY SEAL PZZ CO 2002/200CITY OF PALM SPRINGSPETE ACRES (760)_j LU Q i CO0 O fr ^>On LITTLER<tCM a>L.A. COUNTYRUBEN AMEZUCA (626)458-4£EET SEALING PROJEOL CO co 2002/200*rt CITY OF CARLSBADRICK WOTIPKA (760)802-878:OLU Of±S \UP "S-r SLURRY PFu O LUQ o M**CITY OF SAN DIEGOGENE MATTER (619)527-34613o:Q.•>IIGH DESERT OVER/_I_ i OT LU 1- 0CO oCM SAN BERNARDINO COUNTYJOHN BURROWS (909)387-7£- CO IIIUJ 08 CO CO COoSi-FY 2002/:PROJECCITY OF IRVINERAUL GARCIA (949)724-7559^f£rn MAINTENANCE PRO<002-03_, CM U^ ut CO SLURRYoCO CITY OF VILLA PARKKAMRAN SABER (714)973-22CM COLU PROGRAM FOR ZON_i LL] CO SLURRY^CITY OF R. SANTA MARGARIJACKI NIEMI (949)635-1800 a UJIn co O UJi CO OJOT CO1 O coo COo co a>a eo s CO 11 UJoz UJa:ui& | o < f^•5 1 OQ CO CM °l^. CO CO 8 ^«o d ui i PROJECTEAL AREA 5, PROJECT NSLURRY SAGENCY/CONTACTCITY OF DIAMOND BARJOHN ILASIN (909)396-5671op^^ <0 „ 1 §00 EAL 2003, PROJECT NO.SLURRY S7000_^TOWN OF APPLE VALLEYEVERETT BUTCHER (760)2^8 CO 5_ ^» |s^ s» OT EAL OF VARIOUS STREESLURRY So CITY OF DELANOKIM DOMINGO (661)721-3388 (0 <8 ofCM * «e-SLURRY SEAL PROGRM2003/2004^^CITY OF ONTARIOGARY HARMS (909)395-2131pY» 5in m "sOT oca: ai -JQ OT §— UJ. &O £<z z CTION OF 2003/2004 COU•D1 PREVENTIVE MAINTEk CONSTRU'MEASURE2S COUNTY OF SANTA BARBAGARY GAMBOA (805)681-56SB |N» ff O<o j* g b «< ow.8 O K^S5o >-EAL AND CAPE SEAL PRi.OCATIONS FOR FISCALSLURRY SVARIOUS ICOUNTY OF RIVERSIDEBIL JACKSON (909)955-6779CMo «co"o% _, 41 OT V COMBINED 3 & 4) SLURR"ZONE 3" (iPROJECTCITY OF LA PUENTEJOE BOADA (626)855-1500S If) CO co"CO «» OT O |> Z ^^T SURFACE TREATMENTPAVEMENCITYOFWHITTIER1CM fctf IN THE CITY OF WHITTIEfSTREETS 1ALFREDO HERNANDEZ(562)464-35220)minCO CO S" «* OLHI |_ z ^UJ ^;MPLE CITY SHOPPING c.OT IMPROVEMENT PRO,2003-04 TEPARKING 1CITY OF TEMPLE CITYCHUCK ERICKSON(626)285-2171 X2347CO CO fh^ CO ^•ri^ «» OT E ^ Q- P m. 5 EMENT OF SLURRY SEAL:ETS; SPECIFICATION NU28THE PLACICITY STRE2002/2003-CITY OF THOUSAND OAKSJOE BRAVO(805)449-2499 X382 Q UJ Ul 8 UJ 0> S (0 cs COco §inoo CD Ot\ coCM S oo cCO oo cosmo coi COoCO CO JS UJ COZi UJ OzUJ K UJ Hu_ oUj uj OC. ACO £ft CO ls» UJo z 2j 903-04 MAIROGRAMc5 0. ^S SLURRY SI10030 4 g? _j °UJZ Q 1- $% Si CO Q. s^00a: .* < 0> oz£ogo Sz £•• ~ n_ S^co> >- <^SsQ- co ?iBE^ Wco^ Q \~. 0UJ Ul 2 E£&^wyj m >• O3 fc a:a o a. ae3 o85CL Zig§ j UJ ^ IS 2 ° w -nv- •* °|RT SLURR'NWAY 06-2<l THE CITY00 =a. a: ,-¥u_-< O 9 3s « c5SEi2 ilaz tt i ii = UJ ia. 1inluo ^MAINTENAItnUJ z «f oUJ 1a. ^co £a: CO UlUJ Q O SOCSI CO CO LLS AREA SQ.o ELAN/OOJECTx a:a. a. CO SCO ££3 CO COUJ CAGENCY/COCo 1<si»s^? U. -y COn S rj0 O jo ^ 2 ^o cf S, §o QUJ fcl? O co Q QUJ L a. ooin s 0» CO_i UJ O UJ Of UJu. UJa: <te. ^ ^§ S<ot— (OCM"m to- i UJ k.PROJEC'ANNUAL SLURRY SEAIj.iCM CO AGENCY/CONTACTCITY OF PALM SPRIPETE AGRES(760)323-8253oo ^ oo" to«* ^"a:{£. Ul CO 0 £ a. Q TREET MAINTENANCEED EMULSION AGGRE'CO N ANNUALRUBBERZ CITY OF LA MESAHAMED HASEHEMI/(619)667-1153COCO CJ ^f-T"o" UD*& ..LURRY SEAL PROJEC'CO CO CITY OF TEMECULAo ooCM fc AVLIN ODVIAR(909)694-6411o ^f CMID g~ tO S SLURRY SEAL 2003/20NO. 3524Ul 1-CITYWIDPROJEC'CITY OF UPLANDBOB CRITCHFIELD(909)931-42468 CM00 COoo K- ZUl S ^_ CD * Q. Olz F MANAGEMENT PLANCAPE SEAL; PROJECTz ««PAVEMESLURRYXUl ^*CITY OF AZUSANASSER ABBASZAC(626)812-5261GO CO Oin"CMto Ul l_ Z CO Sco H S BALING OF VARIOUS SISSION VIEJO FY 2003-;co 5 SLURRYCITY OF IO UJ CITY OF MISSION VIMARK CHAGNON(949)470-3091ooo COIDCO 8"CM J CO fe ET REPAIR AND SLURIBID NO.: 2004-04Ul .-~^f IN—2004 STFPROJEC'O<1 1 1 CITY OF SOLANA BEDAN GOLDBERG(858)720-2474o o o 8"CM ^_ ^g O Q. O TREET SLURRY SEALIICO ANNUALUl in CITY OF SAN CLEMtGARYVOBORSKY(949)361-6132to COoh-_ 5f" co<^ ^CO a:SION 233, ET AL., SLUF5 i-ROAD Dl1PROJEC'z o LOS ANGELES COUJEFFREY DONALDS(323)776-7552 OLU oo HI S &to s CL<uto !o ino (0 mo (0 mo mo •8u_ mo (0 cv a to i in CO<q co CO m" % o>ooco CO co ft moom m mCM if) S CM" com SCM O> COOO CO (ft LU UJ O Z UJtt UJli.UJa: ioo:a. gCO a:a: to SoCM S £ooa:a. 2J UJCO &a: to in §3 ilo -J-CM CL O LUoroo< oto1 32LU Q LU tJ KDC 0LU LUm ->CD O13 (£.a: a st &< CO S CM COtnUUIUQ£ Htou.O L^CO^a: _ito O LU 1Q. f- LU S O(£a LU LU £COso3ooCM to II LU COgG §g Z COQ coto u-i ga: a! OEMUZEIGR TINRUBBECOAEAa:< giK 2? ^i55 O< ^o o"1^5 0 AGENCY/CONTACTCITY OF RAN. CUCAM(CINDY HACKETT(909)477-2740 EXT 406<CITY OF LOMPOCMICHAEL LUTHER(805)875-8272CITY OF ONTARIOGARY HARMS(909)395-2130CITY OF CARSONTRAVIS HOPKINS(310)847-3529CITY OF PASADENARENY QUIJANO(626)744-6741CITY OF CHINO HILLSRUTH DIAL(909)364-2765CITY OF SAN DIEGOMARYWOLFORD(619)527-7515CITY OF BALDWIN PAFARJAN IDNANI(626)960-4011 EXT 254CASITAS M.W.D.ANDY BENITEZ(805)649-2251 EXT 139 UJ If) oo111i IDO .A0)m m m in ?(0 in mo (0 IDo OO Omo_ oo*m in of opinr«-oo" CO (O CO a> soo" ao 8 O)m <o in (O co" o(M~ to UJ j_ (0 REFERENCE LIROJECTQ. i PROJECT NAMECITYWIDE SLURRY SEAIFISCAL YEAR 2004/2005zUJ1- a ^^NCY/CONTACUJO n?OF BELL GAIMOZVAHIDi806-7775?- Q-™t- o 3o r £.ROVEMENTSQ. S STREET SLURRY SEAL IIO•z. &Q.CO I— 52o SX OF DESERTM DUARTEi329-6411 EXIC < °b >- <oO oi t- O 2004 SLURRY SEAL PROv:OF BURBANIM MOLINAR238-3947£ I eo O -J £• CO£Qi _ CO tt!FISCAL YEAR 2003/2004AND RESTRIPING PROGrf ^^OF LA QUINlES LINDSEYi777-7052£ 2 § O ^ t-STRIPING PROJECTUlo:FY 2004/2005 SLURRY &^_\^ O <t?OF CATHEDIW JACK:770-0329fc Ml JPO =) t.REET SLURRYCO FISCAL YEAR 2004/2005SEAL PROJECTUJ £Co W""" UJ ^uj| H -i In O m £•SLURRY SEAL PROJECT^^oOI 0 Xi- co LU Z CO 01 ^ Q <N O u CO ^ g s O Qi t. OUl Ott Q. CO >- o: _i CO m § SoOI +£K. *t OF BUENA PA GHAZVINI1562-3689t ui r:o z t.;MULSION-AGGREGA~^P 04-209Jr *TYPE 1 & II - RUBBERIZE!SLURRY, CITY PROJECTUJfTS-i* f^p 5 O OF RANCHO^EL SCHLAh£ 0 O IE s UJ Q. ooIII§ m 9 1 m 9 3 ino mo mo D> O (MCD 0>3of in CO S ot»rco 0CD m"CMm o^* CO CO SsCO 8CO co inCMeo 8 OQ (0 g t?<-ui s LU 2 £ooo:a. HIoz UJoc UJu. UJ UJ rO O o < (0 o: co moo ootM mooo\i CO a:K _j CO com U I U | UJ COUJ > QL 00 =CO r«-UJ COo" O uJ>- O si! O U. G- O > O 0UJ5 tK" UJ w = <9 L*- * SOW«> £o£o a: S- UJo co 111 rv S8"* 01 CO £S u. o SOi$st_ i <***•t^ujgo ^ t. o |i^ o < «?u- ± SJO"*~ O> >- <*>t o: 8?t < o 0 O S *: ^ ^iis tO Q ^ O **>U 2 csj £ I «? 5^S o_i_ia: |^o o o «? U. CD oo ("^ -y °O?y^o^« ^ «> min r>OF APPLISPITZ0-7000 X72 OS III s UJ 8 I | m1 8 <D S co<q 3oQ en q co"o> 8 l»-co V* oo O) OCM O) IS6 CO oCM §OI SI CO (O CO(M C/> _l UJoz UJo: UJU- UJa: l_oUJ 1a. b<O 01°,£ii—oUJ-J§ <S CO c5 CMmooQ- (M !•» 0 AGENCY/CONTACITY OF POWAYJEFF BEERS(858)668-4624%UJX o" 08 UJ3zs< COUJa:a:oH o Q OL ^£>CD DC Z Oil &£o <O CD (909)387-7828RAM-PHASECDOt£a. ^fl, LUCO s_ £»yu.•™l CO S §m ° O CITY OF ONTARIGARY HARMS(909)395-2130m 5 ooCM O2 <j CO u- UJIIIa: co Q1 CITYOFCARLSERICKWOTIPKA(760)602-2780£OOa:a. CD o U^a: COUJ•^_j u5 CO£ct 31 CO mooCM <9 CITY OF LA CAN/YING KWAN((818)790-8882O I CO O C£<> i ...r~L< CD ***| ICO^_oc/yLL,3 CO HI CITY OF ORANGI§ 1CM ALAN TRUONG(714)744-5568CO Pisissa SCO co <: UJg CO(£UJ E z CO K- 03 ITO § I It)r-. COs 8 a>in co oin oco(O mcsi CO 8of CM CSI CO o>in(O r>-"mco orsi i^ot«~s CMO) O) oT 0ooos*REFERENCE LISTPROJECT NAME2005-2006 SLURRY SEALAGENCY/CONTACTCITY OF INDUSTRYTONY FARRAHI(626)333-2211'RAIL TO PAMPA DRp~BUCKSKIN DRIVE-BANNOCKz Oo SAN BERNARDINO iGREG SAUL(909)387-7920« a: _iw 166TH STREET EAST, ET AL2005-06L.A. COUNTYSOHRAB AGAHI(626)458-3145OUJ->"ZONE 5" SLURRY SEAL PRCiii CITY OF LA PUENTEJOE BOADA(626)855-1500O o to TYPE II SLURRY SEAL APPLI'THROUGHOUT CITY STREETCITY OF ANAHEIMRALPH ALBA(714)765-6935i-2005 SLURRY SEAL PROJECO 5 5 CITY OF SAN BERMRANDY KUETTLE(909)384-5020OUl 2005-06 SLURRY SEAL PROJX §DO z CITY OF MANHATT/iISH MEDRANO(310)802-5000JT REHABILITATION*-,ni SLURRY/CHIP SEAL PAVEMEFY04/05(STL-314)<CITYOFCHULAVISMUNA CUTHBERT(619)397-6220IIIDE SLURRY SEALUJ !=SLURRY SEAL TYPE II-PHASIPROJECT NO. 803600, CITYV\PROGRAM FY 2005/20063 CITY OF MONTEBELSAMUEL KOURI(323)887-1471 O UJ tL a. 1 UJ 9 COCO UJa:Oo01a I o < 0£3§ s SCO m"O)CO $490,872.$255,445.26$379,537.70$246,640.$883,058.ZEDNOT FIN857,8$8LIZEDNOT FI(/>_i UJo UJttUJu_ UJ OL ui o UJ ou.0.2005-2006 SLURRY SEAL PROJECTiii QJij UJ v 9 M C§2gf ui 5f- m jO S co ui K y ZQ$5 Z CD ANNUAL MAINTEN>CRACK SEALING AEMULSION AGGRE^ UJ <§ ..r in WAUCONDA DRIVESLURRY SEAL, 2005 £ OOa:a. & CO 2005/2006 SLURRYPHASE IIJToUJ 3ftQ_ 1 2006 SLURRY SEALUJQ § £ O COh-Ul UJeCO CO o tXL < >0 1^— J QLp t* 3S CO U. 1-oUJ oa:o. h— UJ ^Octa. ^ UJUJa: fc So^inooCM ACGENCCMCO o ^ w£O Qi UI UJ l^E5 ^ ^ fewJSvt- ^=5?0s JS,L.A. COUNTYSOHRAB AGAHI(626)458-31450 CITY OF ONTARGARY HARMS(909)395-2130UI QL O Z CO UI £dt O 03 S- O W ~in a CITY OF SAN DllMARYWOLFORI(619)527-7515CO _i T.CITY OF CHINO !ANNE DUTREY(909)364-2760 QUJ COCOUIa:o UJ COCOUJa:8aca. z COCOLUa:ooa:az COCO ooa:a. COcouia:o 2az COCOUJa:ooa:a. H(/) 3 UJ O Z UJeg UJU. LU £ z3os< Of2-i 2 Oii i N <Zu. Ho 1CM _lu5 UJ I PROJE1 CRACK & SLURRY SO 1 Z Oo fT AGENCWCONTA(O SAN BERNARDINGARY LANDRY(909)387-7927Q UJM <Zu.I— i CO CO ^"£HIGHLAND AREA SLUCOUJ z o0o SAN BERNARDINGARY LANDRYl*~ ?hi-OO £2,a>oa> QUJ NJ * Z IT 1- O h- OUI-j g QL_i*tf CO ! SLURRY SEAL/CHIPl^ S5sr I Q CITY OF DIAMONI<oo^> T—o O O UJ 3 5-2006 PROGRAM; PRu. ^KIMBERLY MOLIN(909)839-7044OUJN_i ZEE H0 ^_ ^> *pui g r™ UI O .ISOS BLVD & MARGUIENT REUSRFACING (5! S W ^ O S >CITY OF MISSIONMARK CHAGNON(949)470-3091OUJN_i zLL i-0 COD0 CE 2 ^y O f-Y SEAL IMPROVEMEfsSLURRfcUJo:CITY OF LAKE FOCMiino CM FREETS FISCAL YEARCO £ O GENE FOSTER(949)461-3490Q UJN_l z\L \-0z i-oUJ 3tt Q. _l S5CO>tzOC.•3 CO Qz ^ao; tDa:L CO§oCM O CO CITY OF SOLANADAN GOLDBERG(858)755-2475 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. 3667-12 Page 23 of 87 Pages ACORD,, CERTIFICATE OF INSURANCE AMERIASPS DATE (MM/DD/YY) 09/19/06 PRODUCER Allied North America Insurance .Brokerage of California, LLC 9300 Civic Center Dr. Ste 390 Fremont, CA 94538 Licensetf OE36391 / (510) 578-2000 INSURED American Asphalt South, 14436 Santa Ana Avenue Fontana, CA 92337 Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYAVirginia Surety Company, Inc. COMPANY B COMPANYc COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY)LIMITS A i GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT Per Project Aggregate 1CG50123002 01/01/06 01/01/07 GENERAL AGGREGATE PRODUCTS-COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) $2, OOP, OOP $2,000,000 $1,000,000 $1, OOP, OOP $100, OOP $10, OOP AUTOMOBILE LIABILITY 1CA501231P2 P1/P1/P6 P1/P1/P7 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY I UMBRELLA FORM OTHER THAN UMBRELLA FORM I EACH OCCURRENCE :AGGREGATE A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 1CW501229P2 01/01/06 01/01/07 X STATUTORY LIMITS EACH ACCIDENT THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: X ,$1,000,OOP INCL EXCL DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE $1,000,000 81,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: 2P06 Slurry Seal Project, Bid No. PWS07-01ENG, Projectft 3661-12. City of Carlsbad, its officals, employees and volunteers are added as (See Attached Schedule.) CERTIFICATE HOLDER City of Carlsbad Public Works Purchasing Dept. Attn: Kevin Davis 1635 Faraday Ave Carlsbad, CA 92008 ACORD 25-S (3/93) i of 2 #5381862/M343028 CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDfEX£K3JJ*M!K 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE AYS ® ACORD CORPORATION 1993 DESCRIPTIONS (Continued from page 1.) additional insured hereunder as respects liability arising out of activies performed by or on behalf of the named insured per the attached , -endorsement. gSGEM25.2(3/93)2 of 2 #S381862/M343028 POLICY NUMBER: ICG50123002 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Carlsbad, its officials, employees and volunteers. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Virginia Surety Company, Inc. 1000 N. Milwaukee Avenue Glenview, Illinois 60025 POLICY NUMBER: 1CG50123002 -/ ADDITIONAL INSURED PRIMARY WORDING THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, a. Primary Insurance: Where you have entered into a written contract or agreement to name a person or organization as an insured under this coverage part and that written contract or agreement requires this insurance to be primary and non contributory, we will not seek contribution from any other insurance unless the "Amendment of Other Insurance Condition" CG 00 55 03 97 endorsement applies. Named Insured Policy Number Policy Period Producer's Name: Producer Number American Asphalt Repair and Resurfacing Co., 1CG50123002 oT/bi/oe to m /m /ny Endorsement No. Endorsement Effective Date: Inc. 000 01/01/06 CPG/Spedal Risk Resources Insurance Agency Inc. AUTHORIZED REPRESENTATIVE DATE OLCPGCA 32 (07/04) Virginia Surety Company, Inc. 1000 N. Milwaukee Avenue Glenvlew, Illinois 60025 POLICY NUMBER: 1CA50123102 ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to Include as an additional Insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this poDcy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: (1) The coverage or li mils of this policy, or (2) The coverage or limits required by said contract or agreement Named Insured Policy Number Policy Period Producer's Name: Producer Number American Asphalt Repair and Resurfacing Co., Inc. 1CA50123102 01/01/06 to m /m /D7 Endorsement No. Endorsement Effective Date: 000 01/01/06 CPG/Spedal Risk Resources Insurance Agency Inc. AUTHORIZED REPRESENTATIVE DATE CACPOCA4{07/04) BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) By: here) (print name/title) Page of pages of this Re Debarment form Revised 10/08/03 Contract No. 3667-12 Page 24 of 87 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page of ._ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 3667-12 Page 25 of 87 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD, (CONTINUED) (To Accompany Proposal) 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: (name of Contractor) By: n here) _ "(print name/title) Ix Page _ of _ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. 3667-12 Page 26 of 87 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-1 2 State of California ) ) ss. County of ) _, being first duly sworn, deposes ^ (Name of Bidder) and says that he or she is ~* (Title) of ' (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty oLperjury that the foreooing is true and correct and that tbis affidavit was executed on the /r™ day of s&MST* , 20/3/. Signature of Bidder s^ Subscribed and sworn to before me on the day of , 20_ (NOTARY SEAL) Signature of Notary Revised 10/08/03 Contract No. 3667-12 Page 27 of 87 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O& n On fati^, /', 0 * personally appeared .>%^»>v?0*v«^«;.-.iW.^>:-K/v/>^>:<WX.i^'WV\^^^ > ss. (2&G& before me. nicnafa EniTi Kin - AwT^Jfy P. , ! """ Name and Title of Officer (e.g., "Jane Doe, Notary Public") / l~\Ji£. SfT&ntL 1 Name(s) of Signerfs) TSSf personally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose name(^5 is/^we* ^ ^ ^ ^ ^^^^ ^ j subscribed to the within instrument and RICHARD ENTRKIN \^ acknowledged to me that he/sMe7Jftey executed COM«.»i6838B5 ^ the same in hisAefZlberr authorized M^SSSSSooSIrT B capacity^, and that by hl^berM MyComm.Exp.JUyi3.ao09 , signature^ on the instrument the person(a), or acted, executed the instrument. WITNESS my hand apd official seal. >^£X^/ £^5*15 * r Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. n*»crrintinn nf AttarhpH Dnrtimpnt 1 I ! i I! Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRIr< OF SIGNER Top of thumb here Signer Is Representing:, 1 ^Xi^s^se^^*^^ & \ 999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, OA 91313-2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CONTRACT - PUBLIC WORKS - This agreement is made this ) |^ day of by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and _ AMERICAN ASPHALT SOUTH INC. _ whose principal place of business is 14436 SANTA ANA AVENUE FONTANA CA 92337 _ (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003 Edition, and supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. 3667-12 Page 28 of 87 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/03 Contract No. 3667-12 Page 29 of 87 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. Revised 10/08/03 Contract No. 3667-12 Page 30 of 87 Pages (B) Additional Provisions. - Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. Revised 10/08/03 Contract No. 3667-12 Page 31 of 87 Pages (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, if init |f ~^-</ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. Revised 10/08/03 Contract No. 3667-12 Page 32 of 87 Pages 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:CITY O the St ration of (name of Contractor) (print name and title)ATTEST: By: (sign here)LORRAINE M. WOOD, Lk 45^-ffi*T^uJH 0 * (print name and titl '/. // ^ i\^ President or vice-president and secretary or assistant secretary must sign for corpora4ions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne; Revised 10/08/03 Contract No. 3667-12 Page 33 of 87 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oi! rr O<? r He*, fa i n £ On ~tep/" &>/ !$££>£, before me, * ' rfate r'. ' S* i personally appeared /- y if -i? Tp n <3~ ' }i ?/c/ SS. J j<? 47/7//J Cn/n kisi -Jvf>~faf\J p Name and Title of Officer (e.g., "Jane Doe, Notary Public'f Name(s) of Signer(s)J RICHARD ENTRKM COMM*15fl3686 ^ NOTARY PUBLI&CAUFORNIA 7) SAN BERNARDINO COUNTY {J \^^^^. _,ly,c?!"!'^>:''^!.3:2a?9., t BTpersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jsTare subscribed to the within instrument and acknowledged to me that .bejferie/they executed the same in |j»glb«f7their authorized capacity (ies), and that by J»tsy.ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, I © 1999 National Notary Association • 9330 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Bond No. 0433152 Premium Included In Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-262, adopted September 12. 2006, has awarded to American Asphalt South Inc. (hereinafter designated as the "Principal"), a Contract for: 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, American Asphalt South Inc. as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOUR HUNDRED EIGHTY THOUSAND FIVE HUNDRED SIXTY TWO dollars ($480,562.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. A•K Revised 10/08/03 Contract No. 3667-12 Page 34 of 87 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this £/ day of Scfp-/" , 20 0^ . CONTRACTOR: American Asphalt South, Inc. (name of Contractor) By: (title and organization of signatory) ^y T?S£— By:. (sign here) (print name here) Sect (title and organization of signatory) Executed by SURETY this 20th day of September , 20 06. SURETY: International Fidelity Insurance Company (name of Surety) 1575 Treat Blvd. #208 Walnut Creek CA 94598 (address of Surety) 925 256 876.0 phone number of Surety) signature of Attorney-in-Fact) R.A. Bass (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. 3667-12 Page 35 of 87 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California County of Ots.t r f.1 ,ft 3 JT LJ*}ss. On . before me,r/y £r>}r>kiS) ~ Afrra/y P . Name and Title of Officer (e.g., "Jane Doe, Notary Public'/ personally appeared l~\JJf. S-f-pnA Gnd J~£-tf- /%"/V'v/ ' Name(s) of Signer(s) x RICHARD ENTRKIN COMM. 11683585 NOTARY PU6LICOLIFORNIA SAN BERNARDINO COUNTY MyCommExp July 13,2009 i(s) of Signer(s) STpersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that bejtehe/they executed the same in tJi£/k£f7their authorized capacity(ies), and that by J^J^er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: . Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact n Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, ^^-^ © 1999 National Notary Association «9350 De SotoAve., P.O. Box 2402* Chatsworth, CA 91313-2402 •www.nationalnotarv.org Reorder: Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Francisco On 9/20/06 personally appeared. before me, Katharine Tiberi, Notary Public (here insert name and title of the officer) R.A. Bass personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. -•^ ^-> jQ. -/«- -*. -*. - - - „ WITNESS my hand and official seal. Signature KATHERINE TIBER! * COMM. #1560824 t» NOTARY PUBLIC-CALIFORNIA £ SAN FRANCISCO COUNTY 2My Comm. Expires Mar. 18, 2009 (Seal) Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint \ VENETIA G. JOHNSON, KATHERJNE TffiERI, R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY \ San Francisco, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity andother writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, andthe execution of such insttument(s) in pursuance of these presents, shall be as binding upon me said INTERNATIONAL FIDELITY INSURANCECOMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board ofDirectors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds andundertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingduly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuch power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to anybond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to besigned and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO STATE OF NEW JERSEYCounty of Essex Secreta On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed tosaid instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaid Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. V CERTIFICATION A NOTARY PUBLIC OF NEW JERSEYMy Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SATO COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 20th day of September 2006 Assistant Secretary Bond No. 0433152 Premium $3,244.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-262, adopted September 12. 2006. has awarded to American Asphalt South Inc. (hereinafter designated as the "Principal"), a Contract for: 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, American Asphalt South Inc. as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of FOUR HUNDRED EIGHTY THOUSAND FIVE HUNDRED SIXTY TWO dollars ($480,562.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. 3667-12 Page 36 of 87 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by SURETY this 20th day of September 20^6 SURETY: Executed by CONTRACTOR this day of Sefjfilkr , 20 Oo CONTRACTOR: American Asphalt South, Inc. (name of Contractor) By: (sign here) Jeff (print nameriere) fee International Fidelity Insurance Company (name of Surety) 1575 Treat Blvd. #208 Walnut Creek CA 94598 (address of Surety) 925 256 8760 (telephone number of Surety) By: (Title and Organization of Signatory) fe of Attorney-in-Fact) By: R.A. Bass (sign here) rint name here) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. 3667-12 Page 37 of 87 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S&n On Da$~ personally appeared _ before me, RICHARD ENTRIMN COMM. #1593685 NOTARY PUBLIC-CALIFORNIA 30 SAN BERNARDINO COUNTY ft My' CommBy. July 13.2009 i Name and Title of Officer (e.g., "Jane Doe, Notary Publ Name(s) of Signers) f ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) je#are subscribed to the within instrument and acknowledged to me that bejj&he/they executed the same in tH^btffTtheir authorized capacity(ies), and that by Jasilber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:, . Number of Pages:. RIGHT THUMBPRINT OF SIGNER Top of thumb here I © 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402- Chatsworth, CA 91313-2402-www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Francisco On 9/20/06 personally appeared. before me, Katherine Tiberi, Notary Public (here insert name and title of the officer) R.A. Bass personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature KATHERINE TIBER! COMM. #1560824 My Comm'Mar- 18, 2009 (Seal) Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint VENETIA G. JOHNSON, KATHERINE TIBER1, R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY San Francisco, CA. COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws adopted by the Board ofDirectors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize mem to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea! shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to besigned and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL STATE OF NEW JERSEY County of Essex Secretai On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; mat the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 20th day of September 2006 Assistant Secretary City of Carlsbad Public Works July 11, 2006 ADDENDUM NO. 1 RE: 2006 SLURRY SEAL PROJECT, BID NO. PWS07-01ENG, CONTRACT NO. 3667-12 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. Please note change in due date for the above-mentioned bid. New date for bid opening is: August 15,2006 Time remains the same: 2:00 p.m. This addendum-receipt acknowledged-must be included to your bid when your bid is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BieWer's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 6O2-273O • FAX (76O) 6O2-8562 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of reten- tions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. Revised 10/08/03 Contract No. 3667-12 Page 38 of 87 Pages 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. Revised 10/08/03 Contract No. 3667-12 Page 39 of 87 Pages 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name. Signature. Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title Name Signature. Address _ Title Name Signature. Address Revised 10/08/03 Contract No. 3667-12 Page 40 of 87 Pages At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature. Address oRevised 10/08/03 Contract No. 3667-12 Page 41 of 87 Pages SUPPLEMENTAL PROVISIONS FOR 2006 SLURRY SEAL PROJECT CONTRACT NO. 3667-12 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 2003 EDITION PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. 3667-12 Page 42 of 87 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. 3667-12 Page 43 of 87 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Encina Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. 3667-12 Page 44 of 87 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of Drawing No. 425-5 consisting of 4 sheets and the Concrete Repairs Listing Spreadsheet, Appendix B, attached hereto. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. 3667-12 Page 45 of 87 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Plans. 4) City of Carlsbad Engineering Standards, 2004 Edition. 5) San Diego Regional Standard Drawings 6) State of California Department of Transportation Standard Plans 7) Standard Specifications for Public Works Construction 8) Reference Specifications 9) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Revised 10/08/03 Contract No. 3667-12 Page 46 of 87 Pages "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. Revised 10/08/03 Contract No. 3667-12 Page 47 of 87 Pages 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ...20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 10/08/03 Contract No. 3667-12 Page 48 of 87 Panes "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager Revised 10/08/03 Contract No. 3667-12 Page 49 of 87 Pages The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. Revised 10/08/03 Contract No. 3667-12 Paae 50 of 87 Panes (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. Revised 10/08/03 Contract No. 3667-12 Page 51 of 87 Pages (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Revised 10/08/03 Contract No. 3667-12 Paae 52 of 87 Pan«s Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. 3667-12 Page 53 of 87 Pages SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6- 1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Revised 10/08/03 Contract No. 3667-12 Paae 54 nf ft? 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require after hours and/or weekend work on an interim basis to accomplish REAS Seal and ARAM with Type II Slurry application on Tamarack Avenue form Carlsbad Village Drive to Simsbury Ct. while school is in session at Hope Elementary School. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. m/08/03 Contract No. 3667-12 Page 55 of 87 Pages Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of One Thousand Dollars ($1,000). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no permit fee to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, (except State highway right-of-way), or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. Revised 10/08/03 Contract No. 3fifi7-i ? 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. During REAS Seal operations, the Contractors schedule for application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. m/nft/ns Contract No. 3667-12 Page 57 of 87 Pages Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.2 Storage of Equipment and Materials in Public Streets. Replace the first sentence of the first paragraph with the following: Construction equipment and materials shall not be stored on arterial, local residential or collector residential streets without prior authorization from the Engineer. Authorization shall be requested at least 48 hours prior to when the storage is to take place. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer (760) 602-2720 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760)931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760)602-2752 6) North County Transit District (760) 967-2828 7) Waste Management (760) 929-9400 Revised 10/08/03 Contract No. 3667-12 «« 0-7 ° ---- The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the CALTRANS 'Traffic Manual", 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (251) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. -•"-"* in/oa/rva rnntrart Mn 3RR7-1? Raae 59 Of 87 PaQ6S Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6*), nor operate equipment within 0.6 m (2F) from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lane, not less than 12' wide, shall be open for use by public traffic, through the use of a flagger or other method approved by the Engineer. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS 'Traffic Manual", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the 'Traffic Manual", 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. oRevised 10/08/03 Contract No. 3667-12 D— *« _< «-, -. _. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20-day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Design of the TCP shall meet the requirements of the Engineer and Chapter 5 of the 'Traffic Manual", 1996 Edition as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. in/nfl/n-* Contract No. 3667-12 Page 61 of 87 Pages Add the following section: 7-10.3.7 PaymentThe Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" Revised 10/08/03 Contract No. 3667-12 DO«° «*> ~« •>•» " 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. -m/no/m Contract No. 3667-12 Page 63 of 87 Pages 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization. Payment for mobilization will be made at the stipulated lump-sum price bid therefore in the bid schedule, and includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing to conduct work on and off the project site and other offsite facilities necessary for work on the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work on various contract items on or off the project site, excepting those specifically paid for under separate sections of these specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilization, as described in this section, and that the Contractor shall have no right to additional compensation for Mobilization. Progress payments for Mobilization will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization will be allowed. For the second progress payment, an additional sixty percent (60%) of the amount bid for mobilization will be allowed therefore. Revised 10/08/03 Contract No. 3667-12 D*™ ex ~« 0-7 n SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 203 - BITUMINOUS MATERIALS 203-1 PAVING ASPHALT. 203-1.1 General. Paving asphalt shall be a steam-refined asphalt produced from crude asphaltic petroleum or a mixture of refined liquid asphalt and refined solid asphalt. It shall be homogeneous and free from water and residues from distillation of coal, coal tar, or paraffin oil. 203-1.2 Testing Requirements. Asphalts shall be specified by viscosity grade performance grade. and shall conform to the requirements in Table 203-1.2 (A). TABLE 203-1.2 (A) opum i lucumi i Designation ^Tl^J I l¥l Test No. • mv»**wii i <Jiiirtm- AR-4400 AR-2000 AR-4000 AR-gQOQ AR46000 TESTS ON RESIDUE FROM RTFO PROCEDURE Test Method No. Calif. Dynamic viocosity at 60° M/IO°R 10"1 Kinematic viccosity minimum) at 1 35°C/oycop\ n-in-^/e (oontictokos) Penetration (min.) at OF0P (77°P\ fi rnr T 100jjm, 0.1mm Percent of original ponotration at 26°C (77°F), (minimum) Ductility at 26°C (77°£\ mm (minimum) n Q171HJ k III n rn-rntr^Sf^i^r ^§ O-§ &445 760-1260 440 €3 ^n^>n2I Ww^ "~ H cnn ^T^^^^^^ocnnIP- \j\j\j pnnL^v^y 40 40 ^r^n^>2i V^JT^^ Qr>nr>_^j*y*y^^^ cnnnVJW7V 276 26 4§ 760 finnn-\jw\y *r\r\r\f\i \j\j\j\j 400 20 60 760 1 pnnn^1 LM \J\J\J onnnn»— W\7V vvw 20 62 ~t~GHf Contract No. 3667-12 Page 65 of 87 Pages TESTS ON ORIGINAL ASPHALT CUD °C (°F) (minimum) Solubility in trichloroothylone, % (minimum) 020/12 i-uu \ ivju; 99 i- 1 \j \^t-<jf 99 99 L-UU ^ IUU^ 99 c.ou ^tuu; 99 1. TFO may be used but RTFO shall bo the roferonoo method. Tost on residue from RTFO procedure. Calif. Toot 346. 2. If tho duotibility at 26°C (77°F) is loss than 1000 mm., tho matorial will bo acooptablo if itc ductility at °C (60°F) ic moro than 1000 mm. Revised 10/08/03 Contract No. 3667-1 ?inm CO ~« «-» II TABLE 203-1.2 (A) Grade AASHTO Test PG58-22 PG64-10 PG64-16 PG64-28 PG70-10 Original Binder Flash Point, °C, minimum Solubility, %, minimum Viscosity, 135°C, Pa-s, maximum8 Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, GVSinfi, kPa, minimum T48 T44 T316 T315 T315 230 99.0 3.0 58 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 64 1.00 230 99.0 3.0 70 1.00 RTFO Aged Binder Mass Loss, %, maximum Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, G*/Sin6, kPa, minimum Ductility, 25°C, 5 cm/min, cm, minimum T240 T315 T315 T51 1.00 58 2.20 75 1.00 64 2.20 75 1.00 64 2.20 75 1.00 64 2.20 75 1.00 70 2.20 75 RTFO and PAV Aged Binder PAV Aging Temperature, °C Dynamic Shear Test Temperature, °C Dynamic Shear, 10 rad/s, G*-Sin5, kPa, maximum Bending Beam Test Temperature, °C Creep Stiffness, MPa, maximum m-value, minimum R28 T315 T315 T313 T313 T313 100 22b 5000 -12 300 0.300 100 31b 5000 0 300 0.300 100 28" 5000 -6 300 0.300 100 22b 5000 -18 300 0.300 110 34b 5000 0 300 0.300 "This requirement may be waived at the discretion of the specifying agency if the supplier warrants that the asphalt binder can be adequately pumped and mixed at temperatures that meet all applicable safety standards blf the PAV aged binder exceeds 5000 kPa at the designated test temperature, it will be deemed acceptable if it is less than 5000 kPa when tested at a 3°C higher test temperature 1 n/nn/na Contract No. 3667-12 Page 67 of 87 Pages 203-1.3 Test Reports and Certification. Asphalt shall be supplied by state DOT approved vendors or as specified in the Special Provisions. At delivery time, the supplying vendor will deliver to the purchaser certified copies of the test report. This report shall indicate the vendor's name, type and grade of asphalt delivered, date and point of delivery, quantity delivered, ticket number, purchase order number, and results of specified tests. The certified test reports and the testing required in connection with the reports shall be submitted at no cost to the Agency in accordance with 2-5.3.4. Until the certified test reports and samples of the material have been checked by the Engineer to determine their conformity with the prescribed requirements, the material to which such report relates and any work in which it may have been incorporated as an integral component, will be only tentatively accepted by the Agency. Final acceptance will be dependent upon the determination by the Engineer that the material involved fulfills prescribed requirements. 203-1.4 Temperatures. Asphalt shall not be heated during its manufacture, storage, or during construction so as to cause formation of carbonized particles. At no time shall the temperature be higher than 5°C (10°F) below the actual flash point of the asphalt, nor shall it be raised above 190°C (375°F) after loading into a tank car or truck for transport. Unless otherwise specified, the various grades of asphalt shall be applied at a temperature range as indicated in the following table: TABLE 203-1.4 (A) ASPHALT GRADE AR 16000 AR 8000 AR 1000 AR 2000 AR1000 PG 70-10 PG 64-28 PG64-16 PG 64-10 PG 58-22 PLANT PUGMILL MIXING TEMPERATURE °C ( °F) Minimum 160 (300) •IOC (rtjc) 136 (276) 136 (276) OK (inm 150 (300) 135 (275) 135 (275) 135 (275) 135 (275) Maximum 176 (360) ifin n°fi> 160 (3°6) 160 (326) 160 (300) 175 (350) 160(325) 160(325) 160(325) 160(325) DISTRIBUTION APPLICATION TEMPERATURE °C ( °F) Minimum idfi (°fiM 1AO (°fifi^ 140 (°B5) 140 (°86) •loc focm 140 (285) 140 (285) 140 (285) 140 (285) 140 (285) Maximum 176 (360) 176 (360) 176 (360) 176 (360) 160 (326) 175 (350) 175 (350) 175 (350) 175 (350) 175 (350) Asphalt shall be heated in such a manner that no steam or hot oils will be introduced into the asphalt during heating. The Contractor shall furnish and keep on the site an accurate thermometer suitable for determining the temperature of the asphalt. 203-1.5 Distributing Equipment. Distributing equipment shall meet the requirements of 203-2.5. 203-1.6 Measurement and Payment. For all volumetric quantities of Paving Asphalt to be paid for at a Contract Price, the unit of measurement shall be the liter (U.S. gallon) at a temperature of 15°C (60°F). Revised 10/08/03 Contract No. 3667-12 Pa n f\f O"7 o*»«^»* 201-3.6 Type "C" Sealant (Asphalt-Latex Emulsion Joint Sealant). Asphalt-latex emulsion joint sealant shall be designated for mixing and application by hand methods and shall be suitable for use at temperatures above 10°C (50°F). The sealing compound shall be an emulsion consisting of paving asphalt, Grade AR-1000, conforming to requirements of 203-1 emulsified with rubber latex in a suitable emulsifying agent. Rubber latex shall be natural rubber or synthetic latex containing approximately 40 percent solids. The resulting emulsion shall consist of a minimum of 55 percent paving asphalt and a minimum of 36 percent rubber latex. 203-6 ASPHALT CONCRETE. 203-6.1 General. Asphalt concrete shall be the product of mixing mineral aggregate and up to 15% reclaimed asphalt pavement (RAP) with paving asphalt conforming to 203-1 at a central mixing plant. RAP shall conform with 203-7.2.2, except the viscosity of RAP asphalt recovered in accordance with ASTM D 1856 (Abson Recovery Method) will not be required. RAP asphalt content may be determined in accordance to Calif. Test 382. Asphalt concrete will be designated by class and grade for example "C2-AR-4000" "C2-PG 64-10". and shall conform to the requirements in this section. Asphalt concrete containing up to 15% RAP shall be identified by adding the suffix RAP to the class and grade .i.e., "C2-AR4000 RAP" "C2-PG 64-10 RAP". The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. m/rm/ns Contract No. 3667-12 Page 69 of 87 Pages DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-PG64-10 for surface course, and B-PG64-10 for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-PG70-10 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability1 using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage, add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. Revised 10/08/03 Contract Nn 3fifi7-i? D~~<- •»« -* «-» « 203-7.1 General. Recycled Asphalt Concrete (RAG) shall be the product of mixing reclaimed asphalt pavement, new aggregates and asphalt and/or recycling agent. RAG will be designated by Class and Grade, i.e., C2 AR 1000 RAG C2-PG 64-10-RAC. and conform to requirements in this subsection. The end product shall meet both the gradation and asphalt grade specified. 203-7.2.2 Reclaimed Asphalt Pavement. Second paragraph: The RAC supplier shall perform sand-equivalent tests of the unextracted RAP, and tests of RAP asphalt content, RAP asphalt viscosity performance grade, and gradation of RAP aggregates of solvent extracted samples of RAP taken from stockpiles. Solvent extractions shall 203-7.2.3 RAC Bituminous Materials. Last paragraph: The test results of the RAG binder shall meet the RTFO residue roquiromentc in 203-1.2 (A) for the AR grado cpecified the RTFO and PAV test requirements in 203-1.2 (B) for the PG grade specified. except the Percent of Original Penetration is not required. 203-10.2.1 Asphalt. Asphalt binder to be mixed with the latex and aggregate shall be paving asphalt, Viscosity Grado AR-4000 Performance Grade 64-10 conforming to 203-1, unless otherwise directed by the Engineer. 203-10.2.4 Composition and Grading. The mix shall be G2 unless otherwise directed by the Engineer. Where Alternate Rock Products-Type S, Section 400, are specified, the class shall be Type III-C3-AR'1000 Type III-C3-PG 64-10 unless otherwise directed by the Engineer. Add the following section: 203-13 ASPHALT PAVEMENT CRACK SEALANTS 203-13.1 Elastomeric Sealant. Elastomeric sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. No elastomeric sealant shall be incorporated into any portion of the work that is beyond the shelf life recommended by its manufacturer. No elastomeric sealant shall be incorporated into any portion of the work that has been stored under conditions not recommended by its manufacturer. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. The cured sealant shall have the performance characteristics in Table 203-13(A). «H in/nn/rv? Hnntrant Nn 3667-12 Page 71 of 87 Dages TABLE 203-1 3.1 (A) ELASTOMERIC SEALANT CHARACTERISTICS Property Hardness (indentation) TensileStrength Elongation Flex at -40°C Weathering Resistance Salt-Spray Resistance Dielectric Constant Measuring Standard (ASTM Designation) ASTM D 2240 Rex. Type A, Model 1 700 ASTM D 41 2 Die C, ASTM D 41 2 Die C, 0.6 mm (25 mil) Free Film Bend (1 80°) ASTM D 822 Weatherometer 350 h ASTM B 117 28 days at 38°C ASTM D 150 Results 65-85 3.45 MPa, minimum 400%, minimum No cracks Slight chalking 3.45 MPa, minimum tensile; 400% minimum Elongation Less than 25% change Conditions 25°C @ 50% relative humidity pulled at 508 mm (20") per minute pulled at 508 mm (20") per minute over 13 mm (72") Mandrel Cured 7 days at 25°C @ 50% relative humidity 5% NaCI, Die C, pulled at 508 mm (20") per minute over a temperature range of -30-»C to 50-*>C 203-13.2 Asphaltic Emulsion Sealant. Asphaitic emulsion sealant shall conform to the State of California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer's recommendations and shall not be placed when the air temperature is less than 7°C (45°F). 203-13.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 203-13.3(A). TABLE 203-13.3(A) CURED HOT-MELT RUBBERIZED ASPHALT Property Cone Penetration Flow, 60°C Resilience Softening Point, Ductility, Flash Point, COC, °C Viscosity, Brookfield Thermosel, Measuring Standard (ASTM Designation) ASTM D 3407, Sec. 5 ASTM D 3407, Sec. 6 ,ASTM D 3407, Sec. 8 ASTM D 36 ASTMD 113 ASTM D 92 ASTM D 4402 Results 3.5 mrTLmax. 5 mm, max. 25%, min. 82 °C, min. 300 mm, min. 288 °C, min. 2.5-3.5 Pa-s Conditions 25°C,150g,5s 25°C 25°C, 50 mm/min No. 27 Spindle, 20 rpm, 190°C, Revised 10/08/03 Contract No. 3667-12 Pane T) nf fl7 SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART', dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART', dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. 1 n/nft/ns Contract No. 3667-12 Page 73 of 87 Pages Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (Sft^of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg-end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Revised 10/08/03 Contract No. 3667-12 e*™ ™ «* °7 °- SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 8010-004 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer's specifications and instructions. Post emergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. SECTION 214 PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS Add the following section: 214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal thereto. TABLE 214-5.1 (A) TEMPORARY REFLECTIVE PAVEMENT MARKERS Type TFPM Manufacturer of DAPCO Davidson Plastics Company, Kent, Washington 98032, Telephone (206) 251-8140. Distributor 18726 East Valley Highway, Add the following section: 14-5.2 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective Channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. Reflective Channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto. 1 n/nfi/ns Contract No. 3667-12 Page 75 of 87 Pages TABLE 214-5.2(A) REFLECTIVE CHANNELIZER Type Safe-Hit SH236MA Carsonite " Repo "The Super Duck" SDF-436 Replaceable Post" Manufacturer of Distributor Safe-Hit Corporation 1930 West Winton Avenue, Building Hayward, CA 94545 Telephone (41 5} 783-6550 #11 Carsonite International Corporation 2900 Lockheed Way Carson City, NV 89701 Telephone (702) 883-5104 Western Highway Products P.O. Box 7 Stanton, CA 90680 Telephone (800) 422-4420 The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 2-5.3.3 "Submittals". Said certificate shall certify that the permanent reflective channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the engineer and were manufactured in accordance with the approved quality control program. Revised 10/08/03 Contract No. 3667-12 Paae 7fi nf R7 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-4.4 Public Convenience and Traffic Control. Add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses on which sealing shall occur. Obtaining the appropriate addresses shall be the contractor's responsibility. Letters shall be as shown in bold type as follows, with the appropriate information specific to the work inserted at the locations indicated in the brackets and italicized. Revised 10/08/03 Contract No. 3667-12 Page 77 of 87 Pages (Name of Contractor) (Address of Contractor) (Contractor's License Number) (Date) As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be sealed with a mixture of asphalt and sand, beginning in two or three weeks. This process requires that your street be closed for one day starting at 7:00 a.m. and continuing until the Contractor removes the traffic control devices. You will be notified 72 hours in advance of the day your street will be closed by a brightly colored 3 Ya" x 8 Ya" card attached to your doorknob. You will also notice temporary no parking signs on your street with a specific no parking date written on it. A successful street maintenance program depends on your cooperation. Please do not drive, walk, play, skate or allow pets on the sealed street until it has dried. Furthermore, please do not wash your car or turn on any sprinklers while you are waiting for the seal to dry. If you don't plan to leave your home before 7:00 a.m. on the day your street will be sealed, and you need to use your vehicle later in the day, please park your car on an adjacent street in your neighborhood that is not signed as a no parking zone. When walking to and from your car, remember not to walk on the newly sealed street or you will have black residue on the bottom of your shoes. The residue will damage some surfaces, will mark all surfaces that you track it on and will be very difficult to remove. (Name of Contractor) is the Contractor that will be performing the resurfacing work for the City and you may call them at (24 hour per day attended telephone number in the 760 area code) for any questions you may have about the project. Sealing of your street will not occur on the day your trash is collected. On the day your street is sealed mail delivery may be delayed until the next day. You will not know the exact date your street will be closed until you receive the 3 Va" x 8 %" card. If you have a moving company scheduled to come to your house within the next two weeks, please call and inform the Contractor of the date. If you have any concerns which are not addressed by the Contractor, please call the City's Engineering Inspection Department at 438-2780. They will assist you in resolving the concerns. Revised 10/08/03 Contract No. 3667-12 Pane ?« «t a? D— The City of Carlsbad has some of the finest streets in the county due to the concern and cooperation of citizens like you. Your cooperation is greatly appreciated." During sealing operations, the Contractors schedule for slurry seal project application shall be designed to provide residents and business owners whose streets are to be sealed sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by a representative of the Contractor who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall be as shown in the following example, with the day of the week circled and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. SECTION 310-PAINTING 310-5 PAINTING VARIOUS SURFACES. 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or tor approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. m/08/03 Contract No. 3667-12 Page 79 of 87 Pages 310-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (V8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (V4") in 3 m (10') when measured perpendicular to the centerline of the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. 310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10') thick asphalt concrete overlay is not permitted. 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (1/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. 310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor shall paint the ends of each median nose yellow. Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. 310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the prices bid for striping, and no additional compensation will be allowed therefore. Reapplication of temporary stripes and markings shall be repainted at the Contractor's expense, and no additional compensation will be allowed therefore. The prices bid shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. Revised 10/08/03 Contract No. 3667-12 Pan* on «« 0-7 D SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Add the following to the third paragraph: 4) When being installed on asphalt concrete pavement sooner than 14 days after placement of the asphalt concrete pavement course on which the pavement markers are to be placed. Add the following section: 312-1.1 Reflective Channelizer Placement and Removal. The Contractor shall place and remove reflective channelizers the same as for pavement marker placement and removal. The Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8. The Contractor shall perform all layout work necessary to place the channelizers to the proper alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause, the channelizers shall immediately be replaced or restored to their original location, by the Contractor. When reflective channelizers are removed the pavement surface shall be restored to the same color and surface finish as the adjacent pavement. SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS. Add the following section: 313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and appurtenances to public traffic. 313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The Contractor shall use temporary reflective raised pavement markers for temporary pavement marking, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe that will be in place for less than 30 days. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement and Removal", except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. m/08/03 Contract No. 3667-12 Page 81 of 87 Pages Add the following section: 313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished, placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions. The reflective sheeting shall be 75mmx 300mm (3" x 12") in size. The reflective sheeting shall be visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the same manner as provided for cementing pavement markers to pavement in section 312-1, "Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be placed on the alignment and location shown on the plans and as directed by the Engineer. The Channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved alignment. All layout work necessary to place the Channelizers to the proper alignment shall be performed by the Contractor. If the Channelizers are displaced or fail to remain in an upright position, from any cause, the Channelizers shall immediately be replaced or restored to their original location, by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the Channelizers comply with the plans and specifications and conform to the prequalified design and material requirements approved by the Engineer and were manufactured in accordance with a quality control program approved by the Engineer. Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS. Add the following section: 313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled crash cushions units as shown on the plans. Revised 10/08/03 Contract No. 3667-12 D»«« «"> ~« ^ ™ 313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K) shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in sections 210-1.5 "Paint Systems" and 310 "Painting". Contractor shall be responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours. The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti, tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the appearance of said units when ordered by the Engineer after the units are in place. Add the following section. 313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures"." Load tickets and a Certificate of Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1, "Portland Cement Concrete" and 303-1 "Concrete Structures". Steel bars to receive bolts at ends of concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a minimum length of 660 mm and shall have a 75 mm (3") diameter by 9 mm (3/8") thick plate welded on the upper end with a 5-mm (3/ie") fillet weld. The final surface finish of temporary railings (Type K) shall conform to the provisions in section 303-1.9.2 "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be type 2 curing compound. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 100 mm in height and shall be located not more than 300 mm above the bottom of the rail panel. Add the following section. 313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit placed within 3 m (10') of a traffic lane shall have a reflector installed on top of the rail as directed by the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions of section 206-7.2, Temporary Traffic Signs". Where shown on the plans, threaded rods or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition, or constructed to its planned condition. Onntrant No 3fifi7-1 <? paQe 83 Of 87 PaQGS Add the following section: 313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall be "Energite IN" manufactured by Energy Absorption Systems, "Fitch Inertia! Barrier System Modules" manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the type and array configurations shown on plans, and installed at every end of, or gap in, the temporary railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m (15') or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be installed per CALTRANS Standard Drawings T1 and T2 for approach speeds no less than the posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the greater. The TSFCC array shall be appropriate to the application as shown on said standard drawings. A TypeJ and/or P marker panel conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings T1 and T2. Particular care shall be taken to assure that crash cushions are installed with the soil supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a vertical alignment parallel to the segment of the travel lane that it departed from. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary appurtenances thereto shown on the plans or required in the specifications are a part of the lump-sum item for traffic control and payment therefore shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors marking them shall include the installation, grading for installation, grading for the approach path, maintenance, painting and re-painting, replacement of damaged units and removal and shall also be included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-rails and crash cushions when not shown on the plans and requested by the Engineer shall be made per section 3-3, Extra Work, SSPWC. Revised 10/08/03 Contract No. 3667-12 Pane 84 of fl7 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-3 Rubberized Emulsion - Aggregate Slurry 600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall be Type I Slurry Aggregate. 600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the provisions of subsection 212-1.2.6, Herbicide Application, Section 302-11 Asphalt Concrete Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been satisfied. The Contractor shall remove all existing pavement markings, legends, thermoplastic, and striping, either permanent or temporary, in those areas to be slurried. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas. All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two) working days prior to sealing of street. Allowance for the two day period shall be shown in the schedule required per section 6-1. Contractor shall remove any visible plant growth prior to placement of Herbicide. Full compensation for removal of pavement markings and striping, and herbicide application shall include but not be limited to: furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and no additional compensation will be allowed therefore. 600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material allowed on City right-of-way without prior authorization from the Engineer. Revised 10/08/03 Contract No. 3667-12 Page 85 of 87 Pages Appendix A Resident Notification Example Revised 10/08/03 Contract No. 3667-12 Panp RR nf R7 CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX FIELD # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its streets, your street will be resurfaced. This construction will require the closing of your street to through traffic for one day. Your street, from XYZ St. to DEF Ave. will be closed to through traffic and resurfaced on: MON. TUE. WED. THU. FRI. DATE: XX/XX/XX from 7:OOA.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on an adjacent street in your neighborhood that will not be resurfaced. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad's Project Inspector. When walking to and from your car, remember not to walk on the newly overlaid street or you will have black residue on the bottom of your shoes. Please do not drive, walk on, walk pets, play, or skate on the newly overlaid asphalt. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the asphalt is laid as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at the above phone number if you have any questions regarding the project. Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any oncerns which cannot be addressed by the Contractor, you may call the City's Project nspector @ (xxx) xxx-xxxx. Thank you for your cooperation as we work to make a better City of Carlsbad. o 1D/OR/03 Contract No. 3667-12 Pace 87 of 87 Panes